David Bicknell, by His Guardian Donald Bicknell v. Vergennes Union High School Board of Directors

NEWMAN, Circuit Judge:

This case, like Pico v. Board of Education, 638 F.2d 404 (2d Cir. 1980), decided this day, involves a school board’s decision to remove books from a school library. In Pico a divided panel concluded that the allegations of the complaint and the supporting affidavits presented a triable issue as to whether the book removal had created a sufficient risk of suppressing ideas within the school community to constitute a First Amendment violation. In this case the allegations are insufficient to warrant a trial, and we therefore affirm the decision of the District Court for…