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Key Takeaways from Monteiro v Tempe Union (1998) Case:

  • Writer: Shane Bilyeu
    Shane Bilyeu
  • Oct 25, 2024
  • 1 min read

Updated: Oct 27, 2024

  • Monteiro v Tempe Union left a lasting impact on our education system. It is discussed and analyzed in classrooms today for its unique circumstances and the seeming conflict of rights it presented.


  • The 9th Circuit held that educators have broad freedom to set curriculum, which may include the required reading of texts that feature racist themes, overtones, and epithets.


  • The 9th Circuit concluded that banning the books could place undue strain on a student's first amendment right to seek and receive information (as implied by freedom of speech).


  • The Court found that Tempe Union violated Title VI of the Civil Rights Act of 1964 according to criteria set forth by the Department of Education (the agency responsible for enforcement of CRA 1964).



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