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NCAC Amicus Brief for Arce v Huppenthal - Mexican American Studies (Tucson, AZ)

NCAC Amicus Brief for Arce v Huppenthal - Mexican American Studies (Tucson, AZ)

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Published by ncacensorship
This amicus brief has been filed with the Ninth Circuit Court of Appeals in Arce v. Huppenthal, a lawsuit challenging the constitutionality of Arizona Revised Statute § 15-112(A). The brief argues that the statute, which led to the disbanding of Tucson’s Mexican American Studies (MAS) program, violates Arizona students’ First Amendment rights to receive information and is unconstitutionally overbroad.

Following the law’s 2010 passage, the Tucson Unified School District (TUSD) was notified that its MAS program violated the statute. Facing the prospect of losing a significant amount of state funding, TUSD had no real choice other than to dismantle the program.

More: http://www.ncac.org/Censorship-Arizona-Style
This amicus brief has been filed with the Ninth Circuit Court of Appeals in Arce v. Huppenthal, a lawsuit challenging the constitutionality of Arizona Revised Statute § 15-112(A). The brief argues that the statute, which led to the disbanding of Tucson’s Mexican American Studies (MAS) program, violates Arizona students’ First Amendment rights to receive information and is unconstitutionally overbroad.

Following the law’s 2010 passage, the Tucson Unified School District (TUSD) was notified that its MAS program violated the statute. Facing the prospect of losing a significant amount of state funding, TUSD had no real choice other than to dismantle the program.

More: http://www.ncac.org/Censorship-Arizona-Style

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Published by: ncacensorship on Nov 26, 2013
Copyright:Attribution Non-commercial

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02/05/2015

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 Case No. 13-15657, 13-15760
 _________________________________________________________________________________________________________________
IN THE
United States Court of Appeals
FOR THE NINTH CIRCUIT
 _____________________________________________________________________________________________________________
MAYA ARCE,
et al.
, Plaintiffs-Appellants Cross-Appellees,
 
v. JOHN HUPPENTHAL, Superintendent of Public Instruction,
et al.
, Defendants-Appellees Cross-Appellants.
 ___________________________________________________________________________________________________________
On Appeal from the United States District Court for the District of Arizona  No. 4:10-cv-00623-AWT
 _____________________________________________________________________________________________________________
BRIEF OF FREEDOM TO READ FOUNDATION, AMERICAN LIBRARY ASSOCIATION, AMERICAN BOOKSELLERS FOUNDATION FOR FREE EXPRESSION, ASIAN/PACIFIC AMERICAN LIBRARIANS ASSOCIATION, BLACK CAUCUS OF THE AMERICAN LIBRARY ASSOCIATION, COMIC BOOK LEGAL DEFENSE FUND, NATIONAL ASSOCIATION FOR ETHNIC STUDIES, NATIONAL COALITION AGAINST CENSORSHIP, NATIONAL COUNCIL OF TEACHERS OF ENGLISH, AND REFORMA AS
 AMICI CURIAE
 IN SUPPORT OF PLAINTIFFS-APPELLANTS AND SUPPORTING REVERSAL
 ______________________________________________________________________________________________________________ 
 
David A. Handzo Julie M. Carpenter Elizabeth C. Bullock J
ENNER
&
 
B
LOCK
LLP 1099 New York Ave. NW Suite 900 Washington, DC 20001 Tel.: (202) 639-6085 Fax: (202) 661-4853 Email: dhandzo@jenner.com  jcarpenter@jenner.com ebullock@jenner.com
Case: 13-15657 11/25/2013 ID: 8876559 DktEntry: 17 Page: 1 of 42
 
 i
CORPORATE DISCLOSURE STATEMENT
Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the Freedom to Read Foundation is a non-profit organization that does not have any  parent corporations or issue stock and consequently there exists no publicly held corporation which owns 10% or more of its stock.
 
Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the American Library Association is a non-profit organization that does not have any  parent corporations or issue stock and consequently there exists no publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the Asian/Pacific American Librarians Association is a non-profit organization that does not have any parent corporations or issue stock and consequently there exists no publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the Black Caucus of the American Library Association is a non-profit organization that does not have any parent corporations or issue stock and consequently there exists no publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the American Booksellers Foundation for Free Expression is a non-profit organization
Case: 13-15657 11/25/2013 ID: 8876559 DktEntry: 17 Page: 2 of 42
 
 ii that does not have any parent corporations or issue stock and consequently there exists no publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the Comic Book Legal Defense Fund is a non-profit organization that does not have any parent corporations or issue stock and consequently there exists no publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the  National Association For Ethnic Studies is a non-profit organization that does not have any parent corporations or issue stock and consequently there exists no  publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the  National Coalition Against Censorship is a non-profit organization that does not have any parent corporations or issue stock and consequently there exists no  publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), the  National Council of Teachers of English is a non-profit organization that does not have any parent corporations or issue stock and consequently there exists no  publicly held corporation which owns 10% or more of its stock. Pursuant to Federal Rules of Appellate Procedure 26.1 and 29(c)(1), REFORMA: the National Association to Promote Library and Information
Case: 13-15657 11/25/2013 ID: 8876559 DktEntry: 17 Page: 3 of 42

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