Analyzing Precedents Set by Monteiro v Tempe Union (1998)
- Shane Bilyeu
- Oct 25, 2024
- 2 min read
Updated: Oct 27, 2024
In the legal vicinity, certain court cases stand out for the precedents they set- with their ability to withstand implications and outlines for future decisions. Specifically addressing Monteiro V. Tempe, it is such a vital case that continues to have a lasting impact. It has not directly influenced a specific case to this day, but has still had a direct impact upon some dilemmas and certainly more in the future.

On October 2nd, 2014, the American Civil Liberties Union (ACLU) of Southern California wrote a letter to the Riverside Unified School District, regarding the concern of the district's decision to remove The Fault In Our Stars by John Green off of middle school libraries. This was due to content of sex and themes of morality that were questionable. This letter argues that this removal constitutes unconstitutional censorship, which violates the First and Fourteenth Amendment rights. Their intent behind sending this letter was to protect students' access to diverse ideas in the library, as they are voluntarily choosing to read the book, compared to it being a mandatory lesson. The ACLU urged them to reconstruct their thought process at an upcoming board meeting, without litigation.
One of the most fundamental aspects of the Monteiro v Tempe Union ruling was the emphasis on upholding the rights of individuals in educational settings. The court's decision emphasized the significance of ensuring equal access to education for all students, regardless of their background, culture, or personal characteristics. Furthermore, the case shed light on the legal obligations of educational institutions when it comes to protecting students from discrimination and ensuring a safe learning environment for all. The ruling displayed the actions of schools to actively address any instances of discrimination and to take appropriate actions to prevent such occurrences in the future.
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