Source:
Miami HeraldIn a 2-1 decision, the 11th Circuit Court of Appeals in Atlanta said the board did not breach the First Amendment, and ordered a Miami federal judge to lift a preliminary injunction that had allowed Vamos a Cuba to be checked out from school libraries.
The majority opinion supported the School Board's authority to set educational standards in Miami-Dade, saying the bilingual book, part of a library series on 24 nations, presented an ''inaccurate'' view of life in Cuba under its former leader, Fidel Castro.
''The record shows that the board did not simply dislike the ideas in the Vamos a Cuba book,'' appeals court Judge Ed Carnes wrote in the majority opinion. 'Instead, everyone, including both sides' experts, agreed that the book contained factual inaccuracies.''
But the three-judge panel's opinion -- not unlike the School Board's initial vote -- was so fraught with political rhetoric such as ''book banning'' that further appeals seem inevitable. Indeed, Carnes attacked the dissenting opinion's use of the phrase.
Read more:
http://www.miamiherald.com/news/education/story/890555.html
Interesting to note that school board member Ana Rivas Logan said
''This book was inaccurate, and it was offensive to a whole community''.
Actually, it was a small group of intransigent RW exiles who started the protest over the book in school libraries. Its part of a series "Let's visit ___" of 24 books in the school libraries. The story was being covered here on DU as it was ongoing a couple of years ago.
During the fake outrage and school board distractions and lawsuits it was revealed that the whole series of books contained "inaccuracies" on each country topic. Not mentioning the Chinese authoritarian system and slave labor conditions, not the Tibet occupation, for example. Not mentioning the genocide of the Native Indians nor slavery in the Lets Visit America book, as another example.
The beef about Vamos a Cuba was because it didn't mention the RW exile perspective on just how evil Dr Castro and his evil socialist island are.
The Miami-Dade school board caved and banned the book amid outrage by the school system librarians. And now 11th CCofA has caved also.
More lawsuits to follow over this, I'm sure.