Taking Book Banners to Court: A Look at a Student Lawsuit in Missouri and Impact of the 1982 – School Library Journal
Is it unconstitutional to ban books from a school library? Picodidn't provide an easy answer, but the ACLU and a couple of Missouri students aresuing arguing that the removal of booksfrom theWentzville R-IV district is a violation of their First Amendment rights.
A little more than 40 years ago, a school board in New York banned nine books, including novels and memoirs that addressed topics like racism, drug addiction, and anti-Semitism.
The board alleged that the books were anti-American, anti-Christian, and just plain filthy, and that the bans were part of their duty and obligation to protect the children in the school district from moral danger.
In response, a high school student named Steven Pico joined other students in suing the school board over the book ban. In 1982, the case Board of Education, Island Trees School District v. Pico made its way to the U.S. Supreme Court, which, for the first time, ruled on the constitutionality of book bans in school libraries.
Essentially, the Supreme Courts judgment was that the school board could not prevail in the case without a full trial at the lower court level, and that under the First Amendment school boards could not remove books from the library based merely on official suppression of ideas.
Since then, Pico has come to stand for the general proposition that the U.S. Constitution protects the right to receive information and ideas, which is especially salient in a school library. As a result, there are some constitutional limits on the power of local school boards to remove books from school libraries, especially when book removals are based on narrow or partisan grounds.
Fast-forward four decades to February of this year when the American Civil Liberties Union filed a lawsuit against a Missouri school district on behalf of two unnamed students. Wentzville R-IV district was sued for banning eight books, including memoirs and novels addressing race, gender, and sexual identity.
In a release announcing the lawsuit, Anthony Rothert, legal director at ACLU of Missouri, said, school boards cannot ban books because the books and their characters illustrate viewpoints different of those of the school board; especially when they target books presenting the viewpoints of racial and sexual minorities, as they have done in Wentzville.
The Missouri lawsuit comes amid a rise in book bans in the United States. School boards across the country are attempting to remove a range of titles, often in the wake of fierce complaints and well-organized campaigns from parents and groups using excerpts from books to create a fervor in like-minded community members.
The American Library Associations (ALA) Office of Intellectual Freedom (OIF) received an unprecedented volume of challenges in the fall of 2021, according to OIFs director.
Some of the banned titles have been considered longtime classics such as To Kill a Mockingbird by Harper Lee and Of Mice and Men by John Steinbeck. Newer titles addressing issues ranging from race, gender, and sexuality to family, social justice, and feminism have also been pulled from school libraries, including Gender Queer by Maia Kobabe and Stamped: Racism, Antiracism, and You by Jason Reynolds and Ibram X. Kendi.
In any caseand as was true 40 years ago in the Pico controversybook bans present sometimes murky legal questions about free speech and students rights to access information and ideas in public schools.
Wentzville R-IV is a suburban St. Louis public school district that serves more than 17,000 students. The district has policies governing selection, retention, and reconsideration of books for its school libraries. Those policies describe school libraries as a point of access to information and ideas for students as they acquire critical thinking and problem-solving skills.
Additionally, the districts libraries reportedly embrace ALAs Library Bill of Rights, which supports maximum student accessibility to materials that encourage knowledge, growth, and cultural appreciation and development.
In Wentzvilles schools, books can be weeded from libraries when they are damaged beyond repair or no longer useful, or when they are found to be age-inappropriate or to contain unreliable information. The school board may also consider formal written challenges regarding removal of certain titles.
In 2021, a parent member of the St. Charles County Parents Association formally challenged Toni Morrisons novel The Bluest Eye because of explicit descriptions of violence, rape, sex, and incest contained in the book.
Initially, the Wentzville school board voted to retain the book, in part because The Bluest Eye was not an assigned reading or part of the district curriculum. Additionally, the committee reviewing the challenge thought that removing the title would infringe on the rights of parents and students to decide for themselves whether they wanted to read the book.
But later, the board approved removal of The Bluest Eye. Other books that were subject to formal challenges in the district around that same time were also pulled from library shelves in what the ACLU describes as a campaign to suppress viewpoints about race and sexuality.
All in all, the Wentzville school board removed All Boys Arent Blue by George M. Johnson; Fun Home: A Family Tragicomic by Alison Bechdel; Gabi, a Girl in Pieces by Isabel Quintero; and Heavy: An American Memoir by Kiese Laymon.
The board also removed Invisible Girl: A Novel by Lisa Jewell; Lawn Boy by Jonathan Evison; and Modern Romance: An Investigation by Aziz Ansari and Eric Klinenberg.
In its legal complaint, the ACLU contends that the board removed the books because school officials disliked the ideas contained in them, and that they did so with the intent and purpose to prescribe what is generally or traditionally accepted as right or true in matters of opinion.
Essentially, the ACLU says that the district failed to use established and unbiased procedures for book removal and that the banned books were removed on an arbitrary basis and not in a viewpoint neutral manner.
The ACLU further contends that the Wentzville book bans violate student rights under the First and Fourteenth Amendments to the U.S. Constitution. The class-action lawsuit asks the court to reinstate the banned books into school library circulation.
Not long after the ACLU filed the lawsuit, the Wentzville school board reversed its decision regarding The Bluest Eye. Rothert welcomed the reversal in a statement issued in late February, but said that the ACLUs case is still active.
The fact remains that six books are still banned. And Wentzvilles policies still make it easy for any community member to force any book from the shelves even when they shamelessly target books by and about communities of color, LGBTQ people, and other marginalized groups, Rothert said.
The Wentzville case begs a question of how the Supreme Courts narrow 5-4 decision in Picoi.e., that there are some constitutional limits on the power of school officials to remove books from school librariesapplies in todays highly charged book banning environment.
When Pico was decided, then-Justice William Brennan wrote the plurality opinion, which was joined either in full or in part by four other justices.
In brief, we hold that local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodoxin politics, nationalism, religion, or other matters of opinion, Justice Brennan wrote.
Another four justices dissented from that opinion. Some did not believe that the case implicated the First Amendment.
Consequently, aside from the principal opinion, Pico produced six different opinions from the various justices, each of whom presented potentially thorny legal questions underlying book banning in public schools. Those issues ranged from considering the underlying motivation for removing books, to examining the fundamental right to receive information under the law, to questioning whether school boards should be given broad judicial deference to manage school library collections.
The divergent viewpoints from the Supreme Court in the Pico case make it difficult to pinpoint a definitive legal test for determining whether a particular school boards book removal runs afoul of the Constitution. As a result, book banning proponents may continue to push the issue until their state legislators clearly define school board authority to pull books from library shelves. And at this time, more than 13 states are reportedly proposing or considering bills that would make it easier for local school boards to remove books from school libraries.
Although the Wentzville board has thus far reinstated one of the banned books, the ACLU as of March appeared poised to continue pursuing the case in the courts.
The First Amendment to the U.S. Constitution protects the right to share ideas, including the right of people to receive information and knowledge, Rothert said in a statement, adding, We must protect this right, including educators and students rights to talk and learn about race and gender in schools.
Kelley R. Taylor is a writer, journalist, and lawyer.
The rest is here:
Taking Book Banners to Court: A Look at a Student Lawsuit in Missouri and Impact of the 1982 - School Library Journal
- Takeaways from the Supreme Courts TikTok decision and what it may mean for the First Amendment - CNN - January 19th, 2025 [January 19th, 2025]
- Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How? - The Federalist Society - January 19th, 2025 [January 19th, 2025]
- TikTok, HamHom, and the First Amendment - Reason - January 19th, 2025 [January 19th, 2025]
- Supreme Court weighs First Amendment rights and porn in Texas case - NPR - January 19th, 2025 [January 19th, 2025]
- "Strong stand for the First Amendment": TikTok announces U.S. return after Trump promise to stay ban - Salon - January 19th, 2025 [January 19th, 2025]
- FCCs Rosenworcel Takes Parting Swipe at Incoming Trump Administration Over First Amendment - TV Technology - January 19th, 2025 [January 19th, 2025]
- Upholding TikTok ban, Supreme Court attacks First Amendment ahead of Trump inauguration - WSWS - January 19th, 2025 [January 19th, 2025]
- Rand Paul Reacts to TikTok Ruling: 'Violation of the First Amendment' - Newsweek - January 19th, 2025 [January 19th, 2025]
- Supreme Court Denies TikTok First Amendment Pass, Effectively Shuttering the Social Media Platform in the U.S. on Jan. 19 Unless Sold to Third Party -... - January 19th, 2025 [January 19th, 2025]
- "Satan loves the First Amendment" banner lawsuit allowed to proceed against Broward schools - CBS News - January 6th, 2025 [January 6th, 2025]
- Claim Against School Board That Refused to Display "Satan Loves the First Amendment" Banner Can Go Forward - Reason - January 6th, 2025 [January 6th, 2025]
- First Amendment gives way to national security: Countdown on for TikTok - Virginia Mercury - January 6th, 2025 [January 6th, 2025]
- Settlement puts Disneys business interests above First Amendment - Freedom of the Press Foundation - January 6th, 2025 [January 6th, 2025]
- Federal Judge Temporarily Blocks Protect Tennessee Minors Act Over First Amendment Concerns - SValleyNow.com | Local News for Marion County and the... - January 6th, 2025 [January 6th, 2025]
- Sullivan and the Central Meaning of the First Amendment Lee Levine & Matthew Schafer - Law & Liberty - January 1st, 2025 [January 1st, 2025]
- Tennessee age verification law blocked from taking effect due to First Amendment concerns - WZTV - January 1st, 2025 [January 1st, 2025]
- FIRE to SCOTUS: TikTok ban violates Americans' First Amendment rights - Foundation for Individual Rights and Expression - January 1st, 2025 [January 1st, 2025]
- Ald. Jim Gardiner Agrees to Pay $157K to Settle Lawsuit Claiming He Violated First Amendment by Blocking Critics From Official Facebook Page - WTTW... - January 1st, 2025 [January 1st, 2025]
- First Amendment the first casualty in Oklahoma school chiefs weird war on woke | Opinion - Wichita Eagle - January 1st, 2025 [January 1st, 2025]
- Donald Trump Asks Supreme Court to Delay TikTok Ban Over First Amendment Concerns - TheWrap - January 1st, 2025 [January 1st, 2025]
- How Washington State Stifles the First Amendment for the Incarcerated - Solitary Watch - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Theres Still Time for the Senate to Support the First Amendment - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- First Amendment Censorship Claims Against Stanford Internet Observatory Can Go Forward to Discovery as to Jurisdiction and Standing - Reason - December 22nd, 2024 [December 22nd, 2024]
- S. Ct. Will Hear First Amendment Challenge to TikTok Divestment on Jan. 10 - Reason - December 22nd, 2024 [December 22nd, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - Citrus County Chronicle - December 22nd, 2024 [December 22nd, 2024]
- Deal reached in First Amendment -Facebook lawsuit against Ald. Gardiner, as city agrees to pay some costs - Nadig Newspapers - December 22nd, 2024 [December 22nd, 2024]
- Iowa Republicans are afraid of the First Amendment - Bleeding Heartland - December 22nd, 2024 [December 22nd, 2024]
- TikTok Asks Supreme Court to Block Law Banning Its U.S. Operations - The New York Times - December 18th, 2024 [December 18th, 2024]
- Supreme Court agrees to hear TikToks First Amendment challenge to U.S. ban if not sold - Spectrum News NY1 - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trumps Media Lawsuits Are Meant to Open the Floodgates to Overturn Key First Amendment Rights | Video - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- Media on the run: A sign of things to come in Trump times? First Amendment News 451 - Foundation for Individual Rights and Expression - December 18th, 2024 [December 18th, 2024]
- KERC Approves First Amendment to Multi-Year Transmission, Distribution, and Retail Supply Tariff Regulations 2024 - SolarQuarter - December 18th, 2024 [December 18th, 2024]
- Masked Protests and First Amendment Rights The Chickenman Case in Smyrna - Wgnsradio - December 18th, 2024 [December 18th, 2024]
- First Amendment attorneys say Ohio bill aimed at curbing antisemitism may infringe on rights - 10TV - December 18th, 2024 [December 18th, 2024]
- First Amendment warning: 100% chance of Ryan Walters tweeting - NonDoc - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trump's Media Lawsuits Are Meant to 'Open the Floodgates' to Overturn Key First Amendment Rights | Video - TheWrap - December 18th, 2024 [December 18th, 2024]
- SJC expands First Amendment protection to true threats over the Internet, by text, and in person - The Boston Globe - December 14th, 2024 [December 14th, 2024]
- OPINION: The First Amendment is the Biggest Story of the 2024 Presidential Election - Nevada Globe - December 14th, 2024 [December 14th, 2024]
- First Amendment: Anathema or weapon? - Workers World - December 14th, 2024 [December 14th, 2024]
- Justices Will Hear First Amendment Challenge to Denial of Tax Exemption for Catholic Charities - Law.com - December 14th, 2024 [December 14th, 2024]
- The Press and The People Must Not Willingly Surrender First Amendment Rights to Trump - Daily Kos - December 14th, 2024 [December 14th, 2024]
- La. TikTok creator says potential app ban infringes on First Amendment right - KPLC - December 14th, 2024 [December 14th, 2024]
- Opinion | The TikTok Ruling Is a Blow for the First Amendment and Free Speech - The New York Times - December 10th, 2024 [December 10th, 2024]
- TikTok failed to save itself with the First Amendment - The Verge - December 10th, 2024 [December 10th, 2024]
- Newsoms War on Political Speech: ADF Defends Rumble in the First Amendment Case - California Family Council - December 10th, 2024 [December 10th, 2024]
- Opinion | The TikTok Sale and the First Amendment - The Wall Street Journal - December 8th, 2024 [December 8th, 2024]
- Secret court hearing threatens the First Amendment and more - The Hill - December 8th, 2024 [December 8th, 2024]
- President Trump lacks standing: CBS rubbishes lawsuit over Kamala Harris 60 Minutes interview as procedurally baseless and prohibited by the First... - December 8th, 2024 [December 8th, 2024]
- Perspective: Colorado vs. the First Amendment - Colorado Springs Gazette - December 8th, 2024 [December 8th, 2024]
- Annenberg Classroom Film on First Amendment Wins Anthem Award - The Annenberg Public Policy Center of the University of Pennsylvania - December 8th, 2024 [December 8th, 2024]
- Trumps calls to investigate pollster put First Amendment at risk - Foundation for Individual Rights and Expression - December 8th, 2024 [December 8th, 2024]
- First Amendment Likely Protects Referring Patients for Out-of-State Abortions - Reason - December 8th, 2024 [December 8th, 2024]
- Trumps FBI director pick Kash Patel: A clear and present danger to freedom of the press First Amendment News 449 - Foundation for Individual Rights... - December 8th, 2024 [December 8th, 2024]
- Federal judge tosses First Amendment retaliation claim in Gibbs lawsuit - News From The States - December 8th, 2024 [December 8th, 2024]
- Litigation: First Amendment rights violated by Cabarrus County - The Courier=Times - November 26th, 2024 [November 26th, 2024]
- Lee C. Bollinger on the First Amendment, Free Speech, Affirmative Action, and More - Columbia University - November 26th, 2024 [November 26th, 2024]
- 'Free Speech Was Given to Us by God': Why the First Amendment Is in Danger Like Never Before - CBN.com - November 26th, 2024 [November 26th, 2024]
- The Impact of The First Amendment: Essays on the Imperative of Intellectual Freedom - New Ideal - November 26th, 2024 [November 26th, 2024]
- Journal of Free Speech Law: "The Press Clause: The Forgotten First Amendment," - Reason - November 26th, 2024 [November 26th, 2024]
- Kansas nurse Elaine Gebhardt claims First Amendment protection in state board probe of her social media posts - The Sentinel - November 26th, 2024 [November 26th, 2024]
- Thomas pushed to overrule Kagans order in COVID-related First Amendment case where RFK Jr. serves as co-counsel - Law & Crime - November 26th, 2024 [November 26th, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - TribLIVE - November 26th, 2024 [November 26th, 2024]
- Trump Resumes His Endless War Against the First Amendment - The New Republic - November 26th, 2024 [November 26th, 2024]
- Anti-porn lawyers ready to profit from a Kansas age-gating law that may violate the First Amendment - Kansas City Pitch - November 26th, 2024 [November 26th, 2024]
- Its the First Amendment, stupid. Judge tells Florida to stop threatening TV stations - The Daily News Online - October 21st, 2024 [October 21st, 2024]
- Californias deepfake ban cant fool the deep protections of the First Amendment - The Hill - October 14th, 2024 [October 14th, 2024]
- Florida health department defies First Amendment, threatens to prosecute TV stations for airing abortion rights ad - Foundation for Individual Rights... - October 14th, 2024 [October 14th, 2024]
- Hands Off The ConstitutionNever Mess With The First Amendment - Forbes - October 14th, 2024 [October 14th, 2024]
- TikTok v. Garland Oral Argument: Did TikTok Admit It Doesnt Have First Amendment Rights? - The Federalist Society - October 14th, 2024 [October 14th, 2024]
- Balancing First Amendment Rights and Youth Protection | Age and Access in the Social Media Era - R Street - October 14th, 2024 [October 14th, 2024]
- Are we not all Americans living by our first amendment? - TAPinto.net - October 14th, 2024 [October 14th, 2024]
- 476. Words, Actions, and Liberty: Tara Smith Decodes the First Amendment - Skeptic Magazine - October 14th, 2024 [October 14th, 2024]
- Council approves a nine-day clean zone for the Super Bowl. A First Amendment lawyer says its excessive. - WWNO - October 14th, 2024 [October 14th, 2024]
- Newsoms anti-satire law tries to kill the joke and the First Amendment - The San Diego Union-Tribune - October 14th, 2024 [October 14th, 2024]
- A Sign Of The Times: Bourne Bylaw Change Off STM Warrant Amid First Amendment Concerns - CapeNews.net - October 14th, 2024 [October 14th, 2024]
- Banned Books Week? Try First Amendment Week instead - Thomas B. Fordham Institute - October 7th, 2024 [October 7th, 2024]
- Stephens City mayor addresses heated exchange with First Amendment auditor - Northern Virginia Daily - October 7th, 2024 [October 7th, 2024]
- What the US Supreme Courts next term holds for the First Amendment - Reporters Committee for Freedom of the Press - October 7th, 2024 [October 7th, 2024]
- John Kerry Says First Amendment Is Major Block to Stopping Disinformation, Hopes to Implement Change to That - CBN.com - October 7th, 2024 [October 7th, 2024]
- Can AI regulation survive the First Amendment? - Platformer - October 7th, 2024 [October 7th, 2024]