By The Book: The Battle Between the Literature and the Law of the Land
By: Sophia Benavente-Sayani
Every day, as librarians clock into work, they anticipate greeting their patrons, saving their brightest smiles for the youngest book enthusiasts. When children can’t figure out the Dewey Decimal system, librarians work their magic, plucking the desired books from the shelves. But what unfolds when a book becomes contraband? With the 2024 presidential election on the horizon, a major focal point, particularly among Republican presidential candidates, revolves around the censorship of educational materials, from classics that have bridged generations to what can be taught in Advanced Placement courses. Teachers, parents, and librarians have come under fire for their good intentions to provide children with enriching content that contributes to well-rounded educational and emotional development. Pieces authored by LGBTQIA+ authors and writers of color have borne the brunt of these attacks, underlining the discriminatory underpinnings of these bannings.
As of the 2022-2023 school year, a concerning trend has emerged, with book bans taking hold in 153 districts across 33 states (according to a report by PEN America), and more to come. Texas and Florida are among the states with the most bans, with neighboring Virginia currently facing 356 titled challenges. Conservative groups like Moms For Liberty, Citizens Defending Freedom, and Parents’ Rights in Education, have spearheaded these campaigns, many erupting over the pandemic when parents became more involved in their children’s online education. Adding fuel to the fire is Republican politicians’–like Ron DeSantis’–claims that certain queer books are promoting explicit material, or that African-American studies cause emotions of guilt in young white students. As these false alarms continue to sound, those in the legal and educational fields must examine the legality of stripping away students from access to parts of their nation’s history. It’s worth noting that liberals too, have deemed some material unfit for young readers. What have often been considered “classic” works, also often contain outdated, racist stereotypes. There have been calls for these to be pulled from the shelves, pointing out the nuances that potential future legislation must address.
The First Amendment to the Constitution ensures freedom of speech and expression. However, despite its protections, literary censorship finds its way through loopholes, mostly because these bans operate on the local level, giving educational authorities control over which books are suitable for young minds. In 1982, the Supreme Court case Island Trees School District v. Pico challenged whether libraries could remove books from schools. Ultimately, the court decided that a piece should be pulled if it was “pervasively vulgar,” yet they could not remove the book based on personal dislike. Unfortunately, this allows books such as Toni Morrison’s Pulitzer Prize winning works Beloved or The Color Purple, to be banned based on certain criteria and eventually pulled from shelves based on “community standards.” The unclear precedent allowed for the matter to be contested again and again such as in American Civil Liberties Union of Florida, Inc. v. Miami-Dade County School Board in 2009, in which if a book was “factually inaccurate and thus educationally unsuitable,” it may be pulled from the shelf. Indeed, a correct process exists for a book to be challenged and then banned if proven unfit. A report by PEN America found that 98% of bans did not follow appropriate guidelines.
In June of this year, President Joe Biden vowed to appoint a “book ban coordinator,” among other protections for LGBTQIA+ youth. The position has yet to be filled. However, the current president has made the restrictions a critical component of his re-election campaign. Organizations such as the American Library Association, Freedom to Read Foundation, and even the American Civil Liberties Union all stand starkly against the book bans. The organization EveryLibrary continuously updates its website with filed bills regarding criminalizing librarianship.
It is integral for the nation to exercise the rights granted to us by the Constitution, and call out book bans for what they are: a denial of intellectual freedom that ultimately leads to the kind of misinformation that perpetuates hate. Legal action at both the state and federal levels to clearly define what does and does not constitute a removal of literature from the shelves is still underway. Pen American Center v. Escambia County School District, Fayetteville Public Library v Crawford County et al., Book People Inc et al. v. Wong. are currently three pending lawsuits that may lead to further legislative action. Students attending GW who refuse to let ideas go to jail can take action by contacting their representatives from their home state and reaching out to them here in the District, asking them to protect the right to read.
Works Cited
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O’Kane, C. (2021, November 18). “Beloved” isn’t the only book parents have challenged. From critical race theory to obscenity, here’s how and why books get targeted. CBS News. https://www.cbsnews.com/news/banned-books-beloved-controversy-critical-race-theory/
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https://news.yale.edu/2015/04/15/book-law-land