Unconstitutional Book Bans: The Legal Perspective of a First Amendment Expert
In a growing controversy, book banning in U.S. public schools has sparked a debate over freedom of speech and censorship.
Associate Professor of Law Erica Goldberg, J.D., from the University of Dayton, explains the complexities surrounding book censorship in schools. The First Amendment, which safeguards against the government abridging the freedom of speech, serves as the foundation for this discussion.
Book bans, often labeled as censorship, are becoming more prevalent as the nation faces increasing political polarization. On the right side of the political spectrum, conservative groups target books for removal from school curricula due to their content, such as 'All Boys Aren't Blue' and Toni Morrison's 'The Bluest Eye.' Some politicians have gone as far as to propose criminal charges against librarians for maintaining these books.
Complicating the issue is the labeling of books based on race or themes of inequality as inappropriate. In 2021, the American Library Association reported that the majority of targeted books were by or about Black or LGBTQ+ persons. On the other side, some on the political left have also attempted book bans and removal from school curricula, such as the iconic 'To Kill a Mockingbird.'
The term "censorship" is often misunderstood. The First Amendment only protects individuals against censorship by the government, not private institutions or individuals. The key question is whether government actions that some may deem censorship are constitutionally valid.
The line between constitutional and unconstitutional censorship is not always clear, especially when it comes to schools. Government actions must not violate the Constitution, such as creating laws that restrict individuals' ability to have specific books on their bookshelves. Moreover, the government may enforce reasonable regulations that restrict the time, place, or manner of speech, but these regulations must be content- and viewpoint-neutral.
Book burning, actions of private universities punishing faculty for expressing unpopular ideas, and other private actions can constitute unconstitutional censorship. These actions infringe on an individual's freedom of speech, impacting the production and dissemination of ideas and knowledge.
Public schools have some discretion over curriculum and library books. However, public schools may not censor students' speech, either on or off campus, unless it causes significant disruptions. School boards and state legislators generally have the final say over what curriculum schools teach. Unless state policies violate other provisions of the Constitution, such as protection against certain kinds of discrimination, they are generally constitutionally permissible.
Book banning is not a new issue in the U.S., with vigorous public criticism of such moves. Despite the government's power over school curriculum, the First Amendment ensures the right to free speech for those who wish to protest educational decisions.
The enrichment data suggests that book banning in public schools is primarily unconstitutional if it is done for viewpoint-based reasons. The Supreme Court case of Island Trees Union Free School District v. Pico (1982) serves as a guiding example, forbidding public school officials from removing books merely because they disagree with the ideas contained in them.
In conclusion, book banning in public schools can be a complex issue involving freedom of speech and censorship. The Supreme Court's ruling in Island Trees Union Free School District v. Pico provides a valuable foundation for understanding when book bans are potentially unconstitutional. Ultimately, the debate over book banning underscores the need for ongoing discussions about the role and limitations of government intervention in education and the protection of free speech.
Educating oneself about policy and legislation regarding education-and-self-development is crucial in understanding the complexities surrounding book censorship in schools, as politics play a significant role in book bans. Controversies such as book banning have sparked a general-news debate over the line between constitutional and unconstitutional censorship, with the Supreme Court case Island Trees Union Free School District v. Pico serving as a guiding example.
