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Commentary: Are book bans unconstitutional? They are certainly political


aubiefifty

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Commentary: Are book bans unconstitutional? They are certainly political

Minerva Canto
5–6 minutes

Orlando, Florida-April 11, 2023-A student holds a sign that reads "Stop Book Banning" at a rally at the Orange County school Students, teachers, parents, and other citizens attend a Orange County school board meeting in Orlando, Florida on April 11, 2023, to voice their concerns regarding the move by the school boards and the Florida legislature to remove books from school library shelves and limit education on race and LGBTQ issues. (Carolyn Cole / Los Angeles Times)

 

A student holds a sign that reads "Stop Book Banning" at a rally at a Florida school district meeting. School districts in that state and others have passed a slew of laws restricting reading material available in the schools. (Carolyn Cole / Los Angeles Times)

 

In Missouri, the Pulitzer Prize-winning graphic novel “Maus” about the Holocaust faces possible removal from schools for at least the third time over its depiction of a female character in a bathtub.

In South Carolina, an Advanced Placement teacher has been forced to abandon her lesson about systemic racism using “Between the World and Me” by Ta-Nehisi Coates after some students complained about feeling uncomfortable.

And in Southern California, elementary school students in the Temecula Valley Unified School District may be short of textbooks next year after the board of education voted against approving a curriculum that includes mention of slain gay rights leader Harvey Milk.

These incidents happened within the last month as a wave of book banning continues to spread nationwide. People pushing for bans do so under the guise of protecting kids from material inappropriate for their age, but a closer look at the books targeted reveals an ugly pattern. Most were about or written by people who are LGBTQ+ and people of color, especially Black writers. Such commonalities suggest a concerted effort to expunge books by writers from these communities.

It’s heartening that public leaders, civil rights organizations, parents, students and others are increasingly challenging the constitutionality of book restrictions. President Biden announced that he will appoint a federal coordinator to address the surge of book bans.

Gov. Gavin Newsom, Atty. Gen. Rob Bonta and Supt. of Public Instruction Tony Thurmond early this month jointly issued a five-page warning to California's school superintendents reminding them that the U.S. Constitution restricts the removal of books from libraries and curriculum. They also noted that the state education code requires public schools to provide instruction on "the role and contributions of both men and women, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups."

In a tweet earlier this month reacting to the textbook vote at the Temecula school district, Newsom wrote, “In the Golden State, our kids have the freedom to learn.” Californians are fortunate to have state officials actively fighting for the free expression of ideas. The residents of other states aren't as lucky.

Arkansas Gov. Sarah Sanders, for example, believes that librarians should face criminal penalties for distributing material that is harmful to kids. But who decides what is harmful? Not surprisingly, a coalition of groups such as the Arkansas Library Assn. has filed a lawsuit alleging that the book ban law, which goes into effect in August, does not respect intellectual freedom and is unconstitutional. The suit says the law is a direct attack on free speech.

Banning books is not just about removing certain reading material from school and library shelves, but about restricting ideas. Rarely do these conversations about restricting books include their educational or artistic benefits. It seems easier to remove books based on key words or one picture rather than debate their merits.

This is what’s happening with the graphic nonfiction novel “Maus” by Art Spiegelman. The book has been widely lauded for its deft and powerful depiction of the horrors of the Holocaust. However, one picture of a woman in a bathtub showing an angled view of her breasts may violate a newly passed state law that threatens teachers with up to a year in jail if convicted of providing “explicit sexual material to a student.”

Not surprisingly, the law has had a chilling effect on school districts in Missouri, which have pulled more than 300 book titles from library shelves since the law was passed last year.

Book bans have been increasing since 2021, when the “parental rights” movement sprang up. These parents claim they want a bigger say in school matters, but what they really seem to want is to have their conservative viewpoint be the only one represented in the schools.

More than 2,500 books were the targets of bans in the U.S. last year, nearly double the previous year, the most in a single year since such data began to be collected more than 20 years ago, according to the American Library Assn.

Branches of the American Civil Liberties Union have increasingly been filing lawsuits challenging these book removals in various states. Eventually, courts will have to decide whether bans violate laws protecting freedom of speech, equal protection or other anti-censorship laws.

I hope they do so soon. As a parent, I know that books should be viewed as tools of enlightenment, not tools of oppression.

This story originally appeared in Los Angeles Times.

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Insanity.

Depriving kids of the opportunity to learn real history is not doing them any favors, regardless of how "uncomfortable" it makes them feel.  We are doing a disservice to them.

 

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52 minutes ago, homersapien said:

Insanity.

Depriving kids of the opportunity to learn real history is not doing them any favors, regardless of how "uncomfortable" it makes them feel.  We are doing a disservice to them.

 

Complain about poor education, proceeds to ban thought provoking books :-\

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There is no ban in America that can prevent a parent from purchasing (either hardcopy or electronic) a book and giving it to thier kid. That would be the ultimate of control and freedom to ensure your child is getting what a parent thinks their child needs. 

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It’s a mighty big planet. Hard to eradicate every book, movie, and corporate entity that offends you. Parents should consider banning their kid from phones, iPads, and laptops if they truly want to shield their kids from the world. Banning a library book is pretty futile if the kid is in their room using Google on their iPhone. 

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2 hours ago, arein0 said:

Complain about poor education, proceeds to ban thought provoking books :-\

Here's a thought provoking question...

Considering existing technology, are brick-and-mortar libraries even needed anymore?

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12 minutes ago, creed said:

Here's a thought provoking question...

Considering existing technology, are brick-and-mortar libraries even needed anymore?

Not everyone has access to reliable technology or the funds to afford their child's reading habits whether virtual or from a bookstore. So yes.

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2 hours ago, arein0 said:

Not everyone has access to reliable technology or the funds to afford their child's reading habits whether virtual or from a bookstore. So yes.

Broadband is coming to every community and a number of free books sites are available.

https://www2.ed.gov/parents/academic/help/reader/partx.html

https://kidsread2kids.com/?gclid=Cj0KCQjw1rqkBhCTARIsAAHz7K2xxKXavyV2kmHANQbvuFWwvj8AHa-6Y4_9kgBQvQxwkJndNr6LKxoaAuEDEALw_wcB

https://freekidsbooks.org/

 

Edited by creed
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3 hours ago, creed said:

That's great. Can't wait. I still think you need libraries though as it provides a different avenue to access information. Some families might not want to hand their child a phone/tablet/laptop.

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10 hours ago, arein0 said:

That's great. Can't wait. I still think you need libraries though as it provides a different avenue to access information. Some families might not want to hand their child a phone/tablet/laptop.

I can see your point. But I’m looking at it from an efficiency, flexibility, environmental, scalable, and Green standpoint. IMO, brick-and-mortar libraries are slowly becoming a waste of space from a conservation standpoint. 

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15 hours ago, creed said:

Here's a thought provoking question...

Considering existing technology, are brick-and-mortar libraries even needed anymore?

libraries are more than just loaning books. they do many services for the community so i say yes. you should go visit one sometime.

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1 minute ago, aubiefifty said:

libraries are more than just loaning books. they do many services for the community so i say yes. you should go visit one sometime.

Explain please. 

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4 minutes ago, creed said:

Explain please. 

they have classes for senior citizens. they have stuff all summer long for kids. hell they help you do taxes during tax season. they educate. i support the hell out of them. plus when i was a squirt it was a special treat to go to the library. it was like magic and i think if anyone child or adult can find that magic it is ok with me.

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1 hour ago, creed said:

I can see your point. But I’m looking at it from an efficiency, flexibility, environmental, scalable, and Green standpoint. IMO, brick-and-mortar libraries are slowly becoming a waste of space from a conservation standpoint. 

You don’t have to like it but from a progressive standpoint it’s being discussed. Big Tech is ready to step in and cover. 

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4 minutes ago, creed said:

You don’t have to like it but from a progressive standpoint it’s being discussed. Big Tech is ready to step in and cover. 

too early in my opinion. libraries help thos that cannot afford phones or puters. in fact they have computers available for folks. they have free movies. they just had a huge civil rights thing in anniston with one of the orinal bus riders that got beat to within inch of their life. libraries have their uses and i hate to see you want that taken away. grinch

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1 hour ago, aubiefifty said:

too early in my opinion. libraries help thos that cannot afford phones or puters. in fact they have computers available for folks. they have free movies. they just had a huge civil rights thing in anniston with one of the orinal bus riders that got beat to within inch of their life. libraries have their uses and i hate to see you want that taken away. grinch

It’s not that I want them taken away. 

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18 hours ago, creed said:

Here's a thought provoking question...

Considering existing technology, are brick-and-mortar libraries even needed anymore?

I think we do kids a disservice by forcing them to look at an electronic screen all day every day.

People wonder why kids can't sit still.  Part of the reason is that they have never been taught to do so.  Most never sit in a church service, never go to a library and the only place they have that structure is in a classroom in 45 minute segments.

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38 minutes ago, creed said:

It’s not that I want them taken away. 

ok i feel better. we should always hesitate and be real careful when it comes to education. we have enough dumb folks as it is.

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