First Ammendment

The Right to Read Freely

Evans v. Selma Union High School District of Fresno County, 222 P. 801 (Ca. 1924)

The California State Supreme Court held that the King James version of the Bible was not a "publication of a sectarian, partisan, or denominational character" that a State statute required a public high school library to exclude from its collections. The "fact that the King James version is commonly used by Protestant Churches and not by Catholics" does not "make its character sectarian," the court stated. "The mere act of purchasing a book to be added to the school library does not carry with it any implication of the adoption of the theory or dogma contained therein, or any approval of the book itself, except as a work of literature fit to be included in a reference library."

Rosenberg v. Board of Education of City of New York, 92 N.Y.S.2d 344 (Sup. Ct. Kings County 1949)

After considering the charge that Oliver Twist and the Merchant of Venice are "objectionable because they tend to engender hatred of the Jew as a person and as a race," the Supreme Court, Kings County, New York, decided that these two works cannot be banned from the New York City schools, libraries, or classrooms, declaring that the Board of Education "acted in good faith without malice or prejudice and in the best interests of the school system entrusted to their care and control, and, therefore, that no substantial reason exists which compels the suppression of the two books under consideration."

Todd v. Rochester Community Schools, 200 N.W.2d 90 (Mich. Ct. App. 1972)

In deciding that Slaughterhouse-Five could not be banned from the libraries and classrooms of the Michigan schools, the Court of Appeals of Michigan declared: "Vonnegut's literary dwellings on war, religion, death, Christ, God, government, politics, and any other subject should be as welcome in the public schools of this state as those of Machiavelli, Chaucer, Shakespeare, Melville, Lenin, Joseph McCarthy, or Walt Disney. The students of Michigan are free to make of Slaughterhouse-Five what they will."

Minarcini v. Strongsville (Ohio) City School District, 541 F.2d 577 (6th Cir. 1976)

The Strongsville City Board of Education rejected faculty recommendations to purchase Joseph Heller's Catch-22 and Kurt Vonnegut's God Bless You, Mr. Rosewater and ordered the removal of Catch-22 and Vonnegut's Cat's Cradle from the library. The U.S. Court of Appeals for the Sixth Circuit ruled against the School Board, upholding the students' First Amendment right to receive information and the librarian's right to disseminate it. "The removal of books from a school library is a much more serious burden upon the freedom of classroom discussion than the action found unconstitutional in Tinker v. Des Moines School District."

Right to Read Defense Committee v. School Committee of the City of Chelsea, 454 F. Supp. 703 (D. Mass. 1978)

The Chelsea, Mass. School Committee decided to bar from the high school library a poetry anthology, Male and Female under 18, because of the inclusion of an "offensive" and "damaging" poem, "The City to a Young Girl," written by a fifteen-year-old girl. Challenged in U.S. District Court, Joseph L. Tauro ruled: "The library is 'a mighty resource in the marketplace of ideas.' There a student can literally explore the unknown, and discover areas of interest and thought not covered by the prescribed curriculum. The student who discovers the magic of the library is on the way to a life-long experience of self-education and enrichment. That student learns that a library is a place to test or expand upon ideas presented to him, in or out of the classroom. The most effective antidote to the poison of mindless orthodoxy is ready access to a broad sweep of ideas and philosophies. There is no danger from such exposure. The danger is mind control. The committee's ban of the anthology Male and Female is enjoined."

Salvail v. Nashua Board of Education, 469 F. Supp. 1269 (D. N.H. 1979)

MS magazine was removed from a New Hampshire high school library by order of the Nashua School Board. The U.S. District Court decided for the student, teacher, and adult residents who had brought action against the school board, the court concluding: "The court finds and rules that the defendants herein have failed to demonstrate a substantial and legitimate government interest sufficient to warrant the removal of MS magazine from the Nashua High School library. Their action contravenes the plaintiffs' First Amendment rights, and as such it is plainly wrong."

Loewen v. Turnipseed, 488 F. Supp. 1138 (N.D. Miss. 1980)

When the Mississippi Textbook Purchasing Board refused to approve Mississippi: Conflict and Change for use in Mississippi public schools, on the grounds that it was too concerned with racial matters and too controversial, the authors filed suit. U.S. District Judge Orma R. Smith ruled that the criteria used were not justifiable grounds for rejecting the book. He held that the controversial racial matter was a factor leading to its rejection, and thus the authors had been denied their constitutionally guaranteed rights of freedom of speech and the press.

Kreimer v. Bureau of Police for Morristown, 958 F.2d 1242 (3d Cir. 1992)

In detailed analysis, the court of appeals held that a municipal public library was a limited public forum, meaning open to the public for the specified purposes of exercising their First Amendment rights to read and receive information from library materials. Such exercise could not interfere with or disrupt the library's reasonable rules of operation. The court then upheld three library rules which: 1) required patrons to read, study, or otherwise use library materials while there; 2) prohibited noisy or boisterous activities which might disturb other patrons; and 3) permitted the removal of any patron whose offensive bodily hygiene was a nuisance to other patrons.

Case v. Unified School District No. 233, 908 F. Supp. 864 (D. Kan. 1995)

When the Olathe, Kansas, School Board voted to remove the book Annie on My Mind, a novel depicting a lesbian relationship between two teenagers, from the district's junior and senior high school libraries, the federal district court in Kansas found they violated the students' rights under the First Amendment to the United States Constitution and the corresponding provisions of the Kansas State Constitution. Despite the fact that the school board testified that they had removed the book because of "educational unsuitability," which is within their rights under the Pico decision, it became obvious from their testimony that the book was removed because they disapproved of the book's ideology. In addition, it was found that the school board had violated their own materials selection and reconsideration policies, which weighed heavily in the judge's decision.

Campbell v. St. Tammany Parish School Board, 64 F.3d 184 (5th Cir. 1995)

Public school district removed the book Voodoo and Hoodoo, a discussion of the origins, history, and practices of the voodoo and hoodoo religions that included an outline of some specific practices, from all district library shelves. Parents of several students sued and the district court granted summary judgment in their favor. The court of appeals reversed, finding that there was not enough evidence at that stage to determine that board members had an unconstitutional motivation, such as denying students access to ideas with which board members disagreed; the court remanded the case for a full trial at which all board members could be questioned about their reasons for removing the book. The court observed that "in light of the special role of the school library as a place where students may freely and voluntarily explore diverse topics, the school board's non-curricular decision to remove a book well after it had been placed in the public school libraries evokes the question whether that action might not be an attempt to 'strangle the free mind at its source.'" The court focused on some evidence that school board members had removed the book without having read it or having read only excerpts provided by the Christian Coalition. The parties settled the case before trial by returning the book to the libraries on specially designated reserve shelves.

Sund v. City of Wichita Falls, Texas, 121 F. Supp. 2d 530 (N.D. Texas, 2000)

City residents who were members of a church sought removal of two books, Heather Has Two Mommies and Daddy's Roommate, because they disapproved of the books' depiction of homosexuality. The City of Wichita Falls City Council voted to restrict access to the books if 300 persons signed a petition asking for the restriction. A separate group of citizens filed suit after the books were removed from the children's section and placed on a locked shelf in the adult area of the library. Following a trial on the merits, the District Court permanently enjoined the city from enforcing the resolution permitting the removal of the two books. It held that the City's resolution constituted impermissible content-based and viewpoint based discrimination; was not narrowly tailored to serve a compelling state interest; provided no standards or review process; and improperly delegated governmental authority over the selection and removal of the library's books to any 300 private citizens who wish to remove a book from the children's area of the Library.

Counts v. Cedarville School District, 295 F.Supp.2d 996 (W.D. Ark. 2003)

The school board of the Cedarville, Arkansas school district voted to restrict students' access to the Harry Potter books, on the grounds that the books promoted disobediance and disrespect for authority and dealt with witchcraft and the occult. As a result of the vote, students in the Cedarville school district were required to obtain a signed permission slip from their parents or guardians before they would be allowed to borrow any of the Harry Potter books from school libraries. The District Court overturned the Board's decision and ordered the books returned to unrestricted circulation, on the grounds that the restrictions violated students' First Amendment right to read and receive information. In so doing, the Court noted that while the Board necessarily performed highly discretionary functions related to the operation of the schools, it was still bound by the Bill of Rights and could not abridge students' First Amendment right to read a book on the basis of an undifferentiated fear of disturbance or because the Board disagreed with the ideas contained in the book.

See also: Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853, 102 S.Ct. 2799, 73 L.Ed.2d 435 (1982)

Smith v. Board of School Commissioners of Mobile (Ala.) County, 827 F.2d 684 (11th Cir. 1987)

Mozert v. Hawkins County Board of Education, 827 F.2d 1058 (6th Cir. 1987)

Virgil v. School Board of Columbia County, 862 F.2d 1517 (11th Cir. 1989)

American Library Association v. U.S. Department of Justice and Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d. 874 (1997)

Mainstream Loudoun, et al. v. Board of Trustees of the Loudoun County Library, 24 F.Supp.2d 552 (E.D. of Va. 1998)