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book bans
Judge Strikes Down Unconstitutional Parts of Arkansas Law Targeting Librarians
"The court has safeguarded the right of every Arkansan to access ideas and information without fear of censorship or prosecution," said the ACLU of Arkansas legal director.
Dec 24, 2024
In a blow to right-wing efforts to ban books and criminalize librarians, a federal judge on Monday struck down key provisions of an Arkansas law as unconstitutional—though the fight is far from over, with the Republican state attorney general planning to appeal.
Republican Gov. Sarah Huckabee Sanders signed Act 372 in March 2023. A few months later, U.S. District Judge Timothy Brooks temporarily blocked implementation of Sections 1 and 5 of the law—and on Monday, he ruled against them in a 37-page order.
Section 1 threatened Arkansas librarians and booksellers with up to a year in jail for providing minors with access to "harmful" materials. Brooks wrote that "if the General Assembly's purpose in passing Section 1 was to protect younger minors from accessing inappropriate sexual content in libraries and bookstores, the law will only achieve that end at the expense of everyone else's First Amendment rights."
"The law deputizes librarians and booksellers as the agents of censorship; when motivated by the fear of jail time, it is likely they will shelve only books fit for young children and segregate or discard the rest. For these reasons, Section 1 is unconstitutionally overbroad," added the judge, who also found the provision "unconstitutionally vague."
Section 5 created a process for challenging books in public libraries that critics called burdensome. Brooks found the provision unconstitutional because it is problematically vague and "unnecessarily imposes content-based restrictions on protected speech."
The state's Republican leaders plan to keep pushing for the law. Arkansas Attorney General Tim Griffin said in a statement to The Associated Press that "I respect the court's ruling and will appeal," and Huckabee Sanders vowed to work with him on that effort.
"This victory over totalitarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation."
Meanwhile, the broad coalition that took on Act 372—including booksellers, librarians, patrons, and professional associations—celebrated their latest legal victory, which comes as right-wing policymakers in other states work to force through similar policies.
"This was an attempt to 'thought police,' and this victory over totalitarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation," ACLU of Arkansas executive director Holly Dickson said in a statement. "Arkansans deserve a state where intellectual freedom thrives, and this ruling ensures that libraries remain sanctuaries for learning and exchange of ideas and information."
John Williams, the group's legal director, declared that "this ruling reaffirms what we have said all along—Act 372 is a dangerous and unconstitutional attack on free expression."
"Our libraries and bookstores are critical spaces for learning, exploration, and connection," Williams added. "By striking down these provisions, the court has safeguarded the right of every Arkansan to access ideas and information without fear of censorship or prosecution."
Democracy Forward also represented some members of the coalition battling the law, including the Arkansas Library Association.
"Laws like Arkansas' that seek to threaten librarians and booksellers with jail simply for doing their job are dangerous for people, communities, and our democracy," said Democracy Forward president and CEO Skye Perryman in a statement. "Our team is honored to represent librarians in Arkansas to stop this attempt to impede the freedom to read and we will meet further attempts in Arkansas and elsewhere with legal challenge."
Leaders of the American Booksellers Association, Association of American Publishers, Authors Guild, Freedom to Read Foundation, Comic Book Legal Defense Fund, WordsWorth Books, Pearl's Books, and WordsWorth Books said in a joint statement that "together with librarians, authors, publishers, booksellers, and readers everywhere, we applaud the court's carefully crafted decision upholding the constitutional right to access books."
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New Jersey Governor Signs Freedom to Read Act Barring Book Bans
The law, said the Democrat, "cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students."
Dec 09, 2024
Democratic New Jersey Gov. Phil Murphy on Monday signed legislation protecting librarians and prohibiting public schools and libraries from banning books—a move that came as Republican state lawmakers are proscribing a record number of titles, many of them works addressing sexual orientation, gender identity, and racial injustice.
Flanked by educators, librarians, and other advocates, Murphy signed
A.3446/S.2421—known as the Freedom to Read Act—in the Princeton Public Library.
"The Freedom to Read Act cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students," said Murphy. "Across the nation, we have seen attempts to suppress and censor the stories and experiences of others. I'm proud to amplify the voices of our past and present, as there is no better way for our children to prepare for the future than to read freely."
According to a statement from Murphy's office:
Under the law, boards of education and governing boards of public libraries are barred from excluding books because of the origin, background, or views of the material or of its authors. Further, boards of education and governing boards of public libraries are prevented from censoring library material based on a disagreement with a viewpoint, idea, or concept, or solely because an individual finds certain content offensive, unless they are restricting access to developmentally inappropriate material for certain age groups.
The legislation "also provides protections for library staff members against civil and criminal lawsuits related to complying with this law."
New Jersey Association of School Librarians President Karen Grant said that "the Freedom to Read Act recognizes the professionalism, honor, work ethics, and performance of school and public library staff" and "promotes libraries as trusted sources of information and recognizes the many roles that libraries play in students' lives."
"The bill will protect the intellectual freedom of students as well as acknowledge that school libraries are centers for voluntary inquiry, fostering students' growth and development," Grant added. "Additionally, we are grateful for the broad coalition of support from so many organizations for this legislation."
The leader of one of those groups—Garden State Equality executive director Christian Fuscarino—said, "Gov. Murphy just made it clear: In New Jersey, censorship loses, and freedom wins."
"At a time when access to diverse and inclusive materials is under attack across the nation, this legislation sends a powerful message that New Jersey will stand firm in protecting intellectual freedom and fostering a culture of understanding and inclusion," Fuscarino added.
The New Jersey law comes amid a near-tripling in the number of books banned or challenged by Republican state lawmakers and right-wing organizations over the past year, with PEN America counting over 10,000 such titles during the 2023-24 academic year—up from 3,362 titles during the previous scholastic year.
With Murphy's signature, New Jersey joins Minnesota and Illinois in passing state legislation to counter GOP book-banning efforts.
As the Chicago Tribunereported Sunday, "a number of school districts, many of them in deeply conservative areas of south and central Illinois," are giving up state grants rather than adopting principles against book-banning."Keep ReadingShow Less
Christian Nationalism Marches on With 'Bible-Infused' Texas Curriculum
"What we're seeing here in Texas with these lessons is a larger national push to promote the idea that American identity and Christian identity are woven together, are one in the same," said one professor.
Nov 22, 2024
Parents, teachers, and other critics of Christian nationalism were outraged by a Texas board's Friday vote to approve a "Bible-infused" curriculum for elementary school students—part of a broader right-wing push to force Christianity into public education.
"They chose politics over what's best for students, promoting an evangelical Christian religious perspective and undermining the freedom of families to direct the religious education of their own children," declared the Texas Freedom Network, accusing the State Board of Education (SBOE) of ignoring warnings from religious studies experts, national media attention, and overwhelming negative feedback from the people they're elected to serve."
Like a preliminary vote Tuesday, eight of the SBOE's 15 members voted to approve Bluebonnet Learning, instructional materials proposed by the Texas Education Agency. Three Republicans joined all four Democrats in opposing the curriculum. The deciding vote in favor of it was cast by Leslie Recine, a Republican recently appointed by GOP Gov. Greg Abbott to temporarily fill a vacant seat.
"In a state as diverse as Texas, home to millions of people from countless faiths and beliefs, the Texas Republicans on the State Board of Education voted to incorporate Biblical teachings into the state curriculum—completely undermining religious freedom," said Texas Democratic Party Chair Gilberto Hinojosa in a statement after the final vote.
"This move has ultimately violated parents' rights to guide their children's faith while presenting teachers with additional needless challenges," Hinojosa argued. "Our public schools should be focused on equipping students with the education and skills they need to succeed beyond grade school whether it's pursuing a higher education or entering the workforce. The teaching of religious doctrine should stay in our places of worship where it belongs."
Although the curriculum isn't required, The Texas Tribunereported, "the state will offer an incentive of $60 per student to districts that adopt the lessons, which could appeal to some as schools struggle financially after several years without a significant raise in state funding."
"Christian nationalists have bought their way into every governing body of the state, including the SBOE. And they will not stop with inserting Biblical content in English textbooks."
Bluebonnet Learning features lessons from Christianity in reading and language arts materials for kindergarten through fifth grade.
"This curriculum is not age-appropriate or subject matter appropriate in the way that it presents these Bible stories," Amanda Tyler, executive director of the Baptist Joint Committee for Religious Liberty, toldThe Associated Press. Children who would read the material, she said, "are simply too young to tell the difference between what is a faith claim and what is a matter of fact."
Zeph Capo, president of the Texas arm of the American Federation of Teachers, urged districts "to resist the dollars dangled before them and refuse to use Bluebonnet Learning materials," arguing that they violate the code of ethics for the state's educators and "the separation of church and state by infusing lessons with Bible-based references more appropriate for Sunday Schools than public schools."
"Moreover, they are assaults on the academic freedom of our classrooms and the sanctity of the teaching profession," he said in a Friday statement. "We have a duty as teachers to make our teaching and learning materials accessible and inclusive of all students in our classrooms. These prescriptive materials cannot meet all learners in all contexts; in fact, they make no effort to do so."
"Perhaps what's most insulting about today's vote is that these materials are not just inappropriate—they're bad at what they proclaim to do. Instructional experts have expressed deep concerns about the age-appropriateness of the materials and whether they will be effective reading instruction," Capo continued. "In short, this is a push coming from idealogues, rather than anyone with expertise in educational best practices."
Noting the current "moment of profound political division," the union leader added that the vote "is the latest evidence that Christian nationalists have bought their way into every governing body of the state, including the SBOE. And they will not stop with inserting Biblical content in English textbooks. We can anticipate what will come next, whether that's the erasure of contributions of marginalized populations in social studies or the minimalization of climate change in science."
The curriculum push coincides with an SBOE effort to restrict library materials. The ACLU of Texas said on social media that "the same politicians censoring what students can read now want to impose state-sponsored religion onto our public schools."
The Tribunereported Thursday that "10 members on the board responsible for determining what Texas' 5.5 million public schoolchildren learn in the classroom voted to call on the Texas Legislature, which convenes in January, to pass a state law granting them authority to determine what books are appropriate for school-age children."
Earlier this week, Mark Chancey, a religious studies professor at Southern Methodist University, toldFox 4 that he supports teaching religion in public schools, but in a fair and unbiased way, and he doesn't agree with the state proposal.
"I think it would be unfortunate to approve these lessons in their current form," he said. "Public schools should reflect the religious diversity of our state. And when teaching about religion, not privilege one religious tradition over others."
"What we're seeing here in Texas with these lessons is a larger national push to promote the idea that American identity and Christian identity are woven together, are one in the same," Chancey pointed out.
For example, in Oklahoma, Superintendent of Public Instruction Ryan Walters has set out to put Bibles—specifically, a pricey one peddled by U.S. President-elect Donald Trump—in every classroom in the state. In a recent appearance on CNN, Walters said that "President Trump has a clear mandate. He wants prayer back in school. He wants radical leftism out of the classroom, wants our kids to be patriotic, wants parents back in charge with school choice."
Meanwhile, in Louisiana, state lawmakers passed legislation requiring every public school classroom to display, in large font, a Protestant version of the Ten Commandments. Earlier this month, a judge prohibited enforcement of that requirement, which was on track to take effect in January.
At the federal level, Trump—who is set to return to the White House in January—has advocated for dismantling the U.S. Department of Education. For now, he has named Linda McMahon, a former wrestling executive accused of enabling sexual abuse of children, as his pick for education secretary.
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