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Category: Bill of Rights in the NewsView More Lessons from this Category
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Black History Month Reading Lists
Synopsis: Mildred Taylor's The Well has recently been removed from a Black History Month reading list at a public elementary school in Absecon, New Jersey because of a racial slur. While this action is not unique, it spotlights the issue of banning or censoring books in public schools. Does the First Amendment protect students’ rights to receive information within public school settings? Does removing a book from a reading list or a school library violate the First Amendment?
Untitled Document

Resources

"N.J. school board pulls book with racial slur from reading list" First Amendment Center.org. 1/29/06.
http://www.firstamendmentcenter.org/news.aspx?id=16381

University of Pennsylvania's Banned Books Online
http://digital.library.upenn.edu/books/banned-books.html

Board of Education v. Pico (1982)
http://www.oyez.org/oyez/resource/case/1060/print

Questions

1. Why did the school board in Absecon, New Jersey decide to place the book The Well on its required reading list for Black History Month?

Mildred Taylor is a Newberry Prize-winning author whose books deal with issues of race that directly relate to Black History Month celebrations.

2. Why did Lisa Rex want to have the book removed from her fourth grader's Black History Month reading list?

Because the author used a racial slur that Ms. Rex believed was inappropriate for fourth graders.

3. In 1982, what action did the Island Trees Union Free School District's Board of Education take that prompted a lawsuit from Steven Pico? Why did the Board of Education take this action?

The Board of Education ordered certain books to be removed from the school libraries of junior high and high schools. They claimed that the books being removed were "anti-American, anti-Christian, anti-Semitic, and just plain filthy."

4. Are students' constitutional rights violated when a book is removed from a school reading list? What if it is removed from a school library? Explain your answer.

The Supreme Court stated in Board of Education v. Pico that the removal of books from a public school library based on the points of view they promote is an unconstitutional infringement of First Amendment rights. However, there have not been any conclusive court decisions on books being removed from a school reading list. Students may still find the book in the school library if they choose.

5. Supreme Court Justice Warren Burger wrote the dissent in Board of Education v. Pico (1982). In his dissent he said, "If the school can set curriculum, select teachers, and determine what books to purchase for the school library, it surely can decide which books to discontinue or remove from the school library." Do you agree or disagree with this statement? Explain your answer.

Agree:
The school is making a decision with sound educational reasons for selection or exclusion. It is the school’s job to select readings that are appropriately challenging, based on the age of students in the school. A school therefore has the power to limit library selections to those books it deems appropriate for students’ maturity. To allow one parent or student to decide what is best for everyone could infringe on the rights of others.

Disagree:
The library should be a forum where students can browse and discover new ideas. Content-based restrictions that prohibit readings based on subjective concepts like offensive language or controversial viewpoints unconstitutionally limit students’ rights to receive information.

6. Should certain books ever be banned from school libraries? If so, why? And by whom?

Answers will vary.

Extensions

  1. Have students visit the American Library Association's list of the Most Frequently Banned Books of 2004. Have them locate books from the list in their school library. If a book from the list is not in the library, have them ask the school librarian why the book is not in the library.
  2. Have a class discussion about "tyranny of the majority" and "tyranny of the minority" as it relates to this situation.
  3. Have students research the following cases on banned books and write a one-page summary of the facts of the case along with an analysis of the decision. Students can begin their research on the American Library Association website www.ala.org.
Last Edited On 2/3/2006 12:49:00 PM