Do Students Have a Right to Read?
Introduction
Students have the right to learn. Teachers have the right to teach. Parents have the right to know what their children are learning and the freedom to protest if they consider it unsuitable or detrimental. Americans have the right to control their local schools by appointing or electing school board members who assume legal responsibility for budgetary and curriculum matters.
It's almost inevitable that the interests of all these groups will often collide. One result can be challenges to books on public school library shelves.
The First Amendment protects your access to books in the school library. Today, you will examine a Supreme Court decision and your own school district's policy about the removal of controversial books from school libraries.
Key concepts
Principles
In what ways has the First Amendment served U.S. citizens?
Case Study
Board of Education, Island Trees Union Free School District v. Pico (1982)
In 1982 the Supreme Court examined the issue of book censorship in school libraries in the case of Board of Education, Island Trees Union Free School District v. Pico (1982).
In a 5-4 decision in the case Board of Education, Island Trees Union Free School District v. Pico (1982), the court held that "as centers for voluntary inquiry and the dissemination of information and ideas, school libraries enjoy a special affinity with the rights of free speech and press. Therefore, the Board could not restrict the availability of books in its libraries simply because its members disagreed with their idea content."
As a result of the Board of Education, Island Trees Union Free School District v. Pico Supreme Court case, public school districts around the country developed policies concerning book challenges in elementary, middle and high school libraries. Students have a First Amendment right to receive the ideas discussed in books, but this right is interpreted in light of the special characteristics of the school environment. The court held that school officials may not remove books from a school library simply because they do not like the messages conveyed. School officials may remove books from the school library based on educational suitability as long as the motivation is for reasons other than content, such as preventing student exposure to obscene or vulgar messages.
http://www.firstamendmentschools.org/resources/lesson.aspx?id=13963
Introduction
Students have the right to learn. Teachers have the right to teach. Parents have the right to know what their children are learning and the freedom to protest if they consider it unsuitable or detrimental. Americans have the right to control their local schools by appointing or electing school board members who assume legal responsibility for budgetary and curriculum matters.
It's almost inevitable that the interests of all these groups will often collide. One result can be challenges to books on public school library shelves.
The First Amendment protects your access to books in the school library. Today, you will examine a Supreme Court decision and your own school district's policy about the removal of controversial books from school libraries.
Key concepts
- The First Amendment has a role in affording the public access to discussion, debate and dissemination of information and ideas.
- The First Amendment right to distribute literature also protects the right to receive it.
- The First Amendment guarantees of freedom of speech and freedom of the press extend to public school libraries.
- School boards cannot restrict the availability of books in public school libraries simply because school-board members disagree with certain ideas or content.
- School officials may remove books from the public school library based on educational suitability, but they may not "prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion."
Principles
- The First Amendment affirms the freedom of the individual.
- The First Amendment tells the government to keep its "hands off" our religion, our ideas, our ability to express ourselves.
- Other people have rights, too.
In what ways has the First Amendment served U.S. citizens?
- When people are able to choose freely among many different competing ideas, they make better choices.
- Exposure to competing ideas provides us with variety, enriching our society.
- Individuals whose strongly held, unpopular opinions are given an outlet may be less apt to resort to violence than if their ideas are suppressed.
- Because many decisions in our society are made by the majority, protection of minority rights ensures that the ideas of smaller, less popular groups are not suppressed by the majority. In time, the majority may come to agree with these minority groups.
- Citizens' ability to criticize the government helps prevent the government from misusing its power.
Case Study
Board of Education, Island Trees Union Free School District v. Pico (1982)
In 1982 the Supreme Court examined the issue of book censorship in school libraries in the case of Board of Education, Island Trees Union Free School District v. Pico (1982).
In a 5-4 decision in the case Board of Education, Island Trees Union Free School District v. Pico (1982), the court held that "as centers for voluntary inquiry and the dissemination of information and ideas, school libraries enjoy a special affinity with the rights of free speech and press. Therefore, the Board could not restrict the availability of books in its libraries simply because its members disagreed with their idea content."
As a result of the Board of Education, Island Trees Union Free School District v. Pico Supreme Court case, public school districts around the country developed policies concerning book challenges in elementary, middle and high school libraries. Students have a First Amendment right to receive the ideas discussed in books, but this right is interpreted in light of the special characteristics of the school environment. The court held that school officials may not remove books from a school library simply because they do not like the messages conveyed. School officials may remove books from the school library based on educational suitability as long as the motivation is for reasons other than content, such as preventing student exposure to obscene or vulgar messages.
http://www.firstamendmentschools.org/resources/lesson.aspx?id=13963
WJCC Policy KLB
Code: KLB
Section K: School-Community Relations
Subject: Public Complaints about the Curriculum or Instructional Materials
If there are objections concerning learning resources, the procedure for filing a complaint will be as follows
Adopted:
July 18, 2006
Revised:
September 21, 2021
Legal References:
Code of Virginia, 1950, as amended, section 22.1-253.13:7(D)(2)
8 VACS 20-170-10
Section K: School-Community Relations
Subject: Public Complaints about the Curriculum or Instructional Materials
If there are objections concerning learning resources, the procedure for filing a complaint will be as follows
- The complaint should be filed in writing with the principal on the "Request for Reconsideration of Learning Resources" form KLB-E. This form may be obtained from the principal or the central office.
- A review committee consisting of the principal, the library media specialist, the classroom teacher (if involved), a parent and/or student, and the complainant will convene.
- read, view or listen to the challenged material;
- read several reviews, if available;
- check standard selection aids;
- talk with persons who may be knowledgeable about the material In question and similar material;
- discuss the material;
- make a decision to recommend retaining or withdrawing the material;
- file the recommendation of the committee with the principal and the superintendent or his/her designee;
- notify the complainant of its recommendation and the disposition of the challenged material.
Adopted:
July 18, 2006
Revised:
September 21, 2021
Legal References:
Code of Virginia, 1950, as amended, section 22.1-253.13:7(D)(2)
8 VACS 20-170-10