The National coalition Against censorship Newsletter

Summer 2010 Tusslin' Over Textbooks in Tennessee and Number 112 In Tennessee and Texas, two states where the chainsaw- and religious beliefs of the board’s majority. Concerned roar of censorship has been heard for generations, onlookers across the country have watched with alarm NCAC BOARD today’s textbook censors are wielding subtler weapons as the Texas Board has proceeded, as outgoing chairman Joan Bertin in their efforts to get rid of ideas which don’t conform to Don McLeroy put it, to “stand up to experts.” Judy Blume Susan Clare their political and religious beliefs. Individually, many of the proposed changes are unre- Chris Finan Eric M. Freedman In Tennessee, the state which played host to the infa- markable. Historical events can, after all, be told from dif- Stephanie Elizondo Griest mous Scopes Monkey Trial of 1925, recent controversy ferent perspectives. Cumulatively, though, the proposed Phil Harvey focused on an AP biology textbook called Asking About changes are clearly intended to have the effect, as one Marjorie Heins Life and specifically on a passage which itself described aggrieved board member put it, of “rewriting history." George Kannar the history of controversies over teaching evolution in Board members, with their own view of history, see this Gail Markels Larry Siems public school: as simply setting the record

Emily Whitfield straight: "In 1973, antievolutionists in Arkansas, Tennessee, and "I reject the notion by the Louisiana passed identical left of a constitutional sepa- council bills calling for 'equal time' of Advisors ration of church and state." for teaching evolution and (David Bradley) Amy Adler , the biblical Helene Atwan "… Americans fail to realize Julian Bond myth [italics added] that the Rev. John Harris Burt universe was created by the the socialistic, and even James Cromwell Judeo-Christian God in 7 communistic, world views Norman Dorsen days." The formal challenge so inculcated into every area Gail Edwin claimed that to call creation- of our society." (Cynthia Frances FitzGerald Dunbar) Rev. Carl E. Flemister ism a “biblical myth” was an Danny Goldberg insult to Christian faith. The "…we are a Christian na- Victor Gotbaum Knox County school board Franklyn S. Haiman tion founded on Christian David Henry Hwang duly followed its protocol for textbook challenges and re- principles. The way I evaluate history textbooks is first Rhoda H. Karpatkin ferred Asking About Life to a review committee. I see how they cover Christianity and Israel. Then I see Tony Kushner The committee recommended retaining the book, but at how they treat – he needs to get credit Sylvia A. Law for saving the world from communism and for the good S Jay Levy an April board meeting passions erupted as TV cameras Pamela A. Mann recorded the proceedings. The meeting threatened to economy over the last 20 years..." (Don McLeroy ) Jay Mazur career out of control until the chairwoman tabled the Joyce D. Miller It is no secret that holders of political power have always discussion and postponed the final vote. At the May 5 Victor Navasky tried to impose their own views of history, and questions meeting, the board voted (6-3) to keep Asking About Life Aryeh Neier of emphasis and perspective will always be debated. Robert M. O’Neil in the Knox County curriculum. Betty Ruder However, the Texas Board of Education – a board com- Pat Scales Things are not so simple in Texas, home of the late Mel posed chiefly of laypeople, not historians or educators Stanley K. Sheinbaum and Norma Gabler, two prominent early campaigners – decided to “stand up to experts” and substitute their Nadine Strossen against textbooks they considered "anti-Christian.” Ear- personal religious and ideological perspectives as fact. Cleo Wilson Teaching ideological conformity with any agenda – right Susan N. Wilson lier this spring, the Texas State Board of Education voted to make hundreds of revisions to the state's social stud- or left – will not produce the informed, independent- ies curriculum, largely to reflect the personal ideological minded citizens U.S. democracy urgently needs. NCAC Participating Organizations The First Amendment in the Courts Actors’ Equity Association American Association of School Administrators American Association of University Professors What a year, and it’s not over yet. Whether courts resulting in inconsistent decisions American Association of University Women by happenstance or design, the Supreme around the country. There was no such split American Booksellers Foundation for Free Expression Court is knee-deep in free speech cases. It’s among the many courts that have rejected American Civil Liberties Union American Ethical Union too early to say where we’ll be when the dust state legislative efforts to regulate violent American Federation of Teachers settles. video games. American Federation of Television & Radio Artists American Jewish Committee We’ve already written on the two decided The same question arises in the Court’s American Jewish Congress cases, Citizens United v. FEC and US v. Ste- decision to hear another highly charged, but American Library Association American Literary Translators Association vens (CN 111). To recap, in Citizens United the unique, case involving the Rev. Fred Phelps, American Orthopsychiatric Association Court was asked to decide if the ban on elec- whose anti-gay demonstrations at military American Society of Journalists & Authors tioneering communications before an elec- funerals have drawn public opposition. The Americans United for Separation of Church & State Association of American Publishers tion applied to a derogatory video about Hil- parents of a deceased soldier sued Rev. Authors Guild lary Clinton to be aired on pay-per-view cable. Phelps for damages for “intentional inflic- Catholics for a Choice Instead of addressing that narrow question, tion of emotional harm.” The Fourth Circuit Children’s Literature Association College Art Association the Court held that corporations are entitled Court of Appeals held that the speech, The Creative Coalition to the same level of protection for political although “distasteful and repugnant,” con- Directors Guild of America Inc. speech as natural persons and, overturning sisted of “rhetorical statements employing The Dramatists Guild of America First Amendment Lawyers Association decades of precedent, struck down cam- ‘loose, figurative or hyperbolic language’” Educational Book and Media Association paign-finance law restrictions on corporate and could not be mistaken as “asserting ac- International Reading Association spending on elections. tual facts.” As such, the circuit court found Lambda Legal that the speech was protected by the First Modern Language Association In Stevens, the Court took a different tack. In National Center for Science Education Amendment. National Communication Association ruling on a federal law that made it a crime to National Council for the Social Studies create, possess or sell any “depiction of ani- The casual observer can be forgiven for National Council of the Churches National Council of Jewish Women mal cruelty,” the Court declined to address the thinking that the First Amendment isn’t National Council of Teachers of English broader question whether expression depict- such a good idea if it protects the rights of National Education Association ing or describing violence is fully protected corporations to influence elections and the The Newspaper Guild/CWA Office of Communication, United Church of Christ under the First Amendment, which has been freedom to sell dog-fighting videos, with the PEN American Center the law since 1948. Instead, the opinion was promise that in the near future it will include People For the American Way narrowly drawn, holding only that the stat- protection for violent video games and the Planned Parenthood Federation of America Screen Actors Guild ute’s ban on “depictions of animal cruelty” is right to picket funerals. While in each of Sexuality Information & Education Council of the U.S. unconstitutionally overbroad. these cases the First Amendment principle Society of Children’s Book Writers & Illustrators at stake is substantial, the concentration of Speech Communication Association Less than a week later, the Court granted re- cases that test public understanding and re- Student Press Law Center view in Schwarzenegger v. Entertainment Mer- Union for Reform Judaism solve is unfortunate. Which makes it all the Union of Democratic Intellectuals chants Association, involving a California law more important to remember Justice Ken- Unitarian Universalist Association restricting the sale of violent video games to nedy’s observation that “the history of the United Methodist Communications, United Methodist Church minors. The Ninth Circuit struck down the Women’s American ORT law of free expression is one of vindication Writers Guild of America, East law, relying on the long line of cases protect- in cases involving speech that many citizens Writers Guild of America, West ing violent expression, and on the fact that may find shabby, offensive, or even ugly.” there is no evidence that violence in video National coalition Against censorship games actually harms mi- Joan E. Bertin, Executive Director Lawrence Horne, Development Director nors. The Court’s decision Teresa Koberstein, Communications & Youth Programs in Stevens could well have Svetlana Mintcheva, Director of Programs disposed of this case. The Joshua Olesker, Senior Program Coordinator fact that it didn’t raises Isabelle Katz Pinzler, Special Counsel Barbara Pyles, Business Manager troubling questions about Mary Reinke, Accounting where the Court is headed Cynthia Villani, Librarian in its approach to violent Stacey Yen, Development Associate content. It’s also curious that the Censorship News Court even agreed to hear Design: Jeanne Criscola/Criscola Design 275 Seventh Avenue, #1504, New York, NY 10001 the video game case. It is tel: (212) 807-6222, fax: (212) 807-6245 rare for the High Court to e-mail: [email protected], web: www.ncac.org review a case unless there Copyright ©2010 National Coalition Against Censorship is a “split in the circuits”

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censorship NEWS VIEWS ON THE News From the Executive Director

Living in Interesting Times themed books from libraries. In Pennsylvania, a group of parents objects to the use of excerpts from R-rated films in high school Kids today have less time on their own to play, run around outside, classes. ride their bikes aimlessly, or simply do nothing. Their lives are Like every generation before them, young people today are growing heavily programmed and supervised. They go to swimming or up in an environment that is far different from the one their parents gymnastics classes, play on the soccer team, rehearse a school experienced. The fear and anxiety that underlie efforts to protect play, join school clubs, volunteer at a soup kitchen, do homework, children from the confusion, risks and uncertainties of life are or study for tests. This state of affairs makes it all the more certainly not new but they are exacerbated by the pace of change, the important that children’s imagination, curiosity, and intellectual unprecedented diversity of our communities, and parents’ inability to development is not similarly programmed and supervised to limit keep up with the technological savvy of their web 2.0 children. their world to one that offers no unexpected challenge. Yes, of course we want kids to eat their broccoli – but it shouldn’t be their The effort to protect kids by insulating them is ultimately doomed. whole diet. For better or worse social networking, texting, interactive media, etc. are here to stay. It’s worth recalling that five hundred years ago, the Yet control over the minds of young people is the order of the day. invention of the printing press buried an old comfortable world of Some of the fears fueling the urge to control are connected to confined knowledge and completely transformed society. Something the unforeseeable effects of new media: Internet filters, which are comparable is happening today. notorious for the large swath of educational material they block, are installed in both public library and school computers, and Change and uncertainty are defining characteristics of life. many states have tried to prevent minors from buying video games Unfortunately, there have been no significant improvements in the containing fantasy violence. crystal ball in the past 500 years. The best we can do for our kids is to help them acquire the knowledge and skills that will enable them to However, the panic that makes parents want to shelter kids from adapt successfully to whatever the future holds. “dangerous” content isn’t confined just to new media: In Florida, there is an effort to make the library “label” books so as to identify In the meantime, we have our work cut out for us, explaining to any content that refers to illegal behavior, or is “inappropriate” for frightened parents that reading books like Toni Morrison’s Song of teens – reducing literature to a few numbers and letters. In New Solomon in an Advanced Placement English class isn’t what causes Jersey, a small but determined group wants to remove GLBTQ- harm to children. It’s NOT reading such books that does. — Joan Bertin The Long and the Short of It

 NCAC teamed up with EFF urging YouTube  NCAC urged Sugarloaf School in  The Rancocas Valley School Board (NJ) to remove its ban on an artist’s videos Summerland Key, FL, to retain Judy decided to remove one out of three containing nudity. YouTube promptly Blume's Forever in the school library after challenged books from a high school restored the videos to view. We are the parents of one student objected to the library. A group of residents opposed urging YouTube to clarify the application book's sexual content. Forever will remain the books because they were on a list of its nudity guidelines to artwork and in the library. of GLBTQ themed books created by the to institute a viable appeals process for Gay Lesbian Straight Education Network removed videos.  Secretary of State Clinton has signed (GLSEN). orders that end the exclusion of two  NCAC protested the removal of a prominent scholars who were barred  Tarleton State University canceled a painting of a nude from an art exhibit from the United States by the Bush student production of Terrence McNally's in Temecula, CA, and the city issued a administration. The visa denials of play Corpus Christi in response to pressure formal apology to the artist. Since the city Professors Adam Habib and Tariq from the Catholic League and others. Texas subsequently decided to have government Ramadan were challenged in separate Lt. Governor David Dewhurst called the officials directly involved in the selection lawsuits filed by the ACLU on behalf of play "morally reprehensible." of artworks for its exhibition spaces American organizations that had invited rather than adopt a written policy, more the scholars to speak to audiences inside  Responding to a parent’s demand that all censorship is likely. the United States. R-rated films be removed from high school curricula, the Council Rock School Board  The ACLU and others are challenging  The Third Circuit vacated two previous, (PA) decided that teachers may continue to patents on genes associated with breast seemingly contradictory, opinions use pre-approved R-rated movies in class. cancer, arguing that the patents inhibit concerning student online speech in scientific research and deny patients Pennsylvania. Both cases involved Go Green! Starting now, you can access to health. On March 29, a NY students who had created fake online reduce your paper mail and get federal court ruled that the patents profiles parodying the principals at their CN emailed to you. Send an email are invalid but didn't address the respective schools. Layshock v. Hermitage to [email protected] or check constitutional claims. This is the first time School District and J.S. v. Blue Mountain the box on your reply envelope to a court has found gene patents unlawful. School will be reheard. start getting CN in your inbox.

censorship NEWS To Read, or Not to Read, That is the Question This April school administrators of Franklin students, huh? Anything goes, right? After all, "Kids for the most part are clueless. They are Township in Indiana pulled Nobel Prize- they might learn something, and we certainly NOT adults so they have no say." winning author Toni Morrison's Song of wouldn't want to ever censor anything. Better Solomon out of the hands of AP English to have a polluted and decadent mind than to "Do not assume, for one second, that a child students, who were half-way through reading be subjected to censorship." is clueless. When you do that, you are setting the book. The following comments, selected up that generation to fail like so many have from a heated discussion on a local paper's "I attended Franklin Central and I read this before us. Let them read the book and make website, shed light on what's at stake for book in my AP English class... I still own the a ... decision on their own as to whether or students, parents, and community members book. It's not one of my favorites, but it made not it is obscene. Don't take away their choice whenever a book censorship incident me consider certain topics that I wouldn't in the matter." occurs.* have bothered with otherwise, because I was more concerned with teenage drivel at the "The form that AP parents sign has not "If you think your children have not been time. Thanks to a very competent teacher listed the books in an effort to let teachers be exposed to sex, violence and profanity, you're who taught us through the literature of this flexible. It just says the kids will be exposed living in a world of denial. ... this is not a book, I gained college credit and didn't have to adult themes. Well, everyone's definition book which is advocating such behavior but a to take my Intro to English course when I got of 'adult themes' is different. [My] definition realistic portrayal of life around us. Students to college. Despite the controversial material, says this book crosses the line. In the future, who read this are not going to turn into it is a worthwhile novel to read and helped the form should list the books. Parents sex addicts, or become violent or profane me to consider race. After all, I was the only should read the books ahead of time and simply because of it... It is time we stop being minority in my AP class of 35 kids." voice their opinion... I've seen people say so afraid that we feel we have to prevent parents need to be more involved but I've students from learning how to engage in "In 1950 there was still a broad cultural also seen educators and administrators critical thinking. The lack of critical thinking in consensus that impressionable and ignore any parent or community input with our society is becoming a pox on it." immature youth should be insulated from the idea that they are more educated and adult material. Of course things are much know more than parents. So it's an issue of "By the way, just because my children are better now after 60 years of 'broad-minded' communication and defining 'adult themes' exposed to sex, drugs, crime, violence, education. Marilyn Manson. Columbine. that both sides must work to resolve." profanity, racism and general stupidity in Sexting. Bullying. Yes, things are going well the media, at school and in the community, now, thanks." "I am conservative, in general, but ... I believe doesn't make these things OK, nor should juniors in high school who elect to take an I – as a parent – accept that it is desirable for "Censorship isn't illegal or unconstitutional AP class with their parents' knowledge are my community to promote these ideals. This or even wrong. In this particular case it is going to be challenged above the norm. type of 'parenting' or 'education' leads to an entirely appropriate. Any student who wishes Perhaps rather than 'banning' the book, those incremental acceptance of all that is vulgar, to read that book is free to do so – they students whose parents complained about uncultured and ignorant about humanity. can do it on their own time. There is no the book could be offered an independent Hence, the argument that 'your kids are good reason, however, to put that book in a study opportunity of their own choosing, already exposed to this stuff' is a cop out." classroom." within parameters to meet requirements for the class with no penalty." "The whole goal of reading (and most other "Song of Solomon is a beautiful, heart- education) is to expose the student or reader touching book with a lesson. Life isn't all "Now I want to read this book!" to new ideas and experiences that promote rainbows and unicorns, so why shelter our thought. I'm sure the teachers involved didn't kids from FICTION? Do you not trust your ------condone the behavior in the novel, they talked kids to be able to discern literature from *The book was subsequently returned to about it and its effect on the people in the reality? It IS difficult fiction, but it also teaches the classroom. Comments have been edited novel. That's teaching and learning which is history and social context. It's a shame that for length. You can access the full article and what we expect teachers and students to do." Franklin doesn't have the guts to stand up commentary here: http://www.indystar.com/ to one ranting board member. Censorship is article/20100429/LOCAL1801/4290404/ "Why not just pass out hard-core porn to the one step away from book burning." District-pulls-book-from-hands-of-students

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