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Download a Pdf of This Newsletter THE NATIONAL COALITION AGAINST CENSORSHIP NEWSLETTER SUMMER 2010 Tusslin' Over Textbooks in Tennessee and Texas 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 creationism, 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 Ronald Reagan – 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
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