Freedom tonews Read Foundation

Vol. 37, No. 4 V DECEMBER 2012 free people read freely®

Give the gift Opinion of “Freedom”! The state Looking for a great gift idea for an upcoming of free birthday, anniversary, bar/bat mitzvah, retirement, promotion, holiday, or pageant speech in coronation? Consider a donation to the Freedom to Read Foundation! 2013: an There are two great ways to give: overview • A one-year gift membership, good through the end of 2013. The recipient will receive a membership card, a subscription to Freedom to Michael A. Bamberger Read Foundation News, and breaking news updates. They’ll also know that they Partner, SNR Denton are a key part in the effort to defend and protect our most important rights. US LLP • A donation in honor of your designee to one of FTRF’s named funds—the The beginning of a new Judith F. Krug Memorial Fund, the Gordon M. Conable Memorial Fund, or the calendar year following Zappa Fund—or a general gift to the Foundation. An “in honor” donation can both presidential and support FTRF’s , online education, or conference scholar- local elections is a good time for all of ship programs; give us the flexibility to react quickly to new challenges; and us engaged in the regular day-to-day build our capability to fight coming battles. protection of First Amendment rights in individual situations to step back and And since FTRF is a 501(c)(3) organization, your gift is tax deductible. consider, more broadly, where we are and where attacks on free speech rights To give a gift membership or “in honor” donation, visit www.ftrf.org/ are likely to occur in 2013. ?page=Gift or contact us at (312) 280-4226 or [email protected]. National issues Looking back at the 2012 party plat- forms, it is interesting that, while the Freedom to Read Foundation Regular FTRF membership begins at $35.00 2008 Democratic platform spoke of 50 EAST HURON STREET, per year for individuals and $100.00 for , 60611 organizations. Student membership is $10.00. enabling parents to block content objec- PHONE (312) 280-4226 tionable to them on TV and online, and www.ftrf.org [email protected] Contributions to FTRF should be sent to: Freedom to Read Foundation, of increasing enforcement resources to Barbara M. Jones, Executive Director 50 E. Huron St., Chicago, IL 60611. counter child predators on the , Candace D. Morgan, President You also can contribute by phone at the 2012 Democratic platform men- Freedom to Read Foundation News (800) 545-2433 x4226 or at www.ftrf.org. tioned neither of these matters. The 2012 (ISSN 0046-5038) is issued quarterly to all FTRF is a 501(c)(3) organization and members of the Freedom to Read Foundation. contributions are tax deductible. Republican platform called for vigorous enforcement of all forms of pornography CONTINUED on p. 6 www.twitter.com/ftrf www.facebook.com/freedomtoread Freedom to Read Foundation News

litigation Update From the Executive Director, Utah: Local mom files suit to Barbara m. jones stop book removal Looking On November 13, a mother in Kaysville, Utah, filed suit in federal court against the local school district after the removal of Patricia Polacco’s book In Our back on a Mothers’ House from school library shelves. fruitful fall The Freedom to Read Foundation will be The Freedom to Read Foundation reception following the progress of this case, Weber v. at September’s Joint Conference of Davis School District, closely. The ACLU of of Color in Kansas City was such a success! Utah is representing the mother, Tina Weber, FTRF vice president Julius Jefferson, Jr. urged on behalf of two of her children and similarly attendees to become FTRF members. Another situated students in the Davis County School longtime member recounted her parents’ hav- District. ing to recite the Preamble to the Constitution before being allowed to vote. In Our Mothers’ House is a well-reviewed children’s book depicting a child’s experience Immediately following the reception was growing up in a household headed by same- a Banned Books Read-Out—cosponsored sex parents. The lawsuit challenges the school by FTRF and REFORMA—of those books board’s decision to remove all copies of the removed from classrooms in Tucson, AZ when book from the district’s open library shelves the Mexican-American Studies program was in order to place the book behind a counter where students must have written dismantled by the Board of Education. It was parental permission to access and read the book. a sobering reminder that while we have won certain civil liberties struggles, we must remain The complaint challenges the removal on the ground that “the District’s pri- vigilant and prepared to engage in new ones. mary justification for removing the book from the shelves is that, by telling the story of children raised by same-sex parents, the book constitutes ‘advocacy of The Kansas City events, along with receptions homosexuality’ in purported violation of Utah’s sex-education laws.” In doing earlier this year in Philadelphia and Anaheim, so, the complaint alleges the District violated the students’ First and Fourteenth were great outreach for FTRF, particularly to Amendment rights and is a form of unconstitutional viewpoint discrimination the next generation of FTRF supporters, and that stigmatizes both the ideas in the book and the students reading the book. wonderful opportunities to celebrate with longtime friends. We would love to see more As noted in the complaint: events in our members’ communities. We’re The District can respect the wishes of parents who disagree with In planning one for April in Indianapolis, in Our Mothers’ House by allowing parents to place limits on their own conjunction with the ACRL conference, at the children’s ability to check out particular books. But the District cannot Kurt Vonnegut Memorial Library (stay tuned constitutionally allow the religious, political, or cultural preferences to our website and our Twitter feed: @ftrf). If of some parents to dictate what other people’s children should and you would like to host a house party or event should not be allowed to read or place burdens on their ability to ac- in your community, please contact me. FTRF cess fully protected ideas. would be happy to lend support and publicity! FTRF is the only civil liberties organization You can read the full complaint on FTRF’s website (click on “Litigation” then exclusively devoted to the freedom to read “Current Cases”). in libraries, and libraries are being used now more than ever in this battered economy. The county has until February 2013 to respond to the complaint. Follow @ftrf on Twitter or visit our blog at www.ftrf.org for updates. Focus on filtering This autumn we have continued to focus on filtering. Since my last column, our General CONTINUED on p. 7

2 Vol. 37, No. 4 V DECEMBER 2012

Upcoming EVENTS

Thursday, April 11 Indianapolis, Indiana Friday, January 25 FTRF Meet & Greet Seattle, Washington In conjunction with ACRL’s National Conference. FTRF Midwinter Board Location: Kurt Vonnegut Memorial Meeting Library, 340 N. Senate Ave. News & Notes Members are welcome to Time: 6:30–8:30 p.m. sit in as the board discusses 43 and fabulous! FTRF’s litigation efforts, The Freedom to Read Foundation turned 43 on November 20. upcoming plans, and more. Although not a “landmark” anniversary, the day prompted a discussion about FTRF’s history and impact and how best to Location: The Conference Center of the Washington State Convention celebrate both. Center, Room 101 With our new website, we now have individual online profiles of Time: 9:00 a.m.–5:00 p.m. Roll of Honor awardees—check them out at www.ftrf.org/?page Thursday, June 27 =Honor. The website also has an extended overview of the many Saturday, January 26 Chicago, Illinois Seattle, Washington cases FTRF has been involved in via direct participation, as an FTRF Annual Member amicus, or via donated funds. FTRF Annual Author Event Reception & Fundraiser As for Freedom to Read Foundation News, starting with this issue Featuring author Jamaica In conjunction with (see page 7) we are pleased to bring you articles, case histories, Kincaid (see p. 8). ALA’s Annual Conference. and photos from our archives, and celebrate those people and Come meet your fellow Location: Town Hall Seattle, 1119 events that figure so prominently in FTRF’s past and present. If Eighth Avenue members, FTRF Trustees, you have any memories you’d like to share, please contact us for Time: 7:30–10:00 p.m. and the Conable Conference inclusion in coming issues of this newsletter! Scholarship winner! Suggested donation: $20.00, FTRF Nominations extended for 2013 trustee election members $15, students and Location: TBA reduced income $10.00 Time: 5:00–6:30 p.m. The FTRF Nominating Committee has extended the deadline for submitting nominations for the 2013 Board of Trustee election. If you are interested in running for the Board, or would like to in the News nominate someone, please submit the nomination by January 4, 2013 to [email protected] or mail it to Freedom to Read Foundation, 50 E. Huron St., Chicago IL 60611. Nominees must be personal  In October, Margaret Atwood’s The Handmaid’s Tale and FTRF members for 2013 and must be able to attend two one-day Kurt Vonnegut’s Cat’s Cradle were challenged as part of a meetings per year for the duration of their two-year term, which reading list for high school seniors in Guilford County, runs through the 2015 ALA Annual Conference in San Francisco. NC, Schools. More than 2,300 people signed a petition calling for the books to be banned. The election will be held April 1–May 1, 2013.

 Uncle Bobby’s Wedding, by Sarah Brannen, was challenged Will you be at ALISE? but retained this fall in the Brentwood, MO, Public If you’ll be attending the Association of Library and Information Library. Science Educators (ALISE) conference immediately preceding ALA’s Midwinter Meeting in Seattle, say hi to FTRF staff and  The director of the Greenville, SC, Public Library, trustees! For the third year running, FTRF is pleased to support overruling a committee’s decision, banned Alan Moore’s this conference and make connections with educators who are so graphic novel Neonomicon in December after a complaint essential to ensuring that librarians continue to be in the forefront from a parent. of defending our right to access information.

3 Freedom to Read Foundation News

program Update Photos from 2012 Banned Books Week events sponsored by Judith F. Krug Memorial Fund

From Florida to Alaska, Kansas to Guam, the recipients of 2012 had celebrated Banned Books Week, and she reported an enor- Banned Books Week grants from FTRF’s Judith F. Krug Memo- mous level of interest from students—as well as some reticence rial Fund were all over the map—both literally and in terms from others in the community wary of wading into controversy. of the diverseness of projects they put together. Eight $1,000 grants were disbursed for events that included flash mobs, a City Lit Theater Company “roadside wave,” an interactive infographic, and some astonish- Every Banned Books Week since ingly popular trading cards. Banned Books Week took place 2006, Chicago’s City Lit Theater September 30–October 6. Company has performed readings of excerpts from the prior year’s ten California Polytechnic State University, Robert E. Kennedy most frequently challenged books. Library This year, with help from the Krug Over 500 CalPoly students, staff, Fund, the troupe performed seven faculty, local high school students, and “Books on the Chopping Block” City Lit performers other community members attended a readings at libraries around the area, public talk by author Steven Chbosky with dramatic and funny vignettes from Brave New World, ttyl, who discussed his just-released movie, And Tango Makes Three, and the rest of the list. The Perks of Being a Wallflower, and signed copies of his classic coming-of- Lawrence (Kansas) Public Library age novel on which it was based. By far the most “viral” project sponsored by the Krug Fund to Author Steven Chbosky, The Perks of Being a Wallflower date was the Lawrence Public Library’s “Banned Books Week Simon Sanchez High School Trading Cards,” a daily giveaway of baseball-like cards depicting For the first time, a Krug Fund grant went to a U.S. territory, local artists’ renditions of banned and challenged books with with this Yigo, Guam school using the funds to purchase new “statistics” about the books’ challenges on the back. The cards library books; mount and promote a week-long Read-Out were featured on the front page of the local paper’s Sunday with guest readers including the governor, congresswoman, edition, and the AP picked up the story. Quickly realizing the vice-mayor, senators, and many other community leaders; and phenomenon they’d created, the library—in addition to giving putting together a “roadside wave.” The who organized away 450 sets of bookmarks—has sold 500 sets of cards around the events, Sudi Napalan, said this was the first time the school the country and internationally.

bANNED BOOKs WEEK aRTWORK

Friends of the Talkeetna Public Library Robert E. Kennedy Library Lawrence Public Library

4 Vol. 37, No. 4 V DECEMBER 2012

Judith’s Read- ing a scene from The Wizard of Oz; and the director of the ing Room Warhol Museum presenting a look at “banned art.” Established in the memory of Judith St. Catharine College Krug, Bethle- The Krug Fund helped this small Kentucky private college hem, Penn.-based organize their fifth annual Banned Books Week celebration, Judith’s Reading featuring a cook-out, a community art project that will be Room provides permanently displayed, book and t-shirt giveaways, and a three- custom libraries to day-long Read-Out. This was the second Krug Fund grant for hospitals, military St. Catharine. bases, schools, and A banned book flash mob from Judith’s Reading Room performs at Lafayette College not-for-profit or- Friends of the Talkeetna ganizations in the (Alaska) Public Library U.S. and abroad. Their activities included sending 900 books Last but not least, a flood unfor- (with special labels commemorating the 30th anniversary of tunately forced the cancellation of Banned Books Week) to 30 of its library locations; banned book the Second Annual Great Talkeetna flash mobs at Lafayette College and Villanova and Southern Festival of Books. However, the California Universities; and a lecture by Professor Alan Grib- Friends of the Library were still ben on his controversial NewSouth edition of The Adventures of able to put forth a very successful Huckleberry Finn. banned books poster contest, host a screening of The Hunger Games, A young reader in Talkeetna ACLU of , Greater and hold a belated “Battle of the Chapter Banned Books” competition, with two of the six originally With its second grant from the Krug scheduled teams of teens competing. The good news is that the Fund, along with support from the money and prizes that were not spent this year will be used for Judith Krug First Amendment Fund next year’s Banned Books Week activities. of the Jewish Federation of Greater Pittsburgh, the ACLU of Pennsylvania Banned Books Week 2013 is scheduled for September 22–28. hosted its 17th annual “fREADom: A Celebration of the Freedom to Read” FTRF established the Judith F. Krug Memorial Fund in 2009 after Read-Out. This event featured short Reading of In the Night the death of Executive Director Judith Krug. Money donated to Kitchen films inspired by Judy Blume and Ray FTRF in her memory supports programs to increase awareness of Bradbury; readings from works by Toni Morrison, Maurice intellectual freedom in the library community and among the gen- Sendak, and Aristophanes; a children’s theater group perform- eral public. Visit www.ftrf.org/?page=Krug_Fund to donate.

Visit www.ftrf.org/?page=Krug_BBW for more artwork, photos, and videos.

St. Catharine College Simon Sanchez High School Lawrence Public Library

5 Freedom to Read Foundation News

The State of Free Speech In 2013

CONTINUED from p. 1

and obscenity statutes, but it is notable they work such as Media Coalition and ficials related to public libraries, elemen- that First Amendment issues were not the National Coalition Against Censor- tary and high schools, and colleges and central to the campaign of either can- ship, it is easier to move an unconstitu- universities. These are the daily battles, didate. Perhaps this reflects the fact that tional bill speedily, without undue public usually reflecting the hot button issues I recently there has been less pressure at the attention, at the state level. And, as I have mentioned earlier, that will continue in federal level to pass censorial legislation. written about more extensively elsewhere, 2013. They will deal with what is on the Thus, it is likely that, at the federal level, legislators are often willing to pass a library stacks and in the curriculum, what during 2013, there will not be extensions popular law, knowing it to be unconsti- must be filtered and how, and, reflect- of laws directly criminalizing speech. tutional. They achieve popular acclaim ing the rise in influence of social media, on passage, and can blame judges and to what extent school discipline and However the continuing unnecessary the courts when the bill is subsequently control can reach outside the school and classification, as “secret,” of federal gov- enjoined as unconstitutional. Forthcom- school grounds to the student’s cell phone ernmental speech and extensions of the ing action in the states is likely to involve and home computer. And, at the higher scope of privacy hot button issues, education level, they will deal with the laws also consti- such as protection constitutionality of speech codes and free tute restrictions of children from speech zones. I am sure that you and I and on free speech. In content deemed in- others will take part in these important Forthcoming action in the states is each case there is appropriate, gender battles, and will succeed in many of them. a countervailing likely to involve hot button issues, issues, LGBT issues, interest, but both such as protection of children from and the perceived We should not be pessimistic. My interest classification and in the First Amendment goes back to content deemed inappropriate, threat to religious privacy laws can beliefs from science. when I was in college in the 1950s. In the be used to limit gender issues, LGBT issues, and years since then there has been a signifi- communication the perceived threat to religious One subject of legis- cant overall increase in the breadth and and discussion beliefs from science. lative action that ap- scope of First Amendment-protected ma- of matters of peared in 2012 and terials available to all, children and public interest and concern. Those of us is likely to continue into 2013 is protection adults. Children today generally have concerned with free speech must be alert of children against bullying by extending access to material with a substance and to the dangers of such extensions. existing anti-harassment statutes. Leaving maturity not available to them even 25 aside the question whether bullying is best years ago. And the same is true of adults. With respect to Internet freedom, all this dealt with by criminalization or legisla- For example, when I was a student at is complicated by the global nature of the tion, it is difficult to define in words of Harvard, Lady Chatterley’s Lover and medium. The First Amendment does not legally sufficient specificity what consti- Henry Miller’s works (among others) apply to those outside our borders. Gov- tutes bullying. There is a real danger of re- were restricted and could only be ernmental restrictions elsewhere in the stricting constitutionally protected speech. reviewed on application to a librarian. world, particularly restrictions not obvi- For example, speech that “is intended to However we must continue to be vigilant ously censorious (such as privacy restric- annoy or offend”—language that has been and active so that First Amendment tions, which are broader in other parts proposed (and is in fact found in some rights continue to grow. of the world including the UK and the harassment statutes)—describes both a EU), can have significant chilling effects Michael Bamberger is General Counsel mode of bullying and the content of a on US-based speakers on the Internet, of the Media Coalition. Among his many political debate. Often state legislators are especially speakers who have a presence cases, he served as counsel in Hudnut v. reluctant to sponsor amendments appro- in the relevant foreign jurisdiction. American Booksellers Association, a priately limiting such overbroad bills for challenge to an overly restrictive India- fear of being labeled “soft” on whatever the State legislation napolis anti-pornography ordinance. In target of the bill may be. One cannot be as sanguine as to state 1985, the Supreme Court affirmed the legislation. For one thing it is easier to lower courts’ decisions to strike down the pass legislation at the state level. Despite Local concerns ordinance as unconstitutional. the hard work of the Freedom to Read Finally, free speech rights will be most Foundation, the American Library Asso- threatened in 2013 by the actions of Bamberger was the recipient of FTRF’s Roll ciation, and the organizations with which administrators, bureaucrats, and local of- of Honor Award in 2012.

6 Vol. 37, No. 4 V DECEMBER 2012

From the Executive Director, Barbara m. jones

CONTINUED from p. 2

Counsel, Theresa Chmara, and FTRF/ALA Office for Intel- give me a call. There’s no obligation, and I will keep it strictly lectual Freedom staff have created additional authoritative confidential. documents for librarians and boards needing better informa- tion before implementing a filter, or over-filtering library access Celebrating the holidays and more! to the Internet. In speaking this autumn in so many states, we As this issue goes to print, we are in the midst of celebrating the have discovered that many do not equate filtering with censor- winter holidays. Over the years, many of us have realized that we ship. We need to connect have way too much “stuff.” A gift membership or donation to the those dots more precisely, Freedom to Read Foundation would be much appreciated by and we need your help. In those celebrating a holiday or commemorating a special occa- so many ways filtering is In so many ways filtering is sion. Consider it for members of your book group and all those more insidious than pull- avid readers and civil libertarians in your life! For young adults more insidious than pull- ing a book off the shelves, you could include an FTRF membership tucked into the newest because it is less visible. ing a book off the shelves, title by their favorite banned author! Having recently returned We now have a packet of because it is less visible. from meetings with librarians in Eastern Europe, I am reminded authoritative information of how easily the freedom to read can be lost—and how hard it is available for you to use at library board meetings, with your to get it back. See page 1 for details on how to give. local press, or in other ways to provide more accurate informa- tion about what is and is not required by the Children’s Internet Protection Act. This fall we spoke in Iowa, Missouri, and Geor- Happy Holidays, Barbara gia. This spring we will speak in Texas and Washington State, and we welcome inquiries to speak to your organization! from the FTRF News archives

Sara Paretsky lecture at Dominican This cartoon by the legendary Bill Mauldin appeared in the Fall University 1972 issue of Freedom to Read Foundation News. I was honored to introduce novelist and fel- low Chicagoan Sara Paretsky on October 24, where she gave Dominican University’s annual McCusker Lecture, entitled “Another Turn of the Screw.” As a V. I. Warshawski wannabe ever since encountering Paretsky’s detective many years ago, I was inspired along with the packed auditorium as she spoke about the “power of voice,” whether we are authors, community organizers, librarians—or detectives. A longtime member and supporter of the Freedom to Read Foundation, Ms. Paretsky spoke about the still ominous threats of the USA and the overall societal forces trying to create barriers to our freedoms. FTRF and Dominican University are hoping to create a joint publication of Ms. Paretsky’s never-before-published lecture. Stay tuned and be the first to own it!

On to Seattle I am really looking forward to FTRF’s January meeting in Seattle, when we will conduct our first annual review of our first Strategic Plan! Our highest priority is membership development and fundraising, and I am so pleased that our multi-pronged campaign began in early fall. We will hear the results at Midwinter, and decide next steps. We also will discuss a marketing plan to further our efforts to gain new members. I am already talking to four people interested in making planned gifts to FTRF. If this is something you are interested in, please

7 Freedom to Read Foundation FIRST CLASS MAIL American Library Association PRESORTED 50 East Huron Street US. POSTAGE PAID Chicago, IL 60611-2795 USA HANOVER, PA Address Service Requested PERMIT NO. 4

Vol. 37, No. 4 V DECEmber 2012 Inside this issue of FTRF News... Michael Bamberger on the state of free speech in 2013, p. 1

Suit in Utah over school library book removal, p. 2

Upcoming events, p. 3

Reports from Judith Krug Fund Banned Books Week Grant recipi- ents, p. 4–5

Freedom to Read Foundation Annual Author Event & Fundraiser Saturday, January 26, 2013 • In conjunction with the ALA Midwinter Meeting in Seattle

Location: Town Hall Seattle, Featuring author Jamaica Kincaid 1119 Eighth Avenue Time: 7:30–10:00 p.m. Jamaica Kincaid was born in St. John’s, Antigua. Her books include At the Bottom of the River, General public: $20.00 Annie John, The Autobiography of My Mother, My FTRF member: $15.00 Brother, and Mr. Potter. She lives with her family Student/reduced income: $10.00 in Vermont.

Following Ms. Kincaid’s talk, there Kincaid’s book Lucy was challenged in a Pennsyl- will be a reception with dessert & vania high school in 1994 as “most pornographic.” wine and a book signing. See Now Then, her first novel in 10 years, will be published this coming February. Seating is limited. Please visit www.ftrf.org/event/seattle2013 Image © Kenneth Noland for details. Sponsored by