JOURNAL OF INTELLECTUAL FREEDOM Office for Intellectual Freedom, an Office & PRIVACY of the American Library Association

A stirring summary of the essentials of intellectual freedom—misattributed to Benjamin Franklin—adorns the halls of the U.S. Capitol.

CONTOURS OF INTELLECTUAL FREEDOM

REVIEWS: SYLVIA 5 16 28 COOPER AND CENSORSHIP INSIDE TURCHIN: WINTER 2017 BEMAN-CAVALLARO: IN RUSSIA, BURNING LIVING THE FIRST VOL. 1 _ NO. 4 IF ISSUES IN FLORIDA BOOKS, SOCIAL ISSN 2474-7459 AMENDMENT RESPONSIBILITY IN LIS CONTENTS _ WINTER 2017

3 5 Speech and Consequences Living the First Amendment: Gordon James LaRue Conable, Madonna’s Sex, and the Monroe County (MI) Library Sylvia Turchyn

16 We’ve Come a Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues in the US and Florida L. Bryan Cooper and A.D. Beman-Cavallaro

EDITORIAL FEATURES

28 32 Garden of Broken Statues: Censorship Dateline Exploring Censorship in Russia 46 From the Bench 29 On the Burning of Books 52 Is It Legal? 30 Which Side Are You On? 71 Seven Social Responsibility Success Stories Debates in American Librarianship, 1990–2015

REVIEWS NEWS

THE FIRST AMENDMENT CANNOT BE PARTITIONED. IT APPLIES TO ALL OR IT APPLIES TO NO ONE.

Gordon Conable in “Living the First Amendment” _ 5

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 1 WINTER 2017 _ ABOUT THE COVER

_ In one of the hallways of the U.S. Capitol building, a set of murals designed by artist Allyn Cox chronicle the legislative milestones of three centuries, including the adoption of the first ten amendments to the U.S. Constitution during the first Federal Congress. The mural—shown aat left in its entirety—is framed by two vignettes and a quotation celebrating the First Amendment. One vignette depicts a preacher, symbolizing free- dom of religion; the second shows a printer at work to represent freedom of the press; and a medallion featuring the phrase “Without freedom of thought there can be no such thing as Wisdom, and no such thing as Pub- lick Liberty without freedom of speech”—attributed to Benjamin Frank- lin—completes the mural. Photo credit: Architect of the Capitol. But Franklin never penned the famous quote on the importance of free speech. The phrase was written by two Englishmen, John Tren- chard and Thomas Gordon, who wrote and published a large number of political essays in early eighteenth=century London using the pseudonym of Cato. The phrase opened their essay “Freedom of Speech, That the Same is inseparable from Publick Liberty,” published on February 4, 1720, in the London Journal. It was later collected as Cato’s Letter No. 15 in their book, Essays on Liberty, Civil and Religious. A fifteen-year-old Benjamin Franklin, writing as fictitious, opinionated widow Silence Dogood, quot- ed extensively from Trenchard and Gordon’s essay on free speech in a column published in the July 2-9, 1722, issue of the New-England Courant, the newspaper founded by Franklin’s older brother James. The column served as a subtle protest against the governor’s arrest of James following James’s publication of a short news item in the Courant that displeased the governing British authorities. Though “Silence Do- good” informs the Courant’s readers that “I prefer the following Abstract from the London Journal to any Thing of my own, and therefore shall present it to your Readers this week without any further Preface,” those readers—and subsequent historians—have mistakenly attributed Trenchard’s and Gordon’s elo- quent paean to free speech to Franklin. Photo: scan of the July 2–9, 1722, issue of the New England Cou- rant, courtesy ushistory.org.

Journal of Intellectual Freedom and Privacy (ISSN 2474-7459) vol. 1, no. 4 _ Winter 2017

Editor Emily Knox, University of Illinois at Urbana-Champaign, IL Michael Zimmer, University of Wisconsin-Milwaukee Shannon Oltmann, University of Kentucky, Lexington, KY News Editor Michael Wright, Dubuque County Library, Asbury, IA Henry Reichman, California State University, East Bay, Oakland, CA Publisher Associate Editor James LaRue, Director, Office for Intellectual Freedom Shannon Oltman, University of Kentucky, Lexington, KY Managing Editor Production Editor Deborah Caldwell-Stone, Deputy Director, Martin Garnar, University of Colorado, Colorado Springs, CO Office for Intellectual Freedom Editorial Board Production John T. F. Burgess, University of Alabama, Tuscaloosa, AL ALA Production Services: Chris Keech, Tim Clifford, Lauren Ehle, and Hannah Gribetz Roseanne Cordell, Northern Illinois University, DeKalb, IL Journal of Intellectual Freedom and Privacy is published Mack Freeman, West Georgia Regional Library, Carrollton, GA quarterly (Spring, Summer, Fall, Winter) by the Office for Martin Garnar, University of Colorado, Colorado Springs, CO Intellectual Freedom, an office of the American Library Clem Guthro California State University, Fullerton, CA Association, 50 E Huron St., Chicago, IL 60611.

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 2 EDITORIAL MARCH 2017

Speech and Consequences

James LaRue ([email protected]), Director, Office for Intellectual Freedom

his issue begins with the moving story of intellectual freedom champion Gordon Conable. The drama plays out like this: a principled and outspoken defender of First TAmendment rights stands up for a controversial book in accordance with library policy and federal law. Then, his community vilifies, harasses, and punishes him for this defense until his death. One lesson is the inescapable truth that although we have the right to free speech, there can be consequences, whether in Michigan, or in Russia (see this is- sue’s review of Garden of Broken Statues). Another lesson is that we don’t do enough to support the bravest among us. One purpose of the LeRoy C. Merritt Fund is just that: to provide some financial support for those who literally lose their jobs over an intellectual freedom (IF) challenge. But that’s a little late in the game. One can’t help but be struck by the churning anger and hypocrisy of many IF battles. Defenders of morality (there’s too much sex in the library!) move quickly to an eagerness not just to silence the champion but to urge the burning of books, to issue anonymous death threats, or promise to harm children. Really? In the name of virtue?

To be fair, this dynamic works in the opposite direc- Conable’s story, and Cooper and Bevan-Cavallaro’s tion, too, as people who protested the insensitivity of Milo probing look at Florida and the eroding intellectual free- Yiannopoulos’s hate speech themselves seem to have ini- dom rights of minors, also underscore today’s upsurge of tiated violence in Berkeley. It’s hard to accept someone as attempts by nervous parents to try to erase any mention an advocate of “safe spaces” when he is throwing a brick of sexuality from our culture. As is clear from this issue’s at you. All too often, we move from protesting speech to many news items (so insightfully summarized and framed promising or delivering destruction, thereby undermining by Hank Reichman), some parents are convinced that not only the Constitution, but our own humanity. their seventeen-year-old children, just a year or so away But it’s clear that Conable’s experience is not unique. from all the rights and responsibilities of adulthood, dare Today, in an age of doxing and internet stalking, the pub- not be exposed even to acknowledged classics if those clas- lic annihilation of individuals with unpopular views just sics contain a single sexual scene. moves a little faster.

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 3 SPEECH AND EDITORIAL CONSEQUENCES

But why? What’s going to happen, exactly? Teenagers community. Teachers are right to offer Beloved as a way to will suddenly get interested in sex? They’re already inter- understand some of the root causes of racial conflict and ested in sex, which predates not only the internet, but the to listen, respectfully, to some of the American voices that alphabet. Will they be encouraged to emulate the worst have been suppressed for too long. behavior they read about, but not the best? Ultimately, the vision of the Founders is that our de- The suppression of human experience, the failure to mocracy depends on not only the freedom to speak and talk about it, doesn’t make the underlying realities dis- express, but also the right to access the speech and expres- appear. Silence just makes it harder to acknowledge the sions of others. This is also true for simple human learn- facts and to deal with their aftermath. Conable was right ing. If we are ever to be more than we are, we must un- to view Madonna’s Sex as a teachable moment for the derstand what we do not.

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 4 LIVING THE FIRST FEATURE AMENDMENT

Living the First Amendment

Gordon Conable, Madonna’s Sex, and the Monroe County (MI) Library

Sylvia Turchyn ([email protected]), Indiana University–Bloomington

The First Amendment cannot be partitioned. It applies to all or it applies to no one. —Gordon M. Conable1

henever a library fulfills its mission of purchasing popular books, like best-sellers and titles in high demand, it usually will carry on quietly, with- Wout much community controversy. But what happens when the best-seller and in-demand title is also a highly charged sex fantasy full of graphic photographs of one of the most recognizable popular figures of the day, who also happens to be the book’s au- thor? Community outrage, organized protest, multiple and counter legal opinions, terrorist threats to the library, and multiple death threats to the library director were some of the responses to Monroe County Library System’s purchase and open circulation of Madonna’s book Sex.

THE BOOK occurred. The silver metal plate book covers, with the ti- On October 21, 1992, Madonna’s much hyped book Sex tle embossed on the front cover and the letter x surround- was released by Warner Books. While much has been ed by a parenthesis on the back cover, gave the book an written about reactions to the book, there is a lack of pub- artistic quality. A copy number, unique to each physical lished detail describing the actual book. What follows is piece, was stamped on the bottom center of the back cov- a descriptive analysis of the content and format of Sex. er. The metal spiral binding offered a symbolic reference The New York imprint arrived in a silver Mylar sealed to the bondage depicted within the contents. However, sleeve, which served to protect it from damage and pre- the coils were too small to function as a binding medium. vent viewing from the browsing public. With the contents When turned, the pages easily tore away from the wire unrevealed to all but the purchaser, the mystique contin- binding, rendering the book damaged after minimal use. ued until the exchange of currency for commodity had This major publishing defect would later complicate the

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 5 Living the First Amendment _ FEATURE

issues facing acquisitions librarians. A large book, thir- The Times, Madonna explained, “It was meant to be fun- ty-five by twenty-eight centimeters, Sex contained 132 ny, mostly, but everyone took it very seriously—which unnumbered pages that were chiefly illustrated. The il- just showed me what little sense of humour most of us lustrations were presented as erotic portrayals of Madon- have when it comes to sex. In fact, no one seems to have na, frequently accompanied by at least one man or wom- a sense of humour about it at all, not when it’s presented an. Madonna and cohorts, sometimes partially clothed or to you by a female. I think that if a male had conceived nude, were photographed in scenes representing mastur- the idea, and I was just a model in the book, it would have bation, oral sex, homosexuality, cross-dressing, bondage, had a very different reception.”7 sadism/masochism, and urination. Sexual intercourse was not depicted in the illustrations. Religious symbols were THE PLACE used as props in a few photographs. Text is interspersed The county of Monroe occupies the southeastern corner throughout the book, addressing some of the sexual activi- of the state of Michigan, anchored between the big cities ty presented in the photographs. Oc- of Detroit to the north and Tole- casionally the depictions are humor- do to the south. The official visitor ous, with one photograph featuring information website for the coun- a clothed Madonna having a comi- BOTH CONABLES ty prominently featured a photo- cal facial expression, reminiscent of graph of General George Armstrong Lucille Ball’s Lucy character. In the HELD THE POSITION Custer, who was known primarily same picture, two bald, nude lesbians for his role in the Battle of the Little appear to engage in sexual activity THAT “IT WAS Big Horn. The photograph’s cap- behind Madonna. On another page tion read “Monroe is proud to be a laughing Madonna, wearing only INCUMBENT ON US the hometown of General Custer.” A thong underwear, frolics in the grass TO PRESERVE THIS statue of General Custer in Monroe with a large dog. This scene can be was also described on the city site.8 viewed as an innocent, joyful scene COMMITMENT TO THE This obvious declaration of civic or a thinly disguised depiction of pride in Custer may offer a glimpse bestiality, depending on the perspec- FIRST AMENDMENT.” of the cultural climate in the city tive of the beholder. and county of Monroe in the 1990s. In addition to the primary book With fifteen branch libraries, the content, Sex included a bound-in comic book entitled Monroe County Library System (MCLS) served a popu- “Dita in the Chelsea girl.” The eight page supplement, lation of 133,600 in the early 1990s.9 Gordon M. Conable measuring thirty-one by twenty-three centimeters, was accepted the position of library director in 1988, imme- set in after the primary text and before the acknowledge- diately following his lengthy and successful tenure as as- ment page. Finally, a compact disc, containing excerpts sociate director of the Fort Vancouver Regional Library from Madonna’s album Erotica, was included in its own in Washington. Conable had developed his administra- silver Mylar sealed sleeve along with the book. For the tive skills and nurtured his role as guardian of the First $49.95 price tag, purchasers received a multimedia expo- Amendment while in Washington. His style emerged as a sure to Madonna’s sexual fantasies.2 blend of intelligence and knowledge, softened by toler- Sex was also simultaneously published in several for- ance and commitment, offered with a generous service eign markets, carrying British, Japanese, German, and ethic and presented within a pedagogical framework. He French imprints. Globally, one million copies were re- had attained national recognition as a leader in intellectual leased on the opening day.3 The half-million U.S. print- freedom within library circles, as evidenced by his election ing sold out quickly, and Sex debuted at the top of Pub- to the post of president of the Freedom to Read Founda- lishers Weekly best-seller list.4 In its annual compilation of tion in 1992-1995 and again in 2001-2005.10 1992 best-sellers, Madonna’s book earned tenth place in Once Madonna’s book was published, the decision to the nonfiction category.5 Sex quickly rose to the top of purchase it was consistent with the criteria established the New York Times Best Sellers and remained there for ten for selection of materials for the MCLS. The prima- weeks.6 ry factors considered were media attention, numerous Four years after its publication, Madonna described her pre-publication patron requests, and interest in the book.11 intention in authoring Sex. In an interview published in Five copies were ordered and the roughly fifty dollar

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 6 Living the First Amendment _ FEATURE

per book price was significantly reduced by a 40 percent the library’s purchase of the Sex book for each Monroe discount.12 County commissioner. In addition to accepting comments By early December the stirrings of discontent regard- from the community, the library board heard conclusions ing the presence of Madonna’s Sex in the MCLS collection from Robert A. Sedler, professor of law, Wayne State Uni- began with scattered protest meetings in county churches. versity of Detroit, regarding the constitutional and legal Irene Conable, wife of the library director, recalled that considerations applicable to the selection and removal of her husband had attended one of those strategy meetings materials by a public library and the access provided to at a local church. When Conable was identified by the minors to materials in a public library. In his memoran- participants, a big discussion ensued on whether he would dum to the library board dated January 14, Sedler con- be permitted to remain at the meeting. Those present cluded that “for the library system to remove Madonna’s eventually voted to allow the library director to stay, as book, Sex, from its collection because of public opposition long as he remained silent. The opposition to Sex in the to the book would indisputably violate the First Amend- library collection was not unanimous among the clergy, as ment.” Further, Sedler stated, “I simply cannot conceive the pastor of Petersburg United Methodist Church even- of any rules restricting access to the library collection by tually spoke against banning the book.13 minors, particularly mature minors, that would satisfy the The community opposition quickly escalated to an or- requirements of the First Amendment.” This legal opinion ganized protest when 2,616 signatures were presented to a further bolstered the findings of the library review com- MCLS’s board meeting on December 21, demanding the mittee, which had concluded that the book was proper- removal of the controversial book from the library. With ly selected. In their decision, the review committee also approximately 250 residents attending the meeting, the concurred “that to not purchase this book, in light of the board heard ninety minutes of comment on both sides of attention it was receiving and the local demand for it, the issue. While some spoke in favor of the library’s deci- would fall short of the direction contained in Board poli- sion to purchase Sex, citing principles of free speech rather cy, the mission of the library, and this library system’s her- than personal preference, thirty speakers described the itage of service.” Conable noted that ninety-seven requests book variously as pornographic, harmful to children, im- for the book had already been recorded, assuring that the moral, a waste of tax money, and against community stan- book would not appear on the library shelves until 1994. dards. The Monroe County police chief also joined the At the end of the long evening, after listening to com- opposition. Unruly behavior, which was later described ments from the audience, receiving Sedler’s legal opinion as “mass hysteria,” required board chairman Judith See to and the review committee’s recommendation, the library call for order on numerous occasions. True to his princi- board voted four to zero to keep Madonna’s book in the ples, Director Conable voiced support for the dissenters, collection.15 saying “this issue is about the right of everyone to have Following the library’s decision to keep Madon- an opinion. That’s what the library is for—to help people na’s book in the collection, the Monroe County board facilitate their right of expression.” During that meeting of commissioners, as anticipated, entered the discussions the library board announced the formation of an internal surrounding the book’s controversy. Opponents expect- review committee to determine if policy was followed in ed the county board to take action against the library, selecting Madonna’s book.14 but following the Sedler opinion there appeared to be no On January 19, the MCLS board held its next meeting lawful option to force removal or restrict circulation of at the Monroe County Community College to accom- Madonna’s book. On January 21, the commissioners’ legal modate the hundreds of anticipated residents. Among adviser, Mark Braunlich, who had studied the issue, re- the crowd of 325 people, attendees exercised their First ported in his preliminary findings that the commissioners’ Amendment rights, with the majority speaking against only authority was to appoint and remove members to the the book while others spoke in support of the library’s library board. Further, citing the findings of the library decision to purchase. Among the frequent emotion- review committee, Braunlich found no basis for dismissal al outbursts, some called for the firing of Director Con- of library trustees. The commissioners had also requested able while others blamed the library board. Opponents county prosecutor Edward Swinkey to determine if the recommended that disgruntled residents seek relief from library would be engaging in criminal activity by circu- the county board of commissioners. To help their cause, lating Sex to minors. The Berlin Township board became the angry residents distributed fliers among the audience, the only one to openly oppose the addition of the Sex listing the names, home phone numbers and opinions on book to the library.16

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 7 Living the First Amendment _ FEATURE

The furor over Sex, although occasionally contentious Dozens of citizens continued the call for Conable’s resig- and heated, had thus far largely remained within the range nation. The commissioners were polled on their person- of legal discourse and the parameters of protected speech. al opinions regarding the purchase of Madonna’s book. However, on the evening of January 21, the same day that Of the nine-member board, eight opined that, since the Braunlich announced that he found no lawful way to force book could not legally be removed, it should be restricted the library to comply with censors, the MCLS received to circulation to adults or for use in the reference area. In a bomb threat. Via telephone, an anonymous male an- their comments, two commissioners did, however, address nounced the presence of pipe bombs and that the build- First Amendment concerns. The remaining board member ing should be evacuated. While the caller did not men- did not think the library was the appropriate place for Ma- tion the book controversy, library officials assumed the donna’s Sex. Clearly, there was unanimous lack of support bomb threat was linked to the library’s decision to retain for the library’s selection policy and decision to purchase Madonna’s Sex. Monroe County deputies evacuated the this best-seller.19 thirty or forty patrons and staff from the main library After several weeks of community upheaval, and with building, the Ellis Reference and Information Center, no signs of this controversy diminishing, the chairper- within minutes of the threat. At 10 a.m., the library staff son of the library board resigned. Judith See spoke to the heard something hit the parking lot surface. The sum- pressure from 4-H families and interference with her job moned deputies returned to discover an empty piece of as 4-H youth agent at the cooperative extension service pipe in the lot, though it was unclear if this incident had as the reasons for her decision. See also spoke of the many any relationship to the earlier bomb threat. Irene Conable “threatening” letters that stated she was morally unfit to confirmed that no bomb was ever located in the library work with youth. At their February 10 meeting the com- following this incident.17 missioners, however, voted six to three to reject her res- Attempts to ban a book from a library collection usual- ignation. Many board members cited her contributions to ly follow a logical progression of actions: a citizen files an the 4-H program and the county library, noting her posi- objection to an item, the library implements a formal re- tive impact on children in both roles. At that same meet- view of the item, and a decision is announced. In this case, ing, interested citizens continued to present their opinions however, multiple legal opinions were rendered while about Madonna’s book, describing it as pornographic, de- community opponents sought removal of or restrict- grading to women, and contributing to moral decay, child ed access to Sex. The next step in the legal counterpoint endangerment, and encouraging sexual offenders. One occurred when Mark Braunlich released his findings on local lawyer described the opposition as a “highly orga- the Sedler opinion on January 26. As expected, Braunlich nized, right-wing, extremist group,” and then proceed- confirmed the autonomy of the library board, but he also ed to throw several notable classic books on the floor. He stated that restricting access to minors would not violate ended by offering a pack of matches to the board chair- the constitution.18 man, suggesting that book burnings would follow the at- With an unsatisfactory response from the library board, tempts to censor.20 opponents turned to the Monroe County board of com- The commissioners announced their intention to work missioners for response and relief. At the January 26 meet- with library officials to resolve the emotional and legal ing of the board, citizens once again gathered to primarily issues that remained, following the decision to retain Sex voice opposition to Sex as a part of the library’s collection. in the library collection. At their meeting of February Many comments addressed process and policy and includ- 23, the board appointed its human resources committee ed the following: to form a joint task force with library board members to work toward a resolution of the community discord re- ●● The book-selection process lacked citizen input. garding the library’s acquisition. Specifically, the task force ●● Library board appointments should go to citizens who was charged to review the library policy on book selection pledge to remove authority over selection policy from and circulation as applied to Madonna’s book. While wel- the director and give it to the citizenry. coming citizens to attend task force meetings, the com- ●● The library board members should resign. missioners warned that improper conduct would not be ●● Does the county need a library? tolerated.21 Instead of the community turning its collective atten- On a personal level, it was alleged that “Mr. Conable tion to the collaborative work of the task force, this mo- is a dictator and he has total authority to do anything.” mentum was interrupted with the release of prosecutor

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 8 Living the First Amendment _ FEATURE

Edward Swinkey’s legal opinion, which he presented to as director to hire a lawyer when needed.25 As anticipat- county commissioners on March 8. In this next step in the ed, the mystery legal opinion was the third rendered on legal sparring between the commissioners and library offi- the Madonna book controversy, with Robert Sedler issu- cials, Swinkey concluded that the sexually explicit content ing his second legal opinion for the library on this top- of Madonna’s book made it harmful to minors as defined ic. The twenty citizens who attended the library board by Michigan law. If the book is legally harmful to minors, meeting on March 16 were excused when Sedler reviewed some library employees could be prosecuted for making it his opinion. Once removed from the meeting, the citi- available to minors at the library. The prosecutor did con- zens held signs and posters complaining that the closed cede that librarians were exempt from prosecution, citing meeting was illegal and wasted taxpayer money. Monroe numerous citations to case law. In an interview with the County prosecutor Edward Swinkey later confirmed that Monroe Evening News, Swinkey declared that he would not the library’s closed session to review the legal opinion was rule out prosecution for the nonlibrarian employees. within the law.26 Further, Swinkey stated that the library system “has in In his opinion, Sedler stated that its power the ability to deny access to the book without violating the U.S. Constitution.”22 a court would rule that as a matter of law, the book, which On the same day that the commissioners received the had been on the national best seller list for a number of prosecutor’s opinion, the library board also convened. weeks, has “serious literary, artistic, political or scientific When informed during the meeting of the Swinkey opin- value for a legitimate minority of normal, older adolescents.” ion, director Conable declined to comment until he and Madonna is a famous rock star, and her sexual fantasies con- the board were able to carefully review and discuss it. vey messages of sexuality, rebellion, freedom, racial equality The unrelenting opponents, perhaps emboldened by the and the like to her many fans, who include “a legitimate mi- Swinkey decision, continued to dominate the comment nority of normal, older adolescents.” period of the meeting, with twenty speakers repeating the For the above reasons, I have no hesitation whatsoever, in same themes against Madonna’s book. Even though two concluding that a court would hold that as a matter of law, board members suggested that some restriction might be Madonna’s book, Sex, is not “obscene as to minors” under possible, angry citizens escalated the conflict by proposing the standard of “variable obscenity,” and so is protected by the pursuit of legislation mandating that the library board the First Amendment and correspondingly is not prohibit- be an elected body. Others proposed campaigning to defeat ed by MCL 722.674. I note that Mr. Swinkey has made no the next library millage vote. Once again the library direc- effort whatsoever to support his contention that the book is tor was the target of negative comments, with one oppo- “harmful to minors” within the meaning of MCL 722.674, nent calling for future review committees to be composed and I would suggest that this is because such a contention is of people “not beholden to the (library system) director.”23 completely unsupportable as a matter of law.27 When the commissioners met on March 9, they agreed to refer the Swinkey opinion to the human resources task After the library board reconvened in open session, force that would jointly review the library’s policy on ma- they referred the Sedler opinion to a special subcommit- terial selection with representatives of the MCLS. State tee of board members who were charged to review the Representative Lynn Owen stated in a letter that he would current decision regarding open circulation of Madonna’s sponsor a bill changing the library board from appoint- book.28 ment to election, but only if the commissioners presented By the time the human resources committee of the him with a supporting resolution to that effect. board of commissioners met as charged, it seemed clear Citing their support for the current arrangement that its primary agenda was to find a way to legally restrict whereby the commissioners appoint the library board, the access to Madonna’s book. At a meeting on March 31, the county commissioners refused to provide the requisite human resources committee, three lawyers involved with resolution.24 the controversy, and library representatives participated in The next salvo in the conflict came from the library, the ongoing discussion, though the forty people in atten- when director Conable announced that the board would dance were only allowed observer status during this offi- meet in closed session to review another legal opinion. cial committee work session. Prosecutor Swinkey and le- Citing attorney-client privilege as the justification for the gal advisor Braunlich were of the opinion that Madonna’s private meeting, Conable also said that he was empowered book would meet the community standard for obscenity

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 9 Living the First Amendment _ FEATURE

to minors. Bruce Laidlaw, the interim general counsel As requested, Braunlich drafted a one-page resolu- representing the library, who was aligned with Robert tion for the county commissioners that urged the library Sedler, disagreed that this book would fail the legal litmus officials to restrict access to books that are considered test of finding some artistic, educational, or scientific val- sexually explicit and therefore harmful to minors on the ue, even among the average seventeen year old. Laidlaw basis of community standards. Director Conable tactful- also referred back to the legal concept of “variable obscen- ly responded that this resolution would be “an invitation ity,” which had been addressed in Sedler’s most recent le- for dialogue” between library board members. In keeping gal opinion. Both Laidlaw and Sedler had been unable to with his steadfast resolve to follow the Constitution and find a single case where the court had declared a specific rule of law, Conable also issued an open request to lawyers work legal for adults but lawfully obscene for minors. Li- Swinkey or Braunlich to provide detailed legal supporting brary Director Conable reported that among several legal evidence for their positions that lawyers Sedler and Laid- opinions rendered on the book Sex, only Swinkey’s con- law disputed. The library director emphasized that the cluded that this title was beyond the protection of the First library board would surely consider a constitutionally legal Amendment.29 restriction to minors accessing Madonna’s book.31 Though the public had no opportunity to speak at this In mid-April, the subcommittee of library board mem- meeting, they expressed their anger with T-shirts em- bers, who had been charged to review the decision to cir- blazoned with “Monroe county library—harmful to our culate Madonna’s Sex without restriction, recommended children” and other slogans comparing the library and its that no change be made in that decision. Around the same director to hazardous waste. In a more constructive way, time, the county commissioners voted unanimously to their collective voice was represented when twenty ques- pass Braunlich’s resolution, which asked the library board tions originating from the county residents were asked of to revise its policy by considering community standards Director Conable. In his responses, Conable was unwav- and restricting access to minors regarding sexually explicit ering in his support of the Constitution, the public’s right materials. Despite the overwhelming support for this reso- to access at the library material protected by the First lution among the commissioners, they also acknowledged Amendment, and the library’s selection policy that safe- that they cannot force the library board to change policy, guards that right. To summarize, Conable’s answers and so no change was expected. The commissioners agreed to statements confirmed that continue to monitor the library board’s actions as well as the community’s response. There was also some support ●● Sex has been the most requested title by Monroe citizens expressed for another, more thorough legal opinion from than any other book in the last five years; Swinkey or Braunlich with evidence supporting their de- ●● Sex was not viewed prior to purchase but was within the cision that Madonna’s book was harmful to minors. After standards of selection procedure; almost four months of uproar over the purchase and cir- ●● no twelve-year-old had requested the title to date, and culation of Sex by the county library, only a few residents that child would probably be eighteen before the book commented on this topic at the April 13 commissioner would be available; meeting.32 ●● current library selection policy already prohibited the Later in April, Braunlich did announce his intention to acquisition of any legally obscene materials; and meet with Conable to discuss Braunlich’s opinion that Sex ●● only a court of law can issue a legal opinion that would and other sexually explicit books can be legally restricted find a specific title to be legally obscene. to adults. The culmination of this announcement result- ed in a formal memorandum from Braunlich to Conable, From the meeting two key action items emerged. The dated July 14, wherein Braunlich agreed “with Professor committee wanted county legal advisor Mark Braunlich to Sedler that since the Library Board purchased Madonna’s draft a policy that would define a way the county library book in accordance with the existing material selection could restrict access to Madonna’s book without violating policies, removal of that book at this time would likely to the law. The other outcome of the meeting was a decision be found to violate the First Amendment of the United to draft a proposal for the full board of commissioners to States Constitution.” The primary objective of Braunlich’s adopt a resolution similar to one enacted in neighboring letter, however, was to ask the library to revise its circula- Ingham County, which required the library board to de- tion policy to allow legal restrictions for children seven- fine policy to restrict access to sexually explicit materials teen years of age and younger on the basis of sexually ex- that are harmful to minors.30 plicit content and laws intented to protect minors.33

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With no legal means to force the library to remove Ma- supported unrestricted access to Sex once it was added to donna’s book from the collection, nor success in asking the library catalog. Reports in multiple issues of the News- library officials to rewrite policy, angry residents and some letter on Intellectual Freedom in 1993 showed a clustering of county commissioners looked to future appointments on activity in the southwest, midwest, and east coast. A partic- the library board as the sole method to instill change and ularly fierce response occurred in Houston, Texas, where some measure of control over the library. To that end, the residents banded together as the “Citizens Against Pornog- majority of the commissioners selected William Carrig- raphy.” They called on the mayor to prevent the purchase an, who openly opposed the acquisition of Sex in the li- of the title despite funding provided by an anonymous brary, to join the library board in June 1993. In doing so, donation. Failing that, there was a call to remove the book the commissioners also failed to reappoint a seated library from the library and to recall lawmakers who did not com- board member who had supported the library’s policies. In ply. Library Director David Henington, whose resignation August, new library board member Carrigan submitted a had been requested by the citizen group, convened a review proposal to change library policy by introducing restric- committee. Based on the committee’s recommendation, the tions to some materials. Nancy Colpaert, retired MCLS book was retained in the collection, but with noncirculat- library director and direct successor to Gordon Conable, ing status only to adult users. In two cases, library directors confirmed that policies affecting open access to MCLS in Austin, Texas, and Downers Grove, Illinois, responded materials would not be changed after the Conable era.34 to written attorney opinions by limiting access to persons over eighteen. The Topeka and Shawnee County (KS) NATIONAL RESPONSE TO THE BOOK Public Library removed the book on the recommendation Around the United States, public libraries and library of the library’s review committee, but then reversed itself boards struggled with the decision to purchase Madonna’s and reinstated the book with adult-only circulation status. Sex. No prepublication copies were released, ostensibly to The Des Moines, Iowa, public library similarly restricted heighten the allure of the forbidden content. Once pub- viewing by keeping the book in the reference area, with lished, major book reviewers panned Sex, so the decision access limited to readers eighteen and older. Many librar- to withhold advance copies may have been an attempt to ies in Arizona (Phoenix, Glendale, Tempe, and Scottsdale), delay the inevitable bad press.35 In some libraries, like the Connecticut (Stamford, Norwalk, and New Canaan), and MCLS, the decision to add this book to the collection led Omaha, Nebraska, made known their intentions not to to an aftermath of protest and challenge. With any contro- purchase Sex. In Mesa, Arizona, Colorado Springs, Colo- versial title, there is opportunity for discourse and poten- rado, and St. Louis, Missouri, orders that had already been tially negative outcomes at every stage of a book’s journey placed were canceled following numerous complaints. The in a library, from acquisition through shelf life. For many public libraries in Champaign, Illinois, and Manchester, librarians, there was no satisfactory answer to the many Connecticut, delayed decisions on access and circulation af- dilemmas this title created: purchase this pricey book ter the book was received.36 and accept the likelihood that it might be stolen, vandal- In 1990, the American Library Association’s Office for ized, or quickly worn out. Further, library directors might Intellectual Freedom (OIF) created a database of chal- expect calls to remove it from the collection, charges of lenged materials, from which it publishes an annual list of peddling pornography, and motions to restrict access to challenged or ultimately banned titles. From 1992 to 1993, adults. On the other hand, decisions not to acquire the the OIF collected data on twenty-seven cases surround- book could expose the library to justified charges of cen- ing libraries and Madonna’s Sex, many of which have been sorship in selection. For the first time in recent memory, summarized in the previous paragraph.37 In 1991, the year a book with undeniable and sustained best-seller status, as preceding the publication of Madonna’s book, the OIF well as great reader interest, pushed the limits of what the tallied 508 challenges. In 1992 and 1993, at the height of populace considered acceptable mainstream reading. For the Sex controversy, the reported cases increased to 641 librarians who did not reject this purchase out of hand, and 686, respectively. The amount of challenges to library this title became a litmus test of their principles, policies, materials continued to increase significantly, with 758 and practices. reports in 1994 and 762 in 1995. In 1996, the number of Across the country, libraries were involved in various cases dropped to 661. While these numbers are significant, stages of controversy regarding Madonna’s book. Indi- it is difficult to determine if fluctuations reflect changes in vidual citizens, action groups, and county boards protest- reporting, a rise or fall in censorship activity, or a combi- ed decisions to acquire the title as well as the policies that nation of both.

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In Indiana, comprehensive data were gathered from have been higher immediately following its purchase in public, academic, and special libraries regarding the de- late 1992. When anger is generated in some segments of cision to purchase Madonna’s Sex. In 1993, the Danny the population by the presence of controversial items in Gunnells Intellectual Freedom Committee of the Indiana library collections, vandalism may occur. This too would Library Federation included its first “question of the year” prompt the removal of the title from the collection and along with the annual survey on intellectual freedom for OCLC holdings. the previous year. Two-hundred and ninety libraries re- sponded to the question: did your library purchase Ma- THE PERSONAL PRICE donna’s Sex book? Of the 188 public libraries, 36 academ- One might question if the strong and unwavering perso- ic libraries, and 66 special libraries, only 3 public libraries na that Conable displayed to his staff, the library board, and 2 academic libraries reported acquiring this sex fan- and the general public might differ from Conable the tasy book. Respondents were asked to designate criteria private citizen. Irene Conable, herself a librarian, quick- used not to purchase the title, choosing all categories that ly dismissed that possibility. She emphasized that both applied: Here are the results38 she and her husband were “one hundred percent” com- mitted to the library’s acquisition of and open access to ●● Community standards: 100 Madonna’s book. Both Conables held the position that ●● Cost: 97 “it was incumbent on us to preserve this commitment to ●● Professional reviews: 87 the First Amendment.” It was sadly ironic that one of the ●● Format: 69 most highly regarded leaders in the intellectual freedom ●● Erotica: 58 community, the library director who frequently coun- ●● Patron request: 56 seled other librarians facing censorship challenges around ●● Written selection policy: 50 the country, was himself the object of one of the most vi- ●● Controversy: 46 cious and lengthy attacks in the modern history of public ●● Availability: 17 libraries. Throughout the duration of this series of events, ●● Best-seller status: 11 Conable kept in contact with the staff of the OIF, general- ly to keep them apprised of developments. While the OIF When community standards alone carry significant staff served as a sounding board for and offered advice to weight in determining material purchases, the librarian Conable, this was clearly not a situation where a librarian may neglect his or her responsibility to provide all view- needed significant help and direction to handle that which points on a controversial topic. When paired with cost and was not taught in library school.40 book reviews, the decision not to purchase gains strength. It would be naive to think that enduring months of per- The wise librarian takes great care to ensure that such cri- sonal and professional attack would not have some profound teria are always equally applied to all acquisitions and not affect on a person. While the hateful comments, placards, only to provide convenient reasons when confronted with and signs as well as calls for the library director’s resignation a potentially contentious selection. were public knowledge, Conable did not tell his wife about Fifteen years after the publication of Sex, the OCLC the two written death threats that he had received until WorldCat catalog, a global bibliographic database, listed long after the Madonna episode had passed. Irene Conable library holdings for this title in eight countries, forty U.S. related that in one letter to the editor of a local newspa- states, the District of Columbia, and Puerto Rico.39 A fur- per, the writer referred to Conable as “Satan” and that the ther analysis of these 155 libraries revealed that college, purchase of the Sex book was the work of Satan. It must university, and research libraries were the predominant be stated that Conable did not baulk at controversy. In his owners of one or more copies of Madonna’s book (63 per- wife’s words he was “engaged by the difficult.” Conable cent). The remainder was divided among public libraries also loved the challenge of a teachable moment, regardless (23 percent), art libraries and museums (10 percent), and of whether it was while addressing his library staff or facing other special libraries (4 percent). an angry group of residents trying to portray him as a pur- Because of poor binding quality, even moderate use veyor of pornography. Sadly, the sustained tension of many would damage this book. Given the uproar and interest in months of discord and personal attacks manifested itself in a the Sex book, it is quite possible that consecutive circu- life-threatening medical condition. Conable developed high lations occurred at public libraries. If so, representative blood pressure, which his wife believes was a contributing OCLC holdings from the public library group type may factor in his early and untimely death on January 12, 2005.

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The impact of the community backlash also had an im- were tendered. At some point during the years of rejec- pact on the rest of the Conable family, both individually tion Conable contemplated returning to school to pursue and collectively. Irene, who was employed as a school li- a law degree. brarian, stopped taking lunch in the teacher’s lounge when One cannot help but acknowledge that this form of the atmosphere became contentious. Some friends sim- professional shunning was a damning indictment on the ply disappeared from her life. Conversely, some previous library profession itself. We librarians rally around our acquaintances became steadfast friends. One woman who collective free speech battle cry and declare intellectu- sang in the community chorus with Irene would pick her al freedom as one of our “core values.”41 We support the up every Sunday so she wouldn’t drive by herself. Irene’s American Library Association’s “Library Bill of Rights” fear of being alone was not unfounded. The Conable fam- and the Constitution on which it is based. In Gordon ily lived on three acres in a rural part of Monroe Coun- Conable, we witnessed an esteemed library administrator ty, with a homestead containing a barn and a granary. In who embraced best practices, who followed law and policy the midst of the Madonna crisis, their closest neighbor, to the letter, yet was no longer an acceptable hire for a po- still acres away, made a point of telling the Conables that sition of library leadership and authority. he would not help if there was ever a need. With Gordon Conable frequently away evenings to attend meetings at THE TRIUMPH various branch libraries, the family decided to put their In 1998, Gordon Conable was finally offered an admin- farmhouse on the market, and they moved into town. istrative position, which would build on his impressive Their young son Ted was five years old at the time and resume. He accepted an appointment as executive vice attended the local Montessori school. The Conables con- president for public libraries at LSSI (Library Systems and sidered moving him to another school because the private Services, Inc.) and the family moved to California. Acco- school was in an isolated location. The head of the school, lades also followed his courageous defense of free speech. however, assured Ted’s parents that she would assign one In 1994, he was recognized as “Michigan Public Servant person each day to watch Ted and so he remained. This of the Year” and was the first librarian so honored by the precaution was not based on paranoia, as Ted was also Public Administration Foundation. In 1996, Conable threatened in a letter received by his father. Irene recalled was named to the Freedom to Read Foundation’s Roll of how she and Gordon had speculated that this letter may Honor in addition to other honors bestowed by various have been related to a local letter to the editor in which the foundations. When LSSI announced Conable’s death, he writer thought the children of Monroe were threatened by was described as “an outstanding senior manager” and “a the presence of Madonna’s book and that the library direc- passionate advocate for libraries and the library profession” tor needed to pay attention to the fact that he had a small who “brought his extensive knowledge and deep convic- child himself. Irene’s parents were furious with her and tions to every aspect of his job and life.”42 Gordon for doing anything that could have put Ted in dan- ger. At the height of these threats a good friend offered the FINALE Conable family refuge in Chicago. The Conables seriously Here are answers to a few lingering questions that considered moving Irene and Ted to Chicago but eventual- emerged during the investigation of these events. Did ly decided to keep the family together in Monroe. Madonna’s book remain in the collection at Monroe? Enduring hardship in every facet of his personal life, The answer is no, but not because of censorship. Former however, was not the end of this saga. The pressure on MCLS Library Director Nancy Colpaert confirmed that Conable at the MCLS never completely relented, so as the five copies of Sex were eventually withdrawn because 1993 came to a close he began applying for other library of damage to the spiral binding following five years of positions. For the next five years, Conable applied for continuous circulation.43 Did Madonna ever contact the every reasonable library director vacancy that was ad- Monroe library during the long controversy? According vertised. Though he was frequently one of two finalists, to Irene Conable, she did not. Gordon Conable tried to not once was Conable offered a job. Feeling doomed, contact Madonna, but she did not respond. Finally, how Conable started applying for assistant director posi- should librarians view Conable’s role in this prolonged tions, thinking he would fare better if the hiring deci- crisis? To quote Irene Conable, “He was not only a shin- sion was the prerogative of the director. Still, no offers ing example but a warning.”

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References

1. Robin Erb, “Library Votes to Keep ‘Sex’ in Circulation,” Tole- Library Fray,” Toledo Blade, February 3, 1993; “Similar Opin- do Blade, January 20, 1993. ions Spoken by Commissioners,” Monroe Guardian, February 2. Madonna, Sex (New York: Warner, 1992). 1, 1993. 3. Vicki Goldberg, “Madonna’s Book: Sex, and Not Like a Vir- 20. Kevin Merrill and Elisa Tomaszewski, “Library Board’s See gin,” New York Times, October 25, 1992, late edition, Factiva. Resigns From Post,” Monroe Evening News, February 3, 1993; 4. Maureen O’Brien, “‘Sex,’ #1 Bestseller and an Apparent Sell- Elisa Tomaszewski, “Commissioners Vote 6-3 to Reject See out, Will be a 1993 Paperback,” Publishers Weekly, November Resignation,” Monroe Evening News, February 10, 1993; Jenni- 2, 1992, Gale Virtual Reference Library. fer Allman, “Library Resignation Rejected,” Monroe Guardian, 5. “Over a Century of Publishers Weekly Bestsellers,” Publishers February 15, 1993. Weekly, Books in Print (1992). 21. Elisa Tomaszewski, “County, Library to Meet on ‘Sex,’” Mon- 6. “New York Times Best Seller List,” November 8, 1992, ac- roe Evening News, February 24, 1993. cessed May 5, 2017, http://hawes.com/1992/1992-11-08.pdf. 22. Cindy Chapman, “Swinkey: Limit Access to ‘Sex,’” Monroe 7. David Appleby, “In Her Own Image,” Times (London), Octo- Evening News, March 9, 1993; Robin Erb, “Library Told to ber 19, 1996, Lexis-Nexis. Restrict Book,” Toledo Blade, March 10, 1993. 8. “Official Visitor Information Web Site for Monroe County, 23. Chapman, “Swinkey: Limit Access to ‘Sex’”; John Austerber- Michigan,” Monroe County Convention and Tourism Bu- ry, “Two Library Board Members Hint at Compromise,” Mon- reau, 2005, http://www.monroeinfo.com/history. roe Evening News, March 9, 1993. 9. “U.S. Census Bureau: American Fact Finder,” U.S. Bureau of 24. Elisa Tomaszewski, “Opponents of ‘Sex’ Continuing Pres- the Census, accessed Oct. 6, 2008, http://factfinder.census.gov. sure,” Monroe Evening News, March 10, 1993. 10. Jonathan Kelley, American Library Association, Office for 25. “Library Board Plans Closed Meeting,” Monroe Evening News, Intellectual Freedom, e-mail message to author, December 5, March 15, 1993. 2008. 26. John Austerberry “Professor Disputes Swinkey on Book,” Mon- 11. Monroe County Library System, Report on the Selection Review roe Evening News, March 17, 1993; “Prosecutor’s Book Opin- Committee Concerning Madonna’s Book Sex, January 19, 1993. ion is Rebuffed,” Monroe Guardian, March 22, 1993; “Swinkey: 12. David Niemiec, “‘Sex’ Appeal? Not in Monroe County,” De- Meeting Proper,” Monroe Evening News, March 29, 1993. troit Free Press, February 24, 1993. 27. Monroe County Library System, Constitutionality of the Library’s 13. Irene Conable, interview with author, September 28, 2008. Restricting Access of Madonna’s Book, Sex, to Persons Under 18, 14. Kevin Merrill, “Residents Blast Madonna Book,” Monroe Eve- March 12, 1993. ning News, December 29, 1992; Toledo Blade, January 19, 1993; 28. “Prosecutor’s Book Opinion is Rebuffed.” Monroe Evening News, December 29, 1992. 29. John Austerberry, “Committee Wants Policy Restricting ‘Sex’ 15. Kevin Merrill, “Board Affirms ‘Sex’ Decision,” Monroe Eve- Book,” Monroe Evening News, April 1, 1993; Jennifer Allman, ning News, January 20, 1993; Robert A. Sedler, Constitutional “Commissioners and Library Board Seek an Agreement,” and Legal Considerations Applicable to the Selection and Removal of Monroe Guardian, April 5, 1993. Materials by a Public Library and the Access of Minors to Materials 30. Robin Erb, “Opponents Losing Bid to Restrict Madonna ‘Sex’ in a Public Library, January 14, 1993; Monroe County Library Book,” Toledo Blade, April 7, 1993; “Public Comment Nixed System, Report of the Selection Review Committee; Robin Erb, but Questions Asked,” Monroe Guardian, April 5, 1993. “Library Votes to Keep ‘Sex’ in Circulation, Toledo Blade, Jan- 31. Elisa Tomaszewski, “County Board May Ask Library for New uary 20, 1993. Policy,” Monroe Evening News, April 7, 1993. 16. John Austerberry, “No Legal Way to Pull ‘Sex’ from Library,” 32. John Austerberry, “No Change Made on ‘Sex’ Policy,” Monroe Monroe Evening News, January 21, 1993; Mark Bergmooser, Evening News, April 13, 1993; Elisa Tomaszewski, “No Impact “Berlin Board Still Questioning Library Selection Action,” Expected from ‘Sex’ Resolution,” Monroe Evening News, April Monroe Guardian, February 15, 1993. 14, 1993. 17. John Austerberry, “Bomb Threat Shuts Ellis Library,” Monroe 33. Elisa Tomaszewski, “County Counsel Wants Library Meet- Evening News, January 22, 1993; Conable, interview. ing,” Monroe Evening News, April 21, 1993; Monroe County 18. Robin Erb, “Madonna’s ‘Sex’ a Cultural Bomb for Communi- Board of Commissioners, Restricting Access to Minors of Sexually ty,” Toledo Blade, January 27, 1993. Explicit Materials: Selection Discretion of New Materials, July 14, 19. “Citizens, Commissioners Discuss Book,” Monroe Guardian, 1993; John Austerberry, “Legal Adviser Lays Out Options on February 1, 1993; Robin Erb, “Monroe Board Can’t Enter ‘Sex’ Book,” Monroe Evening News, July 26, 1993.

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34. Elisa Tomaszewski, “‘Sex’ Opponent Named to Board,” Mon- 37. From the American Library Association, Office for Intellectual roe Evening News, June 16, 1993; Austerberry, Monroe Evening Freedom, October 2008. News, July 26, 1993; Nancy Colpaert, Monroe County Library 38. Sylvia Turchyn, “Results of the 1992 Intellectual Freedom Sur- System, e-mail message to author, October 6, 2008. vey,” Focus on Indiana Libraries 47, no. 11 (December 1993): 6. 35. Caryn James, “Empress has No Clothes,” New York Times, Oc- 39. OCLC WorldCat database, accessed Sept. 17, 2008. tober 25, 1992, late edition, Factiva. 40. Conable, interview. 36. Judith F. Krug, ed., “Sex in the Library,” Newsletter on Intel- 41. American Library Association, Core Values of Librarianship, ac- lectual Freedom 42, no. 1 (January 1993): 1–31; Judith F. Krug, cessed December 16, 2008, http://www.ala.org/ala/aboutala ed., “Madonna Sex Controversy Continues,” Newsletter on /offices/oif/statementspols/corevaluesstatement/corevalues.cfm. Intellectual Freedom 42, no. 2 (March 1993): 37–38; Judith F. 42. Terri Armand, LSSI Mourns the Unexpected Death of Gordon Con- Krug, ed., “Yet More Madonna,” Newsletter on Intellectual Free- able, January 13, 2004, http://lssi.com/archive/Conable.pdf. dom 42, no. 3 (May 1993): 65–66. 43. Nancy Colpaert, e-mail.

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We’ve Come a Long Way (Baby)! Or Have We?

Evolving Intellectual Freedom Issues in the United States and Florida

L. Bryan Cooper ([email protected]), Associate Dean, Libraries, Florida International University A.D. Beman-Cavallaro ([email protected]), Associate Director of Libraries, Pasco-Hernando State College

his paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens, and adults. National ideals stand in tension Twith local and state developments as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveil- lance, and recent attempts to censor books, classroom texts, and reading lists. Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s and 70s, and respond to related occurrences to help mitigate the impact of increasingly reactionary social and polit- ical currents. At the same time, progressive librarians can resist erosion of professional inde- pendence that comes when censorship pressures undermine core values.

Historical Context view without restriction or undue surveillance.1 All three Intellectual freedom (IF) is one of eleven core values of li- core values evolved out of a period stretching from the brarianship. Along with access and confidentiality/privacy, 1930s into the 1970s. Yet the historical roots penetrate IF is deeply rooted in professional ethics. Together, each deeper into the past—to another fifty-plus years stretching supports the freedom of individuals to access all points of back to the founding of the American Library Association

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(ALA) in 1876 and which includes the Progressive Era In Florida, Tampa received the state’s first gift from (1890–1920s). Andrew Carnegie in 1901, as the industrialist-turned- The Progressive Era was a watershed period of Amer- philanthropist ramped up capitalization of new librar- ican liberalism. It created early and systematic environ- ies through multiple organizations. This occurred well mental preservation and conservation, women’s suffrage in advance of the 1911 formation of his main funding ap- and birth control movements, and protections for working paratus, the Carnegie Corporation of New York. Over a classes and children experiencing the ravages of corpo- period of sixteen years, thirteen other libraries were built ratization and industrialization. The period also created in Florida with the help of Carnegie funds, including nine a basis for future expanse of government regulation and public and four academic libraries.4 Although the trend protection that allowed a nascent middle class to prosper reflected a real growth of access and expanding intellec- and expand throughout the century, absorbing masses of tual choice for the literate, ALA President Arthur Bost- immigrants into an American way of life. wick also reflected that era’s chauvinism. In 1908, he cel- At times however, a strong reactionary conservatism ebrated librarians as having greatness “thrust upon them” pervaded the milieu. Aspiring and affluent classes acted to with what he saw as a growing social need for “censor- oppose or control immigrant groups. Responses included ship” aligned with the “library’s . . . educational func- fixations on ethnic and racial differences. Immigrants in tions . . . bear[ing] on more and more of the young and northern cities were linked to perceived threats in pro- immature.”5 In tune with ALA leadership, attendees of liferating saloons, urban political machines, and social- the 1908 Teacher’s Association meeting in St. Petersburg, ist ideology. Southern states constructed a system of legal where the Florida Library Association (FLA) held its an- apartheid. Prohibition grew out of a tension between nual business meeting, heard how teachers and librarians Irish and Italian cultures and established Protestant ideas must be careful—and not purchase books beyond an as- of morality. Religious reactionaries galvanized against sumed level of comprehension. Furthermore, “simplicity, scientific evolution, while racists became more organized. adaptability and rationality should ever be kept in mind, Ku Klux Klan membership grew with an expanded hos- avoiding too much fiction.”6 This reflected a larger fiction tility against Jews and Catholics in addition to African debate—whether it was appropriate to include or increase Americans, to an all-time high of up to 5 million white its prevalence in public libraries and the extent it should Protestants.2 serve as an education tool. The debate would continue for Progressive Era librarianship was in many ways the an- decades not subsiding until after World War II. But levels tithesis of IF, and was defined largely in terms of service of comprehension in reader’s advisories and other contexts as social censor, with emphasis on repressing controversial would become an issue of potential bias and obstacle to ac- literature and serving to uphold morality.3 Militarism and cess in the second half of the century. a rise in nationalism contributed to deeper forms of cen- Yet IF ideals would not reach maturity until well after sorship. When the United States’s entered into World War the onset of the Great Depression. Both the Library Bill I in 1917, the librarian as censor collaborated with the U.S. of Rights (LBR) and Freedom to Read (FTR) ideals— government to repress what soldiers could read, moving from which IF ideals flow—arose out of a progressive beyond morality and into the realm of politics and view- response to economic collapse and world war against fas- point. Library-related censorship continued to manifest cism and imperialism in the 30s and 40s, McCarthyism of itself as a force seeking to shape and restrict collections and the 50s, and repressions leading up to civil rights move- access. ment achievements of the 1960s. Building on Progressive The Progressive Era also brought a focus on children Era success, there was a second women’s rights move- that was formative and longstanding, and it had a second- ment leading to congressional passage of the Equal Rights ary impact on librarianship. Government protection of Amendment (1972) and acceptance by thirty-five states.7 minors was a response to a rapid doubling of child indus- Ageism also was addressed in the Age Discrimination in trial labor from 1890 to 1910 and paralleled growth of Employment Act (1967). In this period, American librar- mandatory public schools as populations surged. Increas- ianship arrived at a most striking advance regarding intel- ingly literate children accessed mass-produced books lectual freedom for minors when the ideal of unfettered while there was a post-1900 expansion of access to new access to library collections for children arose in the 1960s. public libraries. School library collections began to form, In 1961, the LBR was amended so library access should and integrative roles between public libraries and schools never be abridged because of “race, religion, national or- were established in professional philosophy and praxis. igin or political views.” By 1967, children received their

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rights as “age” was added, along with “social views.”8 process of maturation and becoming effective individuals. Protection of divergent social views covered new areas of The document stood against all current restrictions in li- collection access, including civil rights, black national- braries because of age and local assumptions that librarians ism, feminism, ecology, and myriad other sociopolitical must act to restrict minor’s rights “to avoid controversy subjects. The combined privileges inherent in core pro- with parents.”12 fessional values allowed children new access and aware- Free access dovetailed with the Benjamin Spock- ness about trends within the world they were growing up influenced Baby Boomer generation, which largely recog- within. nized the need to foster individualism in children. At the It would take longer for the FLA to fully express na- 1972 ALA Midwinter Meeting, IF committee discussion tional achievements through its first Intellectual Freedom aligned with this awareness, articulating that children ma- Manual (IFM), ratified in 1990. Yet today’s version fully tured at significantly different rates and were exposed to aligns with the highest ideals of the ALA LBR and direct- “adult life” at increasingly earlier ages. FALM also stated ly references Article V of the LBR: “library [use] should that librarians needed to adjust to the times and includ- not be denied or abridged because of . . . age, [or] back- ed admonitions against known examples of bias in library ground.” In addition, within the FLA IFM, there is full policy that hindered access for children. Moreover, it di- recognition of the broadest ALA interpretation: “every rectly provided guidance to librarians who would restrict restriction on access . . . based solely on the chronological access because of what they thought parents would object age, educational level, and literacy skills, or legal emanci- to, making it clear we were not to act in loco parentis.13 pation of users violates Article V.” 9 This included both public and school librarians, with the In tandem with a most popular advertising jingle born later especially bolstered in that even though school librar- of the 60s and 70s, one could say, “We’ve come a long ians must act in loco parentis regarding safety and health way (baby!).”10 But just as there was convolution in wom- of students, a provision of censorship did not necessarily en being marketed their own cigarette—by recognizing have to be part of public school doctrine and contracts. a pinnacle of their social and sexual liberation, alongside The 1970s also brought a high point in terms of legal evidence of health problems caused by tobacco companies successes in the United States that supported First Amend- in a decade defined by sexist advertising—the principles of ment rights for minors, but with limitations. In 1973, access and intellectual freedom for minors is not complete- Chief Justice Berger came close to achieving a majority ly solid and without controversy. opinion that would have rescinded Roth v. United States and all obscenity laws. In other words, anything “patent- Consensus and Change ly offensive” or “utterly without redeeming social value” During the formative stages of library beliefs, subtle and would have been protected under the First Amendment not-so-subtle ambiguities exist in seminal documents. for adults with continued restriction for minors. Instead, Carefully crafted wording, sometimes purposefully vague, in Miller v. California, a more refined definition of obscen- reflects pragmatism and consensus-building. With this ity was created that built on Roth. The resulting “Three- comes the possibility for later stages of amendment. Yet it prong standard,” or Miller test as it is known now, meant also reflects unresolved tensions.11 that a work in question must be patently offensive as de- Shifting attitudes can be found in the LBR adopted in fined by state law, appeal to a prurient interest defined by 1939. It took years of revision and consensus building—in contemporary community standards reflecting beliefs of 1944, 1948, 1961, 1967, and 1980—to arrive at the current the average person, and lack “serious, artistic, political or version. Freedom to Read (FTR) was revised four times scientific value” to be legally obscene and prohibited by in the decades following its initial creation in 1953. FLA’s local courts.14 IF manual of 1990 experienced revisions in 1993, 2009, Florida became a center of jurisprudence pertaining to and 2014. minors in 1975 in the U.S. Supreme Court with Erznoznik After “age” was added to Article V of the LBR in the v. City of Jacksonville. Justice Powell, speaking for the ma- late 60s, subsequent related ALA interpretations arose. jority, stated that if speech was not obscene or subject to “Free Access to Libraries for Minors” (FALM)—adopt- any other “legitimate proscription,” a local legislature can- ed in 1972—was amended in 1981, 1991, and in 2008. not suppress “ideas or images” that it thinks are unsuitable FALM, especially its early wording in 1972, was in many for youth. Still, there was an unresolved tension where ways the high point as a most explicit right of children to First Amendment rights might begin or end for minors, think and explore for themselves in libraries as part of the and the exact limit or extent of local control that might

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define a “legitimate proscription.” Other successes out- parents or the functions of parental authority in the private side Florida included a 1978 federal case in Massachusetts relationship between parent and child. overturning a school board attempt to remove an anthol- ogy of poetry by adolescents in a high school library and a Through amendments up to 2004, the FALM para- legal decision in New Hampshire that forced a high school graph above more than doubled from its original 1972 size library to return Ms. Magazine after its removal because of and clearly raised parental rights to the LAV level. The parental opposition to topics of sexuality, contraception, LAV was referenced directly, and FALM now recognized masturbation, lesbianism, and left-wing musicians.15 parents in the plural instead of the original singular, as if Roughly three decades would pass after FALM’s adop- portending a growing collective effort to protest library tion in the 70s before select ALA amendments included material.17 Clearly, expressions of “rights” and profession- wording that largely expanded and made parental rights al responsibilities had, in some ways, been downplayed by more evident and illuminated a retrenchment concerning the library profession. As Eliza Dresang wrote, more neb- children’s rights. This resulted in part from a 1999 doc- ulous “values” were elevated in a seeming attempt to more ument: Libraries: An American Value (LAV). LAV was the generally engage a larger public—including “less compati- ALA’s first “contract with the public.” Although it gener- ble groups.” The engagement would contrast with the ear- alized support for the “constitutional rights for children lier alliance with booksellers, publishers, children’s book and teenagers,” LAV codified and made more visible “the organizations, teacher’s and anticensorship organizations.18 right of parents and guardians to guide their own chil- Confidentiality and privacy rights for all “individu- dren’s use of the library.” Most notably, it guaranteed the als” also is briefly professed in LAV, but the definition of ability of individuals to express “opinions about library re- an individual in the public contract is ambiguous. Left sources and services.”16 unsaid in LAV and later iterations of FALM was how the By 2004, the original succinct 1972 FALM paragraph public, at state or local level, may or may not differenti- on parental ability to restrict only what their own children ate between teenagers, adolescents or children and their might access became infused with more expansive and rights. Furthermore, there was and still is no reference to complex wording reflecting broader LAV ideas and an as- the majority of state laws protecting circulation records of suaged tone from that of the more progressive and simply minors, even from parents. assertive tone from the 60s and 70s. The LAV clearly reflects an ALA adjustment to an era defined by various legal outcomes against intellectual free- 1972: dom, beginning with the Communications Decency Act The American Library Association holds that it is the par- (CDA, 1996). Known by some legislators as the “Great ent—and only the parent—who may restrict his children Internet Sex Panic of 1995,” the CDA arose with the pop- and only his children-from access to library materials and ularization of internet use and undermined First Amend- services. The parent who would rather his child did not have ment rights for adults—if children might be exposed on- access to certain materials should so advise the child. line, even if inadvertently, to adult communications. This effort to protect children was so broad and injurious the Supreme Court ruled the CDA unconstitutional in June of 2004: 1997.19 The mission, goals, and objectives of libraries cannot autho- Another pro-IF Supreme Court decision followed in rize librarians or library governing bodies to assume, abro- Reno v. American Civil Liberties Union (1997), which tem- gate, or overrule the rights and responsibilities of parents. porarily reassured that the internet had the highest First As “Libraries: An American Value” states, “We affirm the Amendment protections. Congress responded by pass- responsibility and the right of all parents and guardians to ing CIPA—today’s Children’s Internet Protection Act guide their own children’s use of the library and its resources (2000)—forcing all libraries that receive E-Rate funding and services.” Librarians and governing bodies should main- or LSTA dollars for internet access to install and manage tain that parents—and only parents—have the right and the filters on computers, both public and staff. responsibility to restrict the access of their children—and After a third Supreme Court ruling, this time uphold- only their children—to library resources. Parents who do not ing CIPA (United States v. American Library Association) in want their children to have access to certain library services, June of 2003, the shift to internet filtering increased. In materials, or facilities should so advise their children. Librar- 2001 only thirty-six public libraries in Florida filtered ac- ians and library governing bodies cannot assume the role of cess on all computers, nine on children’s computers, and

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thirty-eight libraries did not filter access. By 2007, only content and affirms the responsibility of guardian to mon- twenty-four libraries were not filtering (17 percent of re- itor access of a minor. In the West Florida Public Library porting libraries). In 2014, nonfiltering libraries dropped System, computer access to minors under thirteen is fully to the all-time low in Florida of just under 13 percent. denied without parents present, and parents must approve Also, as of 2015, even all nonfiltering libraries, with the any child’s use up until seventeen.24 This, in part, is in exception of one library in Florida, have internet policies keeping with CIPA and its designation of an adult patron and prohibitions on the display of obscene images or im- as seventeen or older. However, the policy regarding those ages offensive to others—also related to a requirement of under thirteen appears to be local interpretation. CIPA.20 The ability to create library accounts for minors also In 2014, FALM was renamed. “Free” was dropped varies from region to region within Florida. The Collier from the title, with all that the two words “Free Access” County Public Library system allows a patron from birth imply together, and today’s title is “Access to Library Re- to be able to have a Library account though a guard- sources and Services for Minors” (ALRSM).21 That same ian must be present to sign for the application. A patron year, a new ALA document “Minors and Internet Activ- within that system under the age of sixteen is regarded ity” (MIA) reflected the impact of CIPA and called for as a minor overall, which is in contrast to CIPA, which increasing instruction of children to safely navigate the in- states that a child under the age of seventeen is in fact a ternet through knowledge and skills to shape safe behavior minor. In comparison, Seminole County’s rules classify a for “responsible use of internet-based communications.” minor as birth to seventeen years of age in full alignment Although FALM, in name, was officially changed after with CIPA. over forty years, the ALA through the MIA still called on In Orange County, in contrast to CIPA and state law, libraries and librarians to be First Amendment advocates online applications are available for patrons who are eigh- and to “offer unrestricted access to Internet activity in ac- teen and older. Leon County also states in their policy cordance with local, state and federal laws and to advocate that anyone under the age of eighteen qualifies as a mi- for greater access where it is abridged.” nor, as does the policy of Brevard County. The apparently large exception to this overall rule is the City of Lakeland, Local Diversity which participates in the Polk County Library Cooper- Looking closer at Florida library policies at the local level, ative. Lakeland allows any teen with a driver’s license or there is great diversity touching on questions of IF, access, ID to be able to gain a library account without guard- and confidentiality/privacy for children and families. Ex- ian consent. This means that a patron of thirteen with amples of varying policies include the Florida Division of a government ID would be capable of gaining access to Libraries in Tallahassee, which has an open access library library materials unfettered by supervision—a full five- with no internet filters installed on computers. There are, year difference from aforementioned policies of Leon and however, warnings in the policy that the internet is not Brevard.25 to be used for recreational purposes, that no pornographic Since the passing of Senate Bill No. 770 in 1978, Flor- material may be accessed, and that no patron shall access ida has assured all individuals, including children, will obscene material.22 Although it does not filter, this state li- have confidentiality and privacy in public library records. brary policy parallels CIPA’s definition of obscene material Scores of Florida library and library system websites give substantiated in the Roth and Miller Supreme Court cases. mention of their adherence to FS 257.261, and many di- Northwest Regional Library System’s policies are par- rectly mention the clause pertaining to the privacy of mi- ticularly noteworthy as they state that the library system nors. Yet there also appear to be deviations in the applica- does not use filters on their computers at all.23 Hence, it tion of state law pertaining to protection of minors. would appear they also exist outside the impact of CIPA’s From 1978, there were no exemptions to allow for par- requirement that, for libraries to received federal funds ents to ask for their child’s circulation records until 2003, supporting internet access, filtering software must be pro- when amendments to FS 257.261 occurred. The amend- vided on all public and staff computers to assure that a ment was specifically designed to assist libraries by mak- minor’s access to images that are obscene, child pornogra- ing it easier to collect library system totals for fines and phy, or harmful to minors, as defined by law, are blocked, lost books. Parents were then allowed to get a list of ma- along with blocking adult access to obscene images. terial their children under sixteen had checked out, but In contrast, the Jacksonville Public Library uses filters, only if money was owed to the library for those books. At but states that the library does not necessarily advocate any the same time, the legislature clearly reaffirmed that the

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change to the law was in no way be construed to support Collier County quickly removed a reading list because parental surveillance of what their children were read- of an age inappropriate title (BB was cataloged as adult ing.26 Moreover, for minors sixteen or older, parents had erotica in the Collier County Public Library). The list was no right whatsoever to surveille by requesting circulation replaced with a link to reading lists on the State of Florida records, even if there was financial liability. And if under library website. But the event appears to have led to closer sixteen, only the names of parents could be revealed to scrutiny of the local school library collection. Four other collection agencies—further protecting confidential re- titles were then identified and challenged by the parental cords of children, but this time from the collection agency organization, including award winning books designed for database. Nevertheless, Florida legislative staff analysis rec- the school age group.29 The group also challenged reading ognized that, according to the Department of State (under lists that included Toni Morrison, and notable authors like which the State Library exists), FS 257.261 “is interpreted Kate Chopin and Anthony Burgess. 30 differently among local communities” in that “some li- The inclusion of BB on a reading list reflected over two braries allow parental access to their children’s records and million plus online book sales for the title, and consid- some prohibit this access.27 The varied local interpretation erable social and pop-cultural power. The event also is seems to have thrived without incident, even though un- indicative of an age-spanning online democracy challeng- lawful provision could result in a misdemeanor charge.28 ing professional assessment of age-appropriate material and educational value. Although the end result was a successful Recent Occurrences defense of four titles—after the IFC and FLA Board sub- The FLA IFC has taken action against infringements on mitted a letter of support for the books—a crowdsourced the rights of minors in Florida libraries in various ways, reading list was censored according to select community most notably within middle and high school libraries standards. and related to parental calls to censor books. In addition, In November of 2015 the IFC discussed that the Collier members have observed, analyzed, or played a part in oth- County School System had developed a new web portal er occurrences statewide, both political and technological. allowing parents to view online any materials checked out To address new privacy and IF threats, specific examples by the minors in their charge. If this occurred in a public demonstrate how the FLA IFC should work closely with library instead of a school library—it would be in contra- the FLA Legislative Committee to monitor state direction. diction to state law allowing parents to only have access to One of the more regular attempts at censorship and their minors records when parents or guardians are faced FLA IFC response arose in February of 2016, when the with fines or paying for lost material checked out by chil- FLA president drafted a letter opposing the banning of dren 15 and under; and it would violate that portion of This One Summer—an adolescent coming-of-age story by state law that completely protects the privacy of minors Mariko and Jillian Tamaki—from three Seminole Coun- from 16 to 18. Instead, the action by the school system al- ty High Schools after it was found by a third-grader in an lows guardians to see materials for any reason attached to elementary school. Next, in May of 2016, the IFC com- the minor’s account and furthermore allows such activi- posed a letter responding to the challenge of Stephen Ch- ty to be done up to adulthood. Although it is unknown if bosky’s The Perks of Being a Wallflower within Pasco Coun- the system has been or will be used to track what students ty schools. In both cases, the books were retained at the read by adults other than their parents, the capacity is high school level; and in the case of Perks, the book was there, legally and technologically. banned from one middle-school library but retained in the A response from the FLA IFC was discussed but halted. others. Later, research revealed the Family Educational Rights A more noteworthy challenge occurred in May of and Privacy Act (FERPA) can be interpreted as providing 2015. Beautiful Bastard (BB), by Christina Lauren, sud- parental access to school library records if they are deemed denly appeared in the evolving online list after an influx educational records.31 Although it possibly supports paren- of votes from teen users. It caught the eye of a political tal surveillance of school library reading material, it could activist and web coordinated group Parents ROCK, and protect student circulation records from other prying eyes. one particular parent who, self-described, works to review For example, unless there is clear “educational interest” at public school history textbooks for examples of “brain- stake, administrators, teachers and staff should not access a washing and indoctrination of . . . children,” and creates student’s circulation records without parental consent or a YouTube videos questioning historical examples of climate court order. Hence, it would behoove a school district to change and its impact on societies. clearly define such with local standards, and for the FLA

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IFC to amend its IFM with new policy recommendations Section 1006.40, for example provided wording support- encouraging school libraries to work toward policy manu- ing allocation of up to 100 percent of funds to purchase als including the federal intent. material not on the state approved list. This would have ALA OIF staff also expressed concern with the Collier opened the door to allow a singular focus on creation- portal. In its Choose Privacy Week blog, Helen Adams and ist material, if a school board was so inclined. The impact Michael Robinson of the ALA IFC Privacy Subcommit- also would have allowed for local battles for control and tee, recognized the “delicate balancing act between the hence censorship of material teaching students about evo- rights of minors and the rights of parents.” They further lution and climate change, in part by inserting wording stated how the Collier portal is a “bad practice that the that allowed for local standards that are “equivalent to or library profession must strongly advocate against before it better than state standards,” and by restricting materials to becomes a precedent.”32 The potential of precedent gain- those that are “noninflammatory, objective and balanced ing traction is reinforced in a 2010 Florida Libraries arti- viewpoint on issues.” 37 cle by Barbara Morse that identified the growing power Perhaps as disconcerting, the bill, if passed into law of internet based groups to foster bulk challenges, which would have allowed not just parents to object to material, increasingly network with larger audiences and make it but all taxpayers; and would have established processes by harder to broker solutions.33 which organizations could sue and be reimbursed for le- Five years after Morse’s observation, a larger web-based gal and court costs for challenging text books and school Southwest Florida Citizens’ Alliance (now Florida Citi- board decisions. The parallels in the broad effects of Cit- zens’ Alliance—covering Collier, Lee, Charlotte, Brevard, izen’s United v. FEC (2010)—and its application of the Marion, Lake, Okaloosa, and Volusia Counties)—has cit- construct of “corporate personhood” that undermined izen “watchdog teams” pitted against public school and campaign finance reform—should also be considered; and local government control of learning resources, and the possibly juxtaposed with United States v. Sourapas and Crest larger state reading list. Core values of the FCA include Beverage Company (1975), where corporate attorneys used resisting “an overbearing government safety net,” living the word “taxpayer” to claim Fifth Amendment rights the “ideals of liberty . . . characterized by morality and regarding self-incrimination.38 Either way, the recent righteousness,” and “affirming private property rights.”34 Florida bills portend reactionary forces using the courts The organization has actively lobbied legislators, in partic- to shore up mechanisms that challenge and undermine ularly for a Senate Bill (SB) 1018, sponsored by Alan Hays the longstanding Constitutional concept and rights of (R-District 11). individuals. In February of 2016 the FLA IFC referenced SB 1018 and its equivalent House Bill 899. On initial review, it Privacy Law and Minors appeared that the two bills fell outside the scope of the Like that of adults, a Florida child’s right to privacy IFC as a result that library books were thought not to be emerges in part from the Fourth Amendment of the U.S. included in the definition of educational material. A close Constitution. Restrictions on unreasonable searches and reading of the bills revealed potential impact on intellec- seizures apply to circulation records and related personally tual freedom in general, within and without school class- identifiable information (PII). Every state (except Hawaii) rooms and related to text book choice. also has statutes that protect library records from prying The bills stated in particular that “parents and taxpayers eyes. For the most part, these rights extend fully to mi- shall have full access to all school library media services.35 nors, with only fifteen states allowing parental access to Notwithstanding the logistical and security issues for otherwise protected children’s circulation records. school libraries, the intent of the wording appears to align Along with Wisconsin, Florida has the most protection fully with the desires of the activist parent. The result for children from parental surveillance within those fifteen would have been an increase in access for reviewing and states, and only allows parental access to a minor’s public challenging the content of text books, and, in this appar- library records when there is the financial impact through ent case, material in school libraries—for items they would overdue or lost books—and only for material checked censor. out by children fifteen years old or younger. If sixteen or The bills sought to remove, at the budgetary level, any older, parents have no legal right to surveille circulation obligation for a school library to purchase “instruction- records of their children. Hence, if an IF grade was given al materials, including library and reference books and to both Florida and Wisconsin for public library records, nonprint materials” included on the state-adopted list.36 they would get a “B.”

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Where Florida is deficient is in lack of law supporting The memo included mention of the September 2015 the privacy of minors in school libraries. Maine, Con- LC meeting, whereby committee members discussed an necticut, and Massachusetts also have no privacy protec- appropriate age after which parents “would not have the tions regarding school library circulation records. In these ability to access their children’s records.” Suggestions ran four states there is no state law impeding teachers, coun- the gamut from thirteen to eighteen. Although clearly not selors, administrators, and other school officials from sur- statistical sampling, the diversity of opinion reflects what veilling school library records by physical or digital access. could be the larger difficulty of amending the law—with- In contrast, forty-six states and the District of Colombia out the possibility of decreasing the current intellectual provide no exceptions in their privacy statutes to allow freedom-privacy status of minors in Florida—as the bill school teachers and officials such access—and it is hence runs the gauntlet in Tallahassee. illegal to do so. It followed that an FLA virtual web presentation for Florida’s privacy law was first crafted in 1978, in close library directors and over 80 online attendees was held proximity to the revelations of the 1976 government re- on June 17, 2016. ALA IFC Deputy Director and attor- port, “Intelligence Activities and the Rights of Ameri- ney Deborah Caldwell-Stone presented on a number of cans, Book II.” The Congressional analysis, also called the issues, including a “mature minor” concept of privacy and Church Committee report, detailed FBI focus on civilians confidentiality, possibly beginning at age twelve or thir- and families for political reasons. Privately owned book- teen—after which children would receive full privacy and stores thought to contain “subversive or seditious publi- confidentiality rights based on evolving jurisprudence. She cations” were surveilled, and there was significant atten- also mentioned an oddity of K-12 school student library tion to “Afro-American type bookstores” and civil rights records being excluded from Florida privacy/confidential- groups. Alongside traditional surveillance of the KKK, ity law, and that FLA might want to try to extend protec- there was rapid escalation of government surveillance of tion to this category of minors. progressive groups, including antiwar and women’s rights Caldwell-Stone also referenced existing Florida privacy groups, and the ACLU. law pertaining to minors, holding it up as an example of a It would be in keeping with the Church Committee’s successful balance—where all children have a key to their recognition of an abuse of power that Florida and many own privacy. In other words, minors under sixteen can other states sought ways to protect residents using librar- maintain their public library privacy in Florida as long as ies.39 In the following decade, the 1978 Florida statute they are responsible and return their books on time and do protecting adults and minors equally stayed in force, and not lose library material. She also stated that bringing ma- likely was bolstered after revelations from the 1987 New ture minor constructs to Florida and fixing it at thirteen York Times story of the Library Awareness Program, oth- “was not ideal,” largely because setting it could mean that erwise named DECAL (Development of Counterintelli- parents of children twelve and under would then have un- gence Among Librarians), which was used by the FBI to fettered ability to surveille their children in concert with discern the reading habits of library users.40 participating libraries, legally and without restriction.42 Another portent of a possible new legislative direction The mature minor concept grows out of the recogni- regarding privacy for minors in Florida was received in tion that minors clearly have First Amendment rights, but December, 2015, when the IFC received related statu- that these rights grow and expand as they age. Cather- tory information vis-à-vis memo from the chair of the ine Ross, a legal scholar at George Washington Univer- FLA Legislative Committee (LC) to the FLA Board. In sity, states that “an emerging right for mature minors to it, the LC iterated what it believed was common prac- receive information” can include both public schools and tice in public libraries of telling patrons what they have libraries, when she identified a government option and checked out regardless of whether for the purpose of col- shift of common presumptions that would allow minors lecting fines or recovering overdue materials, and this was to access information opposed by parents. Court decisions not legal under FS 257.261. The LC recommended that also demonstrate that government cannot be responsible the issue be fully discussed with the library community for enforcing what parents would desire about limiting “prior to . . . a [needed] change in the law.” The LC also minor’s access, and a recognition that teens should be pro- addressed the need to amend state statute to limit pri- tected against an overreach of parental oversight.43 vate companies working with libraries by anonymizing The June 2016 FLA webinar also included reference to and encrypting personal identifiable information (PII) of two recently revised state statutes in Missouri and Cali- patrons.41 fornia—which the ALA OIF consulted on. Those states

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include specific wording that appears to protect both chil- The HC Commission next banned any and all future dren and adults equally, but each provides apparent local gay pride displays and any county recognition of gay pride loopholes by which decisions to limit privacy for mi- by a vote of 6–1. In turn, the FLA Board resolved not to nors could be implemented. For example, the California hold official meetings in the county until recension of the law allows the dissemination of circulation record data policy. Eight years would pass before repeal of the munic- through “written request of the person identified in that ipal ban, 7–0, in June 2013. It would be another two years record, according to procedures and forms giving written before the U.S. Supreme Court upheld the right to same- consent as determined by the library.” Hence, it might sex marriage.46 Hence, it took at least a decade (and in be possible for a library, at the point a card is provided, reality much longer) to traverse a long road to protecting to have the card-holder stipulate that records be released intellectual and related lifestyle freedoms. according the local expectations. This could possibly in- Reviewing IF, LGBT, privacy and other historical clude children, who might, along with the parent respon- contexts, an awareness of the past for shaping progressive sible for fines and replacement costs, sign and agree that movement forward is essential, as George Santayana un- release of records to parents be included before a card is derstood. Yet John F. Kennedy shifted Santayana’s ideal issued.44 and focused hindsight by speaking about Goethe’s notion In Missouri, comparable language exists, in that an of losing one’s soul by trying to hang on to the present, individual can authorize, in writing, a person who can instead of adapting to change and preparing for the fu- inspect the records. Again, this could be a parent who is ture.47 Touchpoints from other eras, including the rise of authorized at the point that a child signs up for his or her reactionary forces and librarianship’s past alignment, can- library card. But it is uncertain what local permutations not be forgotten. Yet librarians also can envision a future could legally exist. Library forms might provide the child that serves as counter force to philosophical and practical a choice, as to if he or she would allow parental access to retrenchment. the records. But it is uncertain if such could be a legally At the national level, ALA IFC committee and round- binding contract, given other clear legal limits of a minor table members can continue to play a strong role in future to enter into contractual relationships. amendments suggested for ALA documents, and seek to Either way, as revisions to FS 257.264 are considered in uphold the full intent of IF standards. Equally, state IFCs Florida, attention can continue on those political groups can work more closely with their legislative committee reflected in HB 899 and SB 1018. Although the two bills counterparts to track, assess, and defend against statutory ended up dying in committees, twenty Florida representa- developments. FLA IFC members can work to defend cur- tives signed on to the House version of the bill. The larg- rent state protections for preteens of ten, eleven, or twelve er political efforts arose from aspirations of groups under and their ability to freely explore solutions for family al- the Florida Citizen’s Alliance and Better Collier Public coholism, sexual abuse, or other topics at hand. Likewise, Schools, who could seek to leverage FLA LC proposals they can recognize and spread word how IF values stretch- toward a view opposing any idea of a mature minor, or ing back to the 1970s might be profoundly altered in Flor- continuance of existing confidentiality and privacy rights ida, with long-term negative impact on kids growing up for children. Such threats correspond with an even earlier with less awareness of privacy rights and needs. recognition of a growing “privacy problem” for minors, as IF committees could network with and encourage in- identified by Helen Adams in 2011.45 dividuals outside the library profession to help chart new censorship forces related to library service. Library-hosted Conclusion crowd-sourced reporting systems could augment tradi- At times, history reveals a cutting edge of progressive tional state-wide reporting from library associations, and thought and defense of intellectual freedom. It was espe- build bridges by involving a progressive public. Such could cially so in June 2005, when FLA leadership passed a res- balance against internet based reactionary forces, allow- olution opposing the removal of a Gay and Lesbian Pride ing the library profession to better discern, for example, Month exhibit from the lobby of a Hillsborough County how filtering is being used to censor material beyond what (HC) library—an exhibit that was challenged and taken was intended by the Supreme Court, and defend against down because it exposed minors to the reality of ideas and known blacklisting of LGBTQ websites and whitelisting other lifestyles. Under counterprotest, the removed exhibit of sites advocating against gay rights.”48 was reassembled. Yet it was hidden away in the “adult fic- Librarians can of course continue to support IF work in tion” section. terms of our older alliance with the publishing industry and

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banned and challenged books. Yet a new focus could iden- States face decisions related to big and local data, and tify and analyze the other elements that fall off the radar, the role libraries can play in improving collections and such as when Yahoo was banned by one library in Florida customer service by researching user and use information in 2015—impacting the on-average 13 percent of internet while protecting anonymity. Privacy best-practices for users who use the search engine plus users of YahooU○Mail public and academic libraries could align with NISO con- because the site was deemed less compatible with filtering sensus statements. Florida academic libraries in particular software. IF advocates might also ask how, as library profes- face new metrics to measure institutional and student suc- sionals, they might have addressed what was revealed by the cess across the state. In past years, library circulation data press in 2015 about the governor’s office influence on ban- has been scrubbed in support of defending possible future ning the term climate change from Florida websites.49 incursions undermining privacy. Such data could have The FLA IFM, like other state IFM manuals, could been anonymized and aggregated with institutional aca- be updated and amended. There is appropriate detail demic program data to discern longitudinal correlations in some older IFM policy recommendations—such as between library use and student retention and success. Fu- material-selection approaches assuring intellectual free- ture IFM sections could address a needed balance, while dom. But internet use and filtering policies could evolve helping define the boundaries of analysis, and assuring with more suggestions for impactful policy, especially proper data-based communication with stakeholders and following the ALA ten-year report on the clear and neg- entities that ultimately impact our budgets and continued ative impact of over filtering in our libraries.50 Since the existence. last IFM amendment in 2014, the USA PATRIOT Act has In short, there is much that the FLA IFC and IF advo- been replaced by the Freedom Act. A new proviso allows cates can do to engage the future of intellectual freedom libraries, if served with a National Security Letter with a in Florida, and beyond. But librarians might be careful to gag order, to appeal by asking for judicial review.51 The not step into old shoes of a century or more ago. Equally, IFM could mention this possibility, and detail the possible they might always ponder in the present if future genera- use of “warrant canaries” on future library websites as le- tions will be able to say, or at least freely question, if they gal response to gag orders. have come a long way in expanding intellectual freedom.

Notes

1. American Library Association, “Core Values of Librarianship,” 6. “Pedagogues at Petersburg,” St. Petersburg Independent, reprint- accessed June 6, 2016, http://www.ala.org/advocacy/int ed in Ocala Evening Star, January 3, 1908, sec. page 4, image 4, freedom/statementspols/corevalues; “Intellectual Freedom,” Library of Congress, Chronicling America: Historic American Wikipedia, accessed June 7, 2016, https://en.wikipedia.org Newspapers, http://chroniclingamerica.loc.gov/lccn /wiki/Intellectual_freedom. /sn84027621/1908-01-03/ed-1/seq-4/. 2. Estimates range from three to five million. David M. Chalm- 7. Roberta W. Francis, “The Equal Rights Amendment: Un- ers, Hooded Americanism: The History of the Ku Klux Klan, finished Business for the Constitution,” accessed May 4, 2017, (Durham, NC: Duke University Press, 1987), 291; New http://www.equalrightsamendment.org. Georgia Encyclopedia, “Ku Klux Klan in the Twentieth Cen- 8. Richard Fitzsimmons, “Censorship, Intellectual Freedom, Li- tury,” July 18, 2016, as quoted in “Ku Klux Klan,” Wikipedia, brarianship and the Democratic State” (paper presented at Li- March 13, 2017, https://en.wikipedia.org/w/index braries, Books, Ideology During the Second World War [1939– .php?title=Ku_Klux_Klan&oldid=770125492. 1945], National Library of Latvia, Riga, Latvia, 1996), http:// 3. Evelyn Geller, Forbidden Books in American Public Libraries, www.ifla.org/files/assets/faife/lectures-papers/fitz96.pdf. 1876–1939: A Study in Cultural Change, Contributions in Li- 9. Florida Library Association, “Florida Library Association Intel- brarianship and Information Science 46 (Westport, CT; Lon- lectual Freedom Manual,” 2014, http://www.flalib.org/intellec don: Greenwood, 1984), xv, 86–88, 112, 124. tual_freedom_files/2014/FLA%20Intellectual%20Freedom%20 4. “List of Carnegie Libraries in Florida,” Wikipedia, accessed Manual_Final%20May%209%202014%20revision.pdf. June 7, 2016, https://en.wikipedia.org/wiki/List_of_Carnegie 10. The famous cigarette ad for women historicized then current _libraries_in_Florida. perceptions of feminism and women’s liberation, often against 5. Geller, Forbidden Books in American Public Libraries, 1876-1939. what was portrayed as a more repressive 1920s backdrop.

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11. Geller, Forbidden Books in American Public Libraries, 1876-1939. 25. Collier County Public Library, “Policies for Cardholders: 12. American Library Association, “Free Access to Libraries for FAQs,” http://www.collierlibrary.org/card-policies/; Semi- Minors (1972) | Ethics Codes Collection,” June 30, 1972, nole County Public Library, “Library Cards,” http://www http://ethics.iit.edu/ecodes/node/3750. .seminolecountyfl.gov/departments-services/leisure-services 13. Trina Magi and Martin Garnar, eds., A History of ALA Policy /seminole-county-library/library-information/library-cards/; on Intellectual Freedom: A Supplement to the Intellectual Freedom Orange County Library System, “Internet Safety Policy,” Oc- Manual, Ninth Edition (Chicago: ALA Editions, 2015), 124–26. tober 9, 2002, https://www.ocls.info/sites/default/files/In 14. Marjorie Heins, Not in Front of Children (New Brunswick, NJ: ternetAccessPolicyRevisedSept2015.pdf; Leroy Collins Leon Rutgers University Press, 2007), 85, http://fiu.catalog.fcla.edu/. County Public Library, “Eligibility for Library Cards,” April 15. Ibid., 88. 8, 2014, http://cms.leoncountyfl.gov/Library/Library-Card; 16. American Library Association, “Libraries: An American Val- Brevard County Public Library, “Computers/Internet,” ac- ue,” June 30, 2006, http://www.ala.org/advocacy/intfreedom cessed June 16, 2016, http://www.brevardcounty.us/publi /statementspols/librariesamerican. clibraries/computers; Public Libraries of Lakeland, “Lake- 17. American Library Association, “Free Access to Libraries for land Public Library Internet Use Policy,” November 21, 2014, Minors,” June 30, 2004, http://www.ala.org/Template http://www.lakelandgov.net/Portals/Library/Lakeland%20 .cfm?Section=interpretations&Template=/ContentMan Internet%20Policy%2011-2014.pdf. agement/ContentDisplay.cfm&ContentID=8639; American 26. “Florida Staff Analysis, S.B. 192, 3/11/2003” (Westlaw, March Library Association, “Access to Library Resources and Services 11, 2003), 5. for Minors,” July 1, 2014, http://www.ala.org/advocacy 27. “Florida Staff Analysis, S.B. 1434, 4/22/2003” (Westlaw, /intfreedom/librarybill/interpretations/access-library n.d.), 6. -resources-for-minors. 28. “Florida Staff Analysis, S.B. 192, 3/11/2003” (Westlaw, n.d.), 18. Eliza T. Dresang, “Intellectual Freedom and Libraries: Com- 4. plexity and Change in the Twenty‐First‐Century Digital Envi- 29. The Bluest Eye, Beloved: A Novel, Killing Mr. Griffin, and Dream- ronment,” Library Quarterly 76, no. 2 (2006): 169–92, https:// ing In Cuban. doi.org/10.1086/506576. 30. Deirdre Clemons, “Stop Common Core Florida.com—Time- 19. “Communications Decency Act,” Wikipedia, June 1, 2016, line/Facebook,” January 26, 2015, https://www.facebook https://en.wikipedia.org/w/index.php?title=Communications .com/permalink.php?story_fbid=421890611300747&id=278 _Decency_Act&oldid=723234199. 560542300422. 20. Florida Department of State, Division of Library and 31. American Library Association, “Questions and Answers on Information Services, “Library Data and Statistics,” accessed Privacy and Confidentiality,” section 33: “How Does the July 25, 2016, http://dos.myflorida.com/library-archives Family Educational Rights and Privacy Act (FERPA) Affect /services-for-libraries/more-programs/library-data Minors’ Library Records in K-12 Schools?,” May 29, 2007, -and-statistics/. http://www.ala.org/advocacy/intfreedom/librarybill 21. Trina Magi and Martin Garnar, eds., Intellectual Freedom Manu- /interpretations/qa-privacy. al, Ninth Edition (Chicago: ALA Editions, 2015). “Free access” 32. Helen Adams and Michael Robinson, “Watching What for minors is diminished in 2nd sentence, LAV, where free ac- Students Read in the School Library | Choose Privacy Week,” cess is generalized. Choose Privacy Week, October 19, 2015, https://chooseprivacy 22. Division of Library and Information Services, “Internet Use week.org/watching-what-students-read-in-the-school Policy,” Florida Department of State, 2016, http://dos.myflor- -librar y/. ida.com/library-archives/about-us/about-the-state-library 33. Barbara J. Morse, “Handling a Book Challenge in Today’s -of-florida/library-policies-and-fees/internet-use-policy/. World,” Florida Libraries: The Official Journal of Florida Library 23. Northwest Regional Library System, “Library Card Registra- Association 53, no. 1 (Spring 2010): 10–11. tion,” accessed June 16, 2016, http://www.nwrls.lib.fl.us/on 34. “Florida Citizens Alliance,” Florida Citizens Alliance—Liber- line_library_card_registration.html. ty, accessed July 25, 2016, http://floridacitizensalliance.com 24. West Florida Public Libraries, “Internet Use Policy,” January /liberty. 1, 2015, http://mywfpl.com/about-the-library/policies-and 35. “Senate Bill 1018 (2016)—The Florida Senate,” l. 180–81., -library-use/internet-use-policy/; Jacksonville Public Library, accessed July 26, 2016, http://www.flsenate.gov/Session “Internet & Computer Use Policy,” 2016, http://jpl.coj.net /Bill/2016/1018/. /lib/interpol.html. 36. Ibid., ll. 377–83.

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37. National Center for Science Education (NCES), “Antiscience 46. Kathleen McCook, email, FLA Listserv, “FLA and Gay Bills in Florida,” NCSE News, December 29, 2015, http:// Pride,” March 14, 2016; Linda Alexander, “Gay Display Con- ncse.com/news/2015/12/antiscience-bills-florida-0016838. troversy: A Threat to Intellectual Freedom,” Florida Libraries: 38. “Corporate Personhood,” Wikipedia, July 8, 2016, https:// The Official Journal of Florida Library Association (Fall 2005): en.wikipedia.org/w/index.php?title=Corporate 24–27. _personhood&oldid=728871018. 47. “John F. Kennedy Quotations—John F. Kennedy Presidential 39. 94th Congress, 2nd Session, Intelligence Activities and the Rights Library & Museum,” accessed July 26, 2016, http://www of Americans, Book II (Washington, DC: U.S. Government .jfklibrary.org/Research/Research-Aids/Ready-Reference Printing Office, April 26, 1976), 178–79, 263., https:// /JFK-Quotations.aspx. www.andrew.cmu.edu/user/rp3h/lansberry/Church 48. Deborah Caldwell-Stone, “Filtering and the First Amend- _Committee_II.pdf. ment,” American Libraries Magazine, April 2, 2013, 40. “Library Awareness Program,” Wikipedia, February 19, 2016, https://americanlibrariesmagazine.org/2013/04/02 https://en.wikipedia.org/w/index.php?title=Library /filtering-and-the-first-amendment/. _Awareness_Program&oldid=705689838. 49. Union of Concerned Scientists, “The Truth about Florida’s 41. Charlie Parker, memorandum, December 21, 2015, “Memo- Attempt to Censor Climate Change,” Union of Concerned randum to the FLA Board; Florida Confidentiality of Library Scientists, April 2015, http://www.ucsusa.org/publications Records Law Changes.” /got-science/2015/got-science-april-2015. 42. Florida Library Association, “Discussion on the Possible Revi- 50. Jazzy Wright, “Over-Filtering in Schools and Libraries Harms sion to Florida Confidentially of Library Records Law, Section Education, New ALA Report Finds,” press release, June 11, 257.261,” June 17, 2016, https://attendee.gotowebinar.com 2014, http://www.ala.org/news/press-releases/2014/06/over /register/1181577351372683778. -filtering-schools-and-libraries-harms-education-new-ala 43. Catherine J. Ross, “An Emerging Right for Mature Minors -report-finds. to Receive Information,” Journal of Constitutional Law 2, no. 1 51. Mike Masnick, “Court Says National Security Letters Are (December 1999): 53, 223–75, https://www.law.upenn.edu Now Constitutional Under USA Freedom Act,” Techdirt, April /journals/conlaw/articles/volume2/issue1/Ross2U.Pa.J 22, 2016, https://www.techdirt.com/articles/20160421 .Const.L.223(1999).pdf. /16473934241/court-says-national-security-letters-are 44. American Library Association, “State Privacy Laws Regarding -now-constitutional-under-usa-freedom-act.shtml. Library Records,” May 29, 2007, http://www.ala.org /advocacy/privacyconfidentiality/privacy/stateprivacy. 45. Helen R. Adams, “The Privacy Problem,” School Library Jour- nal, April 1, 2011, http://www.slj.com/2011/sljarchives /the-privacy-problem/.

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Garden of Broken Statues: Exploring Censorship in Russia Author _ Marianna Tax Choldin Publisher _ Academic Studies Press, 2016. 188 p. Cloth (also available in paper and as e-book) $69.00. ISBN: 9781618115010 Reviewer _ Henry Reichman, California State University, East Bay

Memoirs by western scholars of Russia and the Soviet to Choldin’s more scholarly works, A Fence Around the Union have emerged in recent years as a mini-genre of ac- Empire, her 1985 now-classic study of tsarist censorship, ademic writing. Such works have common virtues. They for instance, or her many essays and reviews on Soviet li- depict, sometimes quite graphically, the many challenges braries and censorship. However, most readers, especially and trials experienced by Western researchers in Mos- those less familiar with Russian history and life, will still cow, Leningrad-St. Petersburg, and less accessible Russian find things to learn here. And, more important, all readers cities; they offer keen, sometimes heartbreaking, insights will enjoyably encounter and indeed come to know and into the daily life of Russians, mainly from the intelligen- admire a compelling cast of characters, Choldin’s family, tsia, both under Soviet and post-Soviet rule; and, through colleagues, and friends, as well as Choldin herself. the recounting of personal experience and at times painful The book’s title refers to what is now a museum-park life choices, they sometimes humanize their authors and in Moscow, where old Soviet monuments were dumped academic life itself in fresh ways. The tales repeatedly re- and later restored. Choldin visits it twice, once in 1997 counted in such works—of commodity shortages and the and again in 2013, and it becomes the book’s central met- smuggling of American cigarettes and blue jeans to Soviet aphor, with a series of “stops” around places evocative of friends, of the warm hospitality (and chilled vodka) of the the actual garden, which interrupt the text, mostly in the Muscovite intelligentsia in their cramped apartments, of introductory and concluding chapters. The technique is the professionalism and friendship of harried archivists, for clever, but it didn’t work for me; it seemed more distract- examples—have almost become clichés, even when indi- ing than illuminating. I became far more absorbed in vidual stories still hold readers’ attention. Choldin’s essentially chronological narrative—with multi- In most respects this engaging and readable memoir by ple digressions—of her life and career, from her childhood Marianna Tax Choldin is typical of the genre, no better as the intellectually precocious daughter of a prominent nor worse than most. But what distinguishes Choldin’s University of Chicago anthropologist to her mature rumi- from other such efforts is that the author is a universi- nations on Russia’s fate, religion, and, of course, libraries ty librarian and one of the world’s eminent (perhaps the and censorship. The story is usefully organized around a most eminent) historians of Russian and Soviet censorship. second metaphor, that of two “planets” between which In 2011, she received the Robert B. Downs Intellectual Choldin travels—both in reality and in her mind—her Freedom Award “for her extensive contributions to intel- American planet and her Russian planet. (There is also a lectual freedom over the span of her professional career,” gripping account of her two years as a young woman in most of which was spent at the University of Illinois at Bangladesh, which led to a nearly decade-long interrup- Champaign-Urbana. In 2005, the ALA honored her sig- tion in her focus on Russia, not to mention a harrowing nificant contributions to international librarianship. She tale of pregnancy and childbirth with twin daughters.) was also the third recipient of Russia’s prestigious Pushkin Blessed with a facility for languages, Choldin is in Medal for extraordinary contributions to Russian culture. many ways a truly international figure. She began as a (I should note that Choldin, who is nothing if not modest, Germanist, then learned Russian, picked up some Ben- does not tout these richly deserved honors in her book.) gali, and is capable in French (and perhaps a few other Informed readers seeking to learn more about either li- languages) as well. Hence a cosmopolitan spirit suffus- brarianship or censorship might be better advised to turn es these pages. Her thinking, she recognizes early on, is

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characterized by three components—“tolerance for people anticlericalism becomes an important, if secondary, theme different from myself, the rejection of controls on thought in her scholarship. and expression, and my intense interest in a communi- Finally, it would be wrong not to recognize the im- ty’s history as expressed through tangible symbols.” In her portant role played in Choldin’s life and work by her hostility to what she calls the “omnicensorship” of the “sister-friend,” the extraordinary Russian librarian Katia tsars and, especially, their Soviet successors, Choldin thus Genieva, to whose memory the book is dedicated. Chol- articulates a classically liberal vision. din’s work and life with Katia is a continuing theme (Ge- She is, however, conscious as well of the dangers posed nieva’s entry is by the far the longest in a disappointingly by less authoritarian means of controlling free expres- limited index of proper names), but Katia also receives her sion. “Here’s my understanding of American ‘censorship,’ own chapter. Indeed, in many respects Choldin’s work— a word that remains in quotes because I remain uncon- what one might call her “activist” scholarship (Choldin’s vinced that it is the right term for what we do,” she writes. father, Sol Tax, was famous for creating “action anthro- “I have no name for our kind of ‘censorship.’ I tend to pology”)—really begins in the early 1990s when she and think of it as ‘from-the-bottom-up challenges,’ which isn’t Genieva agree to mount jointly a major international li- very elegant.” I think Choldin may be a bit naive about brary exhibition on Russian and Soviet censorship. This the extent of “top-down” censorship, even in the western led to Choldin’s later work with George Soros’s Open “free market of ideas,” but this is not her main concern Society Institute and as director of the University of Il- and it would be churlish to fault her too strongly for this. linois’ Mortensen Center for International Librarianship, Somewhat surprisingly, at least to this reviewer who in which roles she visited some twenty-five countries to has not had the pleasure of knowing Choldin personal- promulgate the core principles of intellectual freedom in ly, is her extraordinary concern with religion, from her libraries. secular Reform Jewish upbringing and the role played in I wish Choldin had written more about the substance her mind by the specter of the Holocaust to her growing of that work, its successes and failures. Instead, Chol- interest in and respect for the Russian Orthodoxy of her din spends much of the book on periods before she could closest Moscow friends. Though she (and her friends) em- travel regularly to Russia. (Choldin recalls more than fifty brace ecumenism, Choldin never loses her connection to separate visits to Russia, most of them after the 1991 So- her Jewishness and her broader spirituality. Several of her viet collapse.) But this is a more personal volume, a work closest Soviet friends are converts from Judaism to Or- of an elder stateswoman looking back to make sense of her thodoxy, which she freely acknowledges makes her “un- entire life for the enlightenment of those who follow. It is comfortable,” even as her rational side affirms that “every worth reading just to get to know Marianna Tax Choldin, individual should have the right to espouse any religion he a fascinating woman and an exceptional librarian with a or she chooses.” Hence, hostility to Soviet-era atheism and memorable circle of colleagues, family, and friends.

On the Burning of Books Author _ Kenneth Baker Publisher _ Unicorn , 2016. 266 p. $40. 978-1-910787-11-3 Reviewer _ Professor Robert Ridinger, Social Sciences and Area Studies Librarian, Northern Illinois University

The image is unmistakable—pages of printed or hand- to the lives of authors, their heirs and executors. Publish- written words reflecting the sustained thought processes ing within the history of the book on book burning (a of the author being taken (sometimes forcibly ) from the somewhat inaccurate term, as the practice has frequently security of desks, personal bookshelves, libraries, archives, been applied to unpublished letters and draft manuscripts royal palaces and places of worship among other locales as well) often takes the form of examining specific cases and unmade by fire. The hands that feed the fires are driv- (such as the eradication of “Un-German” literature by en by a wide range of motivations, and the events them- the Nazis and the thirteenth century trial of the Talmud selves are often chronicled as merely one part of a broader in France) or reviewing a defined group of centuries to historical narrative of social change or stand as footnotes trace the application of and justification for the practice.

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Kenneth Baker’s On the Burning of Books departs signifi- through mischance, with the most spectacular case noted cantly from this, both through its thematic structure and being the burning of Parliament in 1834 and the loss of its accessible approach to the subject. the records of the House of Commons. The idea of “roy- The author (a British peer and former home secretary) al burning” is centered exclusively on incidents involving introduces the volumes with a thoughtful consideration of members of the British royal family from the eighteenth the idea and occurrence of book burning, clarifying the to the twentieth century, including Queen Victoria, while main features of its history for both general and special- the final category of “lucky escapes” has among its varied ist readers, and then relates the growth of his own aware- actors dustmen, poets who misplaced their works in man- ness of the practice. The main body of the work is divided uscript multiple times, and a wide range of writers from into sections covering political burning, religious burning, Robert Louis Stevenson to Franz Kafka, Dylan Thomas, war burning, personal burning, accidental burning, royal and C. S. Lewis. burning, and some lucky escapes. The first two catego- Through a deft combination of illustrations (both color ries are perhaps the most frequently associated with book and monochrome) and extensive use of quotations from burning in the public mind, while the third focuses on in- primary documents, many of them not easily accessible, stances of book destruction occurring during wartime but each example is set out with cogent attention paid to its not done as a part of a campaign of censorship. An exam- political, cultural, literary, or religious contexts. Dis- ple of this is the damage done to the Library of Alexandria cussion also explores the often complicated roles of kin, by Roman legions. The image of the writer as a fervent friends, lovers or employees who, while named as execu- proponent and defender of his or her work and ideas al- tors with instructions to incinerate specific items or sec- most precludes the notion that they would give their own tions of an individual’s written creations, sometimes failed words to the fire, yet many of the examples given in this to completely eradicate the targeted texts. In other cases, section show authors engaged in deliberate management of the executors displayed a dogged persistence in tracking their legacies so as to present a desired image to both the down offending letters or manuscripts, sometimes per- contemporary pubic and posterity. Perhaps understand- sisting for years or a lifetime. The brief index provides ably, given the author’s nationality, many of the examples access by subject, personal names, and the titles of works. given of personal burnings come from the pool of leading A colorful and accessible work suitable for augmenting the literary figures of nineteenth century Britain. The cate- intellectual freedom collections of public, college and uni- gory of accidental burning covers the loss of manuscripts versity libraries.

Which Side Are You On? Seven Social Responsibility Debates in American Librarianship, 1990–2015 Author _ Elaine Harger Publisher _ McFarland, 2016. 236 pp. Paper. $25.00. ISBN 978-0-7864-9455-2 Reviewer _ Martin Garnar, Dean, Kraemer Family Library, University of Colorado Colorado Springs

Many people would not associate the governing body of of the profession. Regardless of the topic, the final lan- a professional association of librarians with high drama. guage of an approved resolution rarely captures the emo- However, the council of the American Library Associa- tions expressed in these debates. Using seven such debates tion (ALA) has been the venue for some rather conten- from the last twenty-five years, Elaine Harger provides tious debates. These livelier sessions are usually related a first-person perspective on controversies including the to proposed resolutions related to some aspect of social ALA-produced film The Speaker, anti-apartheid boycotts, responsibility and libraries. The debate may focus on censorship in Israel and the Occupied Territories, McDon- whether the issue at hand has a strong enough connec- ald’s, the Boy Scouts of America, Edward Snowden, and tion to libraries or librarianship, or it may be about how climate change. strong the argument regarding the issue can or should be Harger, a long-time member of the ALA’s Social Re- in light of political concerns, whether it’s related to fund- sponsibility Round Table (SRRT) and a former council- ing, legislation affecting libraries, or the general reputation or, is well-positioned to share the perspective of SRRT

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members on these debates as well as to explain the work- This may seem like a minor point, but when framing the ings of Council, which can seem quite arcane to the un- importance of social responsibility in the library profes- initiated. For each debate, Harger also provides the con- sion, the erroneous reference to social responsibility’s place text of the external situation. For example, in the case of within the mission statement has the impact of elevating it the anti-apartheid boycotts, she first looks at U.S. librar- above the other core values with which social responsibil- ians’ responses to racism in the Jim Crow period, then ity is occasionally in conflict. Additionally, there are some turns to a brief history of South Africa’s reaction to the errors in the book, such as the wrong date of the Gay, Les- inclusion of human rights in the United Nations Charter bian, Bisexual, and Transgender Round Table’s separation before discussing the Sharpeville Massacre that drew in- from SRRT (10) and the claim that SRRT “has long been ternational condemnation and provoked the first econom- ALA’s largest round-table” (20), which has not been true ic sanctions. With this background, Harger then turns to since 2009, thus potentially overestimating the influence the cultural boycotts that ultimately led to the fight with- that SRRT currently has within the association. However, in ALA on whether books and other materials should be the latest figures do show a trend of increasing member- exempt, and examines the arguments presented by both ship, though they would have to see significant continuing sides through analysis of meeting minutes and transcripts growth to regain the top spot. from ALA units and groups. Finally, she weaves threads of Though these minor errors can distract the reader into critical theory into this chapter and throughout the rest of wondering if other facts in the book are correctly stated, the book, looking at the power structures within ALA and the greater concern with Harger’s approach is when she their impact on each debate. speculates about the motivations of various members of The title of the book signals the tone of the author’s ar- ALA, as these can begin to cross the line into ad hominem guments, which are clearly based on her strongly held be- attacks. When she recounts the admittedly frustrating use liefs on these social issues: you are either with us or against of parliamentary procedure to substitute a watered-down us. As the blurb on the back cover of this book leads off resolution for one that had already been adopted by coun- with “shattering any idea that librarianship is a political- cil, she suggests that perhaps the mover of the substitute ly neutral realm,” so must this reviewer acknowledge that resolution “wasn’t quite awake” when the original resolu- writing an objective review of this book has been chal- tion was passed (155). When she notes that one councilor lenging. This reviewer’s formative experience within ALA voted in support of both the original and substitute resolu- was with groups connected to the Office for Intellectu- tions, she states that the councilor “simply abandoned her al Freedom, including the Intellectual Freedom Com- conscience” (168). These are just two examples of a trend mittee and the Intellectual Freedom Round Table, and is that becomes more apparent in the book’s later chapters. currently serving the latter group as its representative to Harger’s arguments would have been stronger if she had the ALA council. Not surprisingly, this reviewer doesn’t let the actions of the council speak for themselves. Instead, always agree with Harger’s characterization of the actions by including the names, statements, and votes of numer- of his colleagues and of other members of the association, ous councilors obviously not on her side, and by providing but he respects her commitment to her ideals. Having said commentary clearly disapproving of their actions, the au- that, the author made some assertions that, in this review- thor appears to be more interested in shaming those coun- er’s opinion, weaken her arguments. cilors. Perhaps that’s the point, as there are few options left In her introduction, Harger quotes an important state- to oppose hegemonic power when it’s being used to over- ment on social responsibility from the ALA Policy Man- turn the democratic process, which this reviewer believes ual’s introduction, but says it comes from the association’s to be an accurate description of how Harger would view mission statement. However, the actual mission statement what happened with the Snowden resolution. is as follows: “The mission of the American Library As- Ultimately, Harger has succeeded in providing an in- sociation is to provide leadership for the development, sider’s view, albeit just one of multiple perspectives, of the promotion, and improvement of library and information politics and principles at stake when issues are debated services and the profession of librarianship in order to en- on the ALA council floor. The story of these debates told hance learning and ensure access to information for all.” through official ALA records is greatly enhanced by the Later in that section of the Policy Manual, social re- author’s viewpoint. For a complete picture, we must wait sponsibility is listed as a core organizational value, along for someone from the “other” side to weigh in with their with eight other values including intellectual freedom. behind-the-scenes account of the same debates.

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LIBRARIES “I can tell you that it was that par- compromise that kept the books in cir- Oklahoma City, Oklahoma ticular situation that caused me to get culation, he disagrees with the place- For ten years, the Metropolitan Li- off the board. I’m one of the ones that ment of LGBT-themed books in a brary System, which serves the Okla- wanted to pull the books altogether category that includes topics such as homa City metro area, has placed a because of my Christian beliefs,” said sexually deviant behavior and drug group of children’s books with sensi- Cynthia Trent, who served nine years abuse. tive subject matter into a smaller, ele- on the commission. Trent said she still “They singled out one class of peo- vated section. The section, known as believes books dealing with LGBT ple,” he said. “Everything else on that “family talk,” includes books on drug issues should be banned from the chil- list was a medical condition, a sub- and alcohol abuse, sexual abuse, in- dren’s section. stance abuse issue, but you’ve got one carceration, mental illness, death and “It’s not because I have anything class of people that are singled out. It divorce. against those folks that have that kind identifies the entire LGBT community Another theme that finds itself in of a lifestyle, it’s that children that with sex, and I think that’s the biggest this category are books dealing with young don’t have any business being problem. I think that any book, any LGBT issues, like Heather Has Two faced with that type of book, unless material that has to do with sex should Mommies and King and King. Now, a they’re in that type of family,” she said. be in a place that a kid doesn’t have local LGBT rights advocacy group Two years after the policy was ad- easy access to it, but to say the entire plans to ask the Metro Library Com- opted, commission member Ralph LGBT community is only defined by mission to revisit the policy and con- Bullard introduced an amendment sex is clear discrimination. It denies us sider amending it to remove LGBT that required the family talk section our humanity.” children’s books from the family talk be placed at least five feet from the Stevenson said he plans to appeal section and place them in general ground. to the commission at their October circulation. “When I came on the commission 12 meeting to remove LGBT-themed Relegating these LGBT books to there was a lot of interest in the com- children’s books from the family talk the special section creates an un- munity that certain books were not section and allow them to be shelved as necessary and outdated stigma, they really books that they thought children any other children’s book would. Re- contend. should be reading,” Bullard said. ported in: The Oklahoman, October 11. The policy began in 2006, after a Bullard, a retired educator and for- group of parents, commission mem- mer headmaster of a private Christian Accomack County, Virginia bers, and lawmakers raised concerns school, said while he believes books The classic novels The Adventures of about the availability of books for with LGBT themes have no place in Huckleberry Finn, by Mark Twain, and younger readers that dealt with ho- the children’s section, if the current To Kill a Mockingbird, by Harper Lee, mosexuality in the children’s sections commission reconsiders the policy it are no longer temporarily banned within the library system. will reflect the people it serves. from Accomack County schools. Janet Brooks, the system’s material “Just on a personal basis, I think that Use of the two classics was sus- selection manager, said the family talk whole issues and homosexuality and all pended in Novemer after a parent section was seen as a compromise. “We the different versions it’s moved into, raised concerns about their use of the didn’t want to have this material in a transgender and changing sexes and N-word. Combined, the two books locked room,” she said. Or removed same sex marriage and all those things use the N-word more than 250 times. altogether. Placing them in a separated that come from homosexuality and it However, the books’ final fate re- section allowed parents to have more being morally correct or immoral, is mained undecided. control over when to introduce their much more widespread now,” he said. “We agree that some of the lan- children to the subjects placed there. “If I were at the library myself, I’d be guage used is offensive and hurtful,” “We preferred thinking of it as a more restrictive for sure, but it’s a pub- said Ronnie E. Holden, chairman of place for responsibility for parents, lic library and it’s reflecting the inter- the board. “Fortunately, Accomack not a place to hide it,” she said. The ests of the public that exists.” County’s excellent teachers and media discussions grew tense at times, those While Troy Stevenson, with Free- center specialists have a wonderful tal- involved said, but in 2006 the commis- dom Oklahoma, an Oklahoma City- ent for conveying the bigger meanings sion approved the policy. based LGBT rights advocacy group, and messages of literature, including applauds library staff for finding a these two seminal works.”

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At a November 15 school board were reinstated during a December 6 “I have to opt my child out of li- meeting, Marie Rothstein-Williams, work session. brary to ensure that he isn’t exposed to the woman who made the complaint, Dozens of local residents gathered this,” said a frustrated Lopez. said her son struggled to read the rac- December 5 to protest the ban. Charles She said later the librarian agreed to ist language, telling the Accomack Knitter, a parent who attended Acco- try to “shoo” her son away from the County public schools board, “There’s mack County Public Schools, orga- graphic novel. The book was put back so much racial slurs and defensive [sic] nized the gathering. He calls the ban on the shelf for other students to check wording in there that you can’t get past “a terrible injustice” and says both nov- out. that.” The challenge also appears to els condemn racism. The Issaquah School District is be motivated by the current political Reported in: wavy.com, November investigating the complaint and said landscape in the United States, as the 30; DelMarVa Public Radio, Decem- there is a process for parents to ask for a mother told the board, “Right now, ber 5; DelMarvaNow.com, December “reevaluation of materials.” we are a nation divided as it is.” 6, 9, 15; The Guardian, December 5. “I certainly sympathize with this “I keep hearing ‘This is a parent. She is trying to do the best for classic, this is a classic,’” said Issaqua, Washington her child. If she feels there is inappro- Rothstein-Williams. “I understand this An Issaquah mother said her son priate material I certainly understand is a literature classic, but at some point brought home a graphic novel from her desire to protect her child from I feel the children will not or do not school that is pornographic. Shir- that,” said L. Michelle, Issaquah School truly get the classic part, the literature ley Lopez said her fourteen-year-old District spokesperson. “She can fill part—which I’m not disputing this is checked out the book from the Is- out the form and I’m confident in that great literature—but there is so much saquah High School library. Lopez process.” racial slurs in there and offensive word- said Mangaman, by Barry Lyga, had Lopez plans to challenge the book. ing that you can’t get past that.” sexual content she found inappropri- “I don’t want to control anybody. I just As a committee had yet to discuss ate for her son who is a freshman. want to send my kid to school and feel the future of the books, a permanent “I don’t want to send my child to he is safe,” said Lopez. Reported in: ban had not been placed on them. school and have him come home with kiro7.com, October 27 However, they were removed from this,” said Lopez looking through the classrooms in the district, a move the book. “These are sexual images, they SCHOOLS National Coalition Against Censorship are naked images, they are naked and Santa Rosa, California described as “particularly egregious.” sexual. I don’t want my kid to be feed- Gutless, by Carl Deuker, was pulled A policy update disallowing chal- ing his mind with that.” from Jay High School’s Celebrate Lit- lenged books from being suspended Lopez glanced through the book eracy Week reading list after some from libraries and classrooms during her son brought home. On page 86 parents questioned its content, accord- review had been approved by the Ac- she found a drawing of the character, ing to Santa Rosa County Director of comack County School Board in May, Ryoko, with his pants down about to High Schools Jason Weeks. according to Chairman Dr. Ronnie E. have sex with Marissa, a woman who Gutless tells the story of a Seattle Holden. is wearing only underwear. The man’s high school student, Brock Ripley, “What we found was that we had penis is digitized. The page ends with balancing his football aspirations with approved two policies in May. The the pair choosing not to have sex. a friend the team’s quarterback doesn’t policy was not updated in the poli- Shirley Lopez contacted adminis- like. The book features themes of bul- cy manual. What we’re doing is going trators at Issaquah High School and lying, overcoming failures, family ill- back and making sure all policy has expressed her concern about the book ness, and growing up. Weeks said par- been updated,” said Holden. being available in the school library. ents objected to pieces throughout the The updated policy states that chal- She said she was told for her son to book they felt were inappropriate. lenged books “shall not be proscribed just stay away from the book. When “The longest set together is about or removed because of partisan or doc- she told school staff she didn’t think three pages of things that are not ap- trinal disapproval,” but the board fol- that was possible, she said their solu- propriate,” Weeks said. “It’s more lowed a previous policy and removed tion was for him to stay out of the about body parts and things like that the books on November 29. The books school library. that shouldn’t be being discussed. It’s inappropriate in that nature.”

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The following is a passage from stand up to evil is essential, far more Enfield’s drama club director Nate the book describing a girl, Suzanne important than physical courage on an Ferreira responded to Armstrong’s Friend, who was in special education athletic field. The teachers would have plea that “the show must go on” in an classes: “Then, in middle school, she used the book to take on the topics of interview with The Hartford Courant. got breasts. She got them before any bullying and abuse of power. “It wasn’t the school board as he of the other girls. Beautiful breasts. “A part of me does, I’ll admit, thinks that forced us to not do the Movie star breasts.” The passage con- sympathize with parents. They want show,” Ferreira stated. “It was a de- tinues to describe the movement of to keep their children young and cision that the principal and I arrived her breasts and how boys reacted to innocent—fourth-graders for life. But at together because there were some them. Peter Pan and Wendy aren’t real. Their kids in the group whose parents didn’t “Other girls didn’t like being stared junior high ‘children’ are no longer want them involved.” The high school at, but Suzanne did,” the passage said. children, but are now young adults. will perform Little Shop of Horrors in- “Probably it was the first time anyone Reading Gutless would have been good stead. Reported in: Rolling Stone, Jan- paid attention to her, the first time she for them.” Reported in: Santa Rosa uary 26. had anything on the other girls.” Press-Gazette, February 2. “She shook them for lots of guys,” Mystic, Connecticut the narrator continued. “Every time Enfield, Connecticut A controversial move to take a be- she did it for me, I felt guilty. I never Billie Joe Armstrong, lead singer of loved book off a reading list has once asked her to do it, and she seemed the band Green Day, penned a pow- parents at one Connecticut school to like it, but watching her didn’t feel erful response to a Connecticut high confused and upset. George Orwell’s right.” school’s decision to call off a pro- Animal Farm, a popular book for stu- Weeks said he, Jay High Principal duction of the musical American Idiot, dents to read, was taken off the main Stephen Knowlton, and Superinten- based on the Green Day album of the reading list at Mystic Middle School. dent Tim Wyrosdick agreed with the same name. Armstrong challenged “Nobody knows why it was taken parents’ assessment of such content. the cancellation, arguing that the high off the list,” said Dan Kelley, whose “Mr. Knowlton met with every- school’s choice to not host the pro- son is a seventh grader at Mystic Mid- one that wanted to meet with him and duction is an issue of censorship. dle School. He was astonished that the listened to their concerns and took the “I realize that the content of the book was removed. appropriate action,” Weeks said. Broadway production of [American Id- School Superintendent Van Riley District staffers are reviewing how iot] is not quite suitable for a young- said the decision was made two years educators missed material parents er audience,” Armstrong wrote in an ago to change the curriculum, which would find objectionable. “That pro- Instagram post addressed to the Enfield included moving Animal Farm off the cess had a gap in it and we will make High School board. “However, there is list of “core books for eighth grade,” sure it doesn’t happen again,” Weeks a high school rendition of the produc- but it remains on a secondary read- said. “Neither Mr. Knowlton nor tion, and I believe that’s the one En- ing list. Riley said teachers made that the district supports the inappropri- field was planning to perform, which is choice because different instructors at ate pieces of that book. There was no suitable for most people. It would be a the middle school level were using dif- disagreement about that. . . ; We care shame if these high schoolers were shut ferent material, creating an advantage about the community values and we down over some of the content that for some in high school. want to make sure our folks under- may be challenging for some of the A middle school English teach- stand it.” audience.” er, who had long used the book, was “I’m naturally sorry that Gutless Enfield High School cited sex, upset about the change and let parents was pulled,” Deuker said. “In context, drugs, and foul language as the reason know about it. It grew on social me- Gutless is moral to the core—maybe why the show was cancelled. “The dia and now many are questioning the to the point of being too preachy. The bigger issue is censorship,” Armstrong reasoning. characters that abuse power are, by the continued in his note. “This produc- Riley stressed the book is not last page, revealed as moral cowards— tion tackles issues in a post-9/11 world, banned by any means, but is no longer despicable people. The main character and I believe the kids should be heard an “anchor” book. “We love the book, learns through the course of the novel and most of all be creative in telling a it’s a great book,” Riley said. Reported that developing the moral courage to story about our history.” in: kabc.com, February 2.

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Marion County, Florida Now some parents want eight ad- issues, regardless of the literature. I A group of parents say they’re up- ditional “X-rated” books banned from don’t care if it’s from Dickens or who set about a book their children have advanced English classes. At a Novem- else,” he said, in summary. to read in English class that contains ber 21 meeting, mothers Laura Reigle The God of Small Things is a debut a racial slur. “It was something I was and Mary Kay Fessler, along with oth- novel described as a coming-of-age shocked to hear,” parent Tanya Walk- er “parents and community members,” story of two separated fraternal twins er said. The book, The Land, has the urged the Lemont School Board to pull in India who meet again as adults. N-word and the teacher reads it out Maya Angelou’s 1969 autobiography, I Each of their childhoods is affected by loud in class at Forest High School, Know Why the Caged Bird Sings, off of current events in India such as state parents said. school reading lists. communism, the caste system, and The book follows an African Amer- In addition to her problems with arranged marriages. Shortly after the ican man during the late 1800s. Angelou’s classic, Reigle—who is book was released, Roy was sued in “That word is a horrible word in the mother of a Lemont High School her home state of Kerala, India, on ob- our vocabulary and it’s something that junior—also published a complaint scenity charges. we don’t use on a regular basis,” said against seven other “pornographic” “Any writer can be harassed in this Kevin Christian, with the Marion books on the high school’s English way,” Roy told the New York Times County School District. Christian said curriculum, which she claims “contain in July 1997. “It comes to the point the teacher is able to teach and read the sex, murder, suicide and homoerot- where one citizen can hold literature to book out loud as long as it’s inside the icism.” They are, in addition to The ransom.’’ educational confines of a classroom. God of Small Things, The Lovely Bones, According to the superintendent “To say we’re not going to use by Alice Sebold; Thirteen Reasons Why, and a district spokesman, the Roy this book because it upsets you and by Jay Asher; A Separate Peace, by John novel slipped through the curriculum it doesn’t upset me or vice versa, I’m Knowles; After the First Death, by Rob- approval process in error. New curric- not sure that’s a valid argument; to ert Cormier; All the Bright Places, by ulum items are supposed to be public- take a piece of highly respected and Jennifer Niven; and Go Tell it on the ly displayed by the board for a period award-winning piece of American his- Mountain, by James Baldwin. of time and then approved by a vote of torical literature out of the classroom “I think it was a big, huge wake- the board. and never expose students to that,” up call for parents who are question- “Unfortunately, with The God of Christian said. Reported in: wftv.com, ing the school’s activities and looking Small Things, this process was not fol- October 3. at their actions and not trusting them,” lowed. The book was introduced into said Reigle. She said she thinks the se- our curriculum without approval of Chicago, Illinois lection of curriculum materials should the board of education,” wrote Tony After a prize-winning novel was be more transparent. Hamilton, D210’s director of school yanked from the classroom at Lemont Resident Rick Ligthart came with and community relations, in an email. High School District 210, parents are a prepared statement of changes he The district will use this experi- saying other books on the reading list wanted in the district’s policy. “Re- ence as a “springboard to review all are too racy to read. gardless of the books, I’m recom- materials that are used in our English The school pulled Booker-prize mending to the board that no litera- classes—regardless of how long they’ve winning novel The God of Small ture whatsoever be inclusive of literal, been a part of our curriculum—to en- Things, published in 1997 by Arund- metaphorical, figurative or allegorical sure they are appropriate for our stu- hati Roy, from the reading list of the words for male or female genitals,” he dents,” he added. Academic English II class, because the said. Identifying himself as a former The school has also implemented a book “contains subject matter in some tenured school teacher he said, other permission-slip policy that would al- sections that is not appropriate for our than exceptions for state-mandated sex low parents to opt their children out students,” wrote Principal Eric Mi- ed, “English classes should not be in- of reading I Know Why the Caged Bird chaelsen in a November 2 email to par- volved in sexuality in literature for our Sings. But Reigle and Fessler don’t be- ents. “The questionable passages were kids. It shouldn’t be in any books. No lieve the opt-out policy is fair. not assigned for students to read. The books.” Fessler said her “kid would . . . be books have been collected and will not “We can’t have eighteen-year-olds ostracized and read different mate- be used again,” Michaelsen wrote. reading about masturbation or sexual rial somewhere else” if she did not

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approve of a book, and Reigle said the In a letter to school administra- honestly I’m not entirely sure what permission slips would coerce par- tors the National Coalition Agaiknst she’s taking offense with,” Bruel said. ents into signing in order to avoid the Censorship (NCAC) wrote: “While a Other parents at the school like Aman- “exclusion” of their children from the school may follow a viewpoint-neutral da Knapp don’t think the symbols are classroom. Reported in: Cook County policy of approving student posters a big deal. Chronicle, November 29; bustle.com, for display, school administrators may “I think that parents nowadays December 6. not remove or refuse permission to are way too sensitive and that ex- display a poster only because of its real posure teaches children and if your Carmel, Indiana or perceived potential to offend. In- child knows not to use those words, it It should have been simple. It should deed, if offense were used as a justi- shouldn’t be an issue,” she said. have been a moment for teaching. In- fication to suppress political expres- Ohman’s mother said the teach- stead, when a Carmel High student sion, discussions on polarizing societal er told her the book would be pulled apparently complained about a poster issues such as immigration, terrorism, from the assignment. promoting adoption over abortion, a religion, contraception, marriage, and Clark County School District says work created by a group of pro-life race would be purged from our high it reviews all formal complaints about students and displayed with permis- schools.” educational materials, but no such sion on a cafeteria wall, school admin- Suppressing such discussions would complaint has been filed for this book. istrators went in the opposite direc- undermine one of the core goals of Reported in: ktnv.com, November 17. tion. They had the poster removed public education: to encourage civic and destroyed. engagement and develop students’ crit- Cherry Hill, New Jersey In November, which is National ical-thinking skills. Reported in: Indi- Cherry Hill High School East stu- Adoption Month, student members of anapolis Star, December 15; ncac.org, dents of all races made a passionate a school-approved club called Carm- December 20. plea to school officials January 24 to el Teens for Life created a poster that allow the musical Ragtime to hit the featured 300 paper hearts and the word Henderson, Nevada stage without removing several racial abortion edited to read as adoption. A A book assigned in a Henderson ele- slurs. Carmel High administrator then ap- mentary school has some parents furi- More than one hundred people proved the sign, and the students dis- ous. Bad Kitty for President is a chapter packed a Cherry Hill School Board played it in the cafeteria November 17. book more than one hundred pages meeting to press their case on whether But the next day, the poster was taken long meant to teach children about the N-word should be used in the up- down and trashed, reportedly after a America’s electoral system. On page coming production, the school’s spring student complained that others were 76, talking about money in a cam- musical. There were cheers, tears, and offended by the message. paign, it says “A billion dollars! Holy angst on both sides of the issue, which On December 5, a Christian legal %#@ $.” brought national attention from Broad- defense organization, Liberty Coun- Fenix Ohman, a third grader at way stars, people affiliated with the sel, notified Superintendent Nicholas James Gibson Elementary School, reads arts, and civic groups weighing in. Wahl that it would sue if the district the symbols, and his mind jumped to a Ezra Nugiel, a white student who didn’t reverse its decision to stifle the word that needs a *bleep*. Pages later, plays a character in the play who utters students’ free speech rights. Then, four the symbols show up again. Ohman the N-word several times, was among days after Liberty Counsel’s letter was says he read those as the F-word. several cast members who asked the sent to the superintendent, the student “My reaction was of complete South Jersey district to rescind a deci- leaders of Teens for Life were told to shock,” said Sonya DeRossi, Ohman’s sion announced a week earlier banning sign an agreement barring them from aunt. “I’ve had four children in that el- the use of the N-word. communicating with outside agen- ementary school. My job as a parent is “I don’t say it [the N-word] happily, cies without approval from the club’s to keep my child innocent as long as I but I know I have to,” Nugiel told the staff sponsors. The sponsors also would can but if I’m fighting the schools what board, which has two minority mem- have to sign off on parental involve- chance do we have?” bers. “We want to hear these words to ment with the club as well as any stu- The author of the book, Nick Bru- not let history repeat itself.” dent communication about the group’s el, believes the symbols are vague and Cedric Middleton, a black student activities. unharmful. “She can take offense but in the play, also supported using the

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script unaltered. “I fully understand “Those are zeroes that we proud- I’m very unhappy about the board for the feelings of discomfort,” he said. ly took and we will not compromise,” apologizing to the staff because it is a “Ragtime is how we get through such Edmisten said. teacher’s discretion,” Edmisten said. ugliness.” Some of the assignment questions “That’s why I’m going to continue the Carey Savage, vice president of the were “Islam’s holy book is called the fight.” Camden County East Branch of the ______,” “List the five pillars In November, Edmisten formally NAACP, also made an emotional ap- of Islam,” and, “After the death of asked the school system to remove My peal, saying civil rights leaders don’t Muhammed, did the Muslim empire World History. Making her second ap- “need to be refreshed on what racism is spread or get smaller?” pearance before the board in as many by the unfettered use of this word.” Edmisten is adamant that her months, Edmisten, is now represent- “You can’t call me the N-word and daughter’s “personal religious be- ed by Freedom X, a California-based, then tell me it’s art. I don’t care what liefs were violated.” She is, there- self-described conservative Christian your rationale is,” said Savage, of Voor- fore, adamant in her demand to get group with a website that says it fights hees, a retired school administrator. My World History, published by Pear- Islamic indoctrination in U.S. schools. “I’ve been through too much for that.” son, removed. “I would like to see the “This will not go away. I will not go The school board took no action on Pearson book yanked from the school away,” Edmisten told the board. the controversy during a meeting that immediately. I would like to see par- “I want the book removed imme- lasted several hours. ents, Christians, veterans, anyone that’s diately,” Edmisten said. She lamented Superintendent Joseph Meloche said anyone, stand up for this fight.” that Bible verses were removed from the district has contacted Music The- “How can I, as a Christian, say that a wall at Indian Springs Elementa- atre International, the leading theatri- I have these values? And I want to in- ry School and said that Tennessee law cal license agency, which must approve still these values in my daughter, but prohibits discrimination against a reli- any changes to the script. Without then say it’s OK, go ahead and do it,” gious viewpoint and voluntary expres- authorization, the district would be she wonders. sions of faith-based views. “at a crossroads to determine whether Director of Schools Evelyn Rafa- The Tennessee state board of ed- to move forward with the show in its lowski and Board of Education Chair- ucation is currently reviewing draft original form or to pursue other op- man Michael Hughes said the system is seventh-grade standards, which would tions,” he said. Reported in: Philadel- exploring a religious accommodation remove a section on Islamic history phia Inquirer, January 25. option since there is no “opt out” al- from 400 to 1500 but retain mentions lowed in Tennessee. of Islam in other sections. Until and Blountville, Tennessee At the close of the board meeting, unless the standards change in 2019- A Tennessee mother has launched a board member Mark Ireson made a 20, Hughes said Sullivan County must campaign against textbooks used in motion to remove the textbook imme- follow the law and standards “whether the local school district for teaching diately “because it does not represent we like it or whether we don’t.” Re- about Islam as part of the curriculum. the values of the county.” However, ported in: Kingsport Times-News, Oc- Michelle Edmisten wants the Sul- after Ireson’s motion, school system of- tober 4, November 7; carbonated.tv, livan County board of education in ficials said there is a textbook removal October 6. Blountville to remove a seventh-grade policy in place that is to be followed, textbook from the course because it including the parent filling out a form Cumberland County teaches basic lessons about Islam. and the formation of a committee on Schools, Tennessee “It is time as parents, teachers, and the matter, and that the matter could John Green’s young-adult novel Paper administrators, we stand up and take be addressed at a future called board Towns was returned to library shelves back our families, our schools, and our meeting. in Cumberland County Schools after country,” she told the school board. “We support our faculty and our a reconsideration committee rejected She added her daughter felt some as- staff,” said Hughes, who also said he a parent’s request that it be removed signments about Islamic beliefs violated has issues with the Pearson textbook. from all schools in Cumberland her Christian beliefs, so the student “This debate over the textbook has County. The parent filed a request for refused to do some of the school work nothing to do with the faculty.” reconsideration after her daughter, a and failed those assignments. However, Edmisten disagreed. “I’m seventh-grade student at Brown El- very happy (with Ireson’s motion). ementary School, checked it out and

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brought it home from the Brown Ele- The parent, who was not present for “That can also send the message mentary School library. the committee meeting, has the option that bad things can happen when you The parent told school officials she to appeal the decision of the commit- stand up for something,” Fanning did not want the book to be available tee. Reported in Crossville Chronicle, said. to any students of any age and believed March 10, 2016. Both books appear on national read- it only appropriate for adult audiences. ing lists and have won multiple literary She said there was nothing good about Argyle, Texas awards in children and young adult the item and believed the theme was Several parents spoke out against two categories. “teenage party life.” required readings during an Argyle “One of our sixth-grade teachers “She said she would like it removed school board meeting in September, taught one of the books for four years from all the schools,” said Stephanie citing disturbing and inappropriate at another district,” Wright said. The Speich, principal at Brown Elementary. content. The two books in question, alternative book to the assigned read- The report issued by the reconsid- Trash, by Andy Mulligan, and Iqbal, ings is I Am Malala, an autobiography eration committee reviewing Paper by Francesco D’Adamo, are in this about a girl who stood up to the Tal- Towns noted that the book was not year’s sixth-grade lesson plans to pro- iban, was shot in the head at point- used in classroom instruction, has a mote cross-curriculum reading, dis- blank range and lived to tell about it. UG (Upper Grade) label to notify trict officials said. If parents still aren’t satisfied, Wright students about its reading and matu- “The readings go along with world said, they can discuss an alternative rity level, and that it was purchased cultures and social studies,” Argyle Su- assignment with their child’s teach- following student requests that it be perintendent Telena Wright said. er and principal. Reported in: Denton made available through the school li- But for the six parents who spoke Record-Chronicle, September 20. brary. It has won a literary award and during an open forum, the content and has been made into a popular film. In language were too graphic for their COLLEGES AND deciding to retain the book, members elevent- and twelve-year-old children. UNIVERSITIES of the committee expressed appreci- “I thought it [Trash] was a really Long Beach, California ation for the quality of the writing, good book,” said parent Amy Fanning. Michele Roberge resigned in Sep- the novel’s use of literary references, “But it’s not appropriate for that age tembr as theater director at California and its modeling of positive behaviors level.” State University at Long Beach after s like calling for a designated driver. Most of the parents said they should fourteen years in the post. Her resig- It also provided a number of perspec- be the ones to teach children about nation followed a disagreement with tives on suicide, which is a compo- tough concepts, not the school system. administrators over whether the uni- nent of the story. The committee said Trash, which students read over the versity’s performing-arts center should that while the book’s language is a summer, follows the story of Raphael, host the racially charged play N*gger concern, it was not language students a fourteen-year-old boy who lives in a Wetb*ck Ch*nk. would be unfamiliar with. third-world country and stumbles on After the university’s president, Jane Speich noted the parent was ac- widespread governmental corruption. Close Conoley, told Roberge that the quainted with the material her child Parent Traci Johnson said she hosted a play must be canceled, the theater di- was reading, something all on the book club for sixth-grade girls as they rector said she felt she could no longer committee praised. But several on were reading the book. After they fin- remain in her position. “I couldn’t the committee said such decisions ished, they cooked a meal for local po- imagine myself doing this job any- were best made by parents for their lice and firefighters. more,” she said. children. “I didn’t want the girls to think po- Conoley, however, said she had not Rebecca Atkinson, librarian at lice were corrupt,” she said. banned the play. She said that because CCHS, said, “I tell students there is Iqbal, scheduled for reading later in of the racially sensitive nature of the a book in my library for every stu- the semester, is historical fiction that material and because faculty mem- dent, but not every book is for every deals with child slavery. The book is bers did not feel the play created many student.” based on the real life of Iqbal Masih, teaching opportunities, they would Their decision to return books to li- a Pakistani boy who helped free child not be asked to plug the play in their brary shelves will be sent to Director of slaves but was fatally shot in 1995 when classrooms or plan educational events Schools Donald Andrews. he was only twelve years old. around it. But Conoley conceded that

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this decision had made the play finan- system, said Clark Schafer, a Newman But at least one former Newman stu- cially unviable. spokesman. dent, in a posting on his Facebook “To be pretty frank, I hate to be But opposition to her visit from page, opposed Beier’s visit and called critical, but it was described as kind of people outside the campus grew so on people to contact Long’s office. a Saturday Night Live skit. They didn’t ominous in tone that Newman vice “Absolutely disgusted that my alma think it was deep. They didn’t think it president and provost Kimberly Long mater, Newman University, is hosting was thought-provoking,” the president said she worried about the safety of pro-abortion Kansas Supreme Court said. “In my view, it was not about Beier and of students attending her Justice Carol Beier to speak this Fri- censorship.” talk. day on campus for Constitution Day,” Rafael Agustin, co-founder of the Newman, near Kellogg and Ed- he wrote. Reported in: Wichita Eagle, troupe that created the play, disagrees. wards, is a Catholic university. September 8. The play features black, Latino, and “There were no specific threats of Asian actors mocking racial stereo- violence, but . . . I found some of the Lynchburg, Virginia types, he said, and is intended to open things being said were quite unset- An attempt by the Liberty Universi- a dialogue about race. tling,” Long said. “I decided it was in ty administration to censor one of its “The same act of censorship that the best interests of good operations of newspaper’s student columnists back- today may seem to protect a commu- the university to cancel the event.” fired with the widespread republica- nity may be used next time as justifi- “We worried about safety of stu- tion of a column criticizing Repub- cation to silence a community in des- dents, and about perhaps having a guest lican presidential nominee Donald perate need of a voice,” Agustin said on campus not be treated right,” Long Trump across numerous national news in a written statement. “It has long said. “I hope that our civic discourse outlets. been the position of our company that here would be respectful to all persons The column, written by Liberty there is a vast difference between us- in the future. I felt the behaviors in Champion Sports Editor Joel Schmieg, ing these words to express hatred and some of the messages to me were not came in response to University Presi- having a mature conversation about respectful.” dent Jerry Falwell Jr.’s continued sup- their use.” Diana Stanley, a Newman student port of Trump’s campaign following Roberge said that rather than simply and president of the student history the release of a now-infamous 2005 Ac- placing limits on the play’s advertise- club, said that members of the club in- cess Hollywood video in which the Re- ment, the president had made it very vited Beier to talk about the history of publican nominee boasted about being clear to her that it would not run. “She the Kansas Constitution and the gener- able to kiss and grab women by their said, ‘Cancel it,’” Roberge said. Re- al duties of judges. genitals without their consent because ported in: Chronicle of Higher Education, “We were very excited when Justice of his celebrity status. September 9. Beier agreed because she has over thir- Falwell pulled Schmieg’s column, ty years of experience in the legal field justifying his decision by calling the Kellogg, Kansas and is a Wichita native,” Stanley wrote. piece “redundant.” Newman University canceled a Opponents to Beier’s visit “made very “The paper already had a letter that planned talk by Kansas Supreme public statements that implied our club was very similar in content support- Court Justice Carol Beier after peo- had invited Carol Beier, a member of ing Hillary Clinton and condemning ple who oppose abortion launched an the highest court in Kansas, to speak Donald Trump for the 2005 video,” “unsettling” social media campaign about abortion . . . at a Constitution Falwell wrote in an October 19 state- opposing her visit, the university’s Day event.” ment. “The two letters were redundant provost said. “As a student of history, I think that so an editorial decision was made to Beier had been invited by the civil discourse is one of the bulwarks of go with the other letter, which writ- campus student history club on Au- a free society. I find disappointing that ten [sic] by a medical student, because it gust 22 to answer questions as part of in our current political climate, even a did not come from a staff member but the school’s Constitution Day pro- lecture on the Kansas Constitution is an independent reader.” gram. She was scheduled to discuss considered controversial.” A statement released by a university topics such as how to get into law Long said the messages that seemed spokesperson cited space limitations as school, what it is like to be a judge and unsettling came from people not affili- another reason for Falwell’s excision of what role judges play in the judicial ated with Newman students or faculty. the article.

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“Space allocation always requires This was not the first time Fal- surrounding the chilling effect on Lib- editorial judgment and that judgment well has been criticized for his sup- erty’s campus. simply does not allow for repetition,” port of the candidate. A week before “It’s concerning that any university, the statement reads. “This was dis- Schmieg’s column was cut, a Liberty public or private, has created a hostile cussed with Mr. Schmieg and the Uni- student group called Liberty United climate where people don’t feel safe in versity is at a loss for why he seems to Against Trump released a statement expressing political views that diverge have not recalled or understood these denouncing Falwell for defending the from their administration’s,” he said. facts and circumstances.” GOP nominee. “That’s a good way for an educational After Falwell pulled the column, “A recently uncovered tape revealed institution to produce robots, not in- Schmieg took to Facebook to post his comments bragging about sexual- formed and engaged citizens.” the piece, writing, “I find these words ly assaulting women,” the statement But LoMonte has hope that Liber- from Jerry amusing and extreme- reads. “Any faculty or staff member ty’s blowback against its student jour- ly hypocritical as yesterday I was told at Liberty would be terminated for nalist will allow the university to re- he was not allowing me to express my such comments, and yet when Donald evaluate the role it plays in facilitating personal opinion in an article I wrote Trump makes them, President Falwell free speech on campus. for my weekly column in the Liberty rushes eagerly to his defense—taking “I imagine that the ironically named Champion about Trump and his ‘locker the name ‘Liberty University’ with Liberty University will be seeing a room talk.’ Here is the story I was not him.” drop in applications from people who allowed to publish because Jerry didn’t Falwell, who campaigned as an want to learn in a climate that values like it.” evangelical supporter on the candi- and rewards independent thinking,” he In his column, Schmieg wrote date’s behalf, issued his own state- said. “Liberty should join the 21st cen- about his own experiences as a male ment criticizing the students’ views but tury and recognize that administrative athlete and the content of the “locker called the letter “a testament to the fact censorship of journalism is irreconcil- room talk” to which Trump compared that Liberty University promotes the able with fundamental American val- his own words in the Access Hollywood free expression of ideas unlike many ues.” Reported in: The Elm, Novem- tape. major universities where political cor- ber 10. “As a former male athlete, I know rectness prevents conservative students exactly what high school guys talk from speaking out.” U.S. GOVERNMENT about when they think they are alone,” While Falwell claims pride for the Washington, DC Schmieg wrote. “It absolutely can be campus’ free expression, Schmieg’s The U.S. Department of Agricul- vulgar and objectifying to women. column still wound up on the cutting ture on February 3 abruptly removed But here’s the thing—I have nev- room floor a week after Falwell issued inspection reports and other infor- er in my life heard guys casually talk his statement. mation from its website about the about preying on women in a sexual Liberty University, a private in- treatment of animals at thousands of manner.” stitution not subject to First Amend- research laboratories, zoos, dog breed- Schmieg’s column condemned ment standards, regards itself as the ing operations, and other facilities. Trump and those who continue to owner and publisher of the Champi- In a statement, the USDA’s Animal support him despite the comments he on. Consequently, Liberty adminis- and Plant Health Inspection Service made in the video. tration—namely Falwell—is charged cited court rulings and privacy laws “This is not locker room talk,” he with making editorial decisions about for the decision, which it said was the wrote. “Anyone who says otherwise is any potentially “controversial” content result of a “comprehensive review” just trying to excuse the terrible things each week the paper is published. Even that took place over the past year. It they or others have said.” though excising the column was legally said the removed documents, which Despite labeling Trump’s words as within the college’s authority, the mes- also included records of enforcement “reprehensible,” Falwell continued to sage sent by the president’s decision has actions against violators of the Animal defend the candidate in his pursuit of been a chilling one for other would-be Welfare Act and the Horse Protection the presidency, something with which dissenters on the Lynchburg campus. Act, would now be accessible only via Schmieg and other Liberty students Frank LoMonte, executive direc- Freedom of Information Act requests. and faculty have found fault. tor of the Student Press Law Center Those can take years to be approved. (SPLC), expressed his own concerns

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“We remain equally committed to referred back to the department’s state- on drugs. It has also been condemned being transparent and responsive to our ment. The Associated Press reported by the Texas Department of Criminal stakeholders’ informational needs, and that a department spokeswoman de- Justice’s Directors Review Commit- maintaining the privacy rights of indi- clined to say whether the removal was tee, which declared Wolf Boys off lim- viduals with whom we come in con- temporary or permanent. its to all Texas prisoners before it was tact,” the statement said. The change came two days after even published. The records that had been available Rep. Ken Calvert, R-Calif., intro- Paul Wright, executive director of were frequently used by animal welfare duced a bill calling for more informa- the Human Rights Defense Center advocates to monitor government reg- tion about and a reduction in testing and editor of Prison Legal News, says ulation of animal treatment at circus- on animals at government research Texas has 15,000 banned books but the es, scientific labs and zoos. Members of labs. The bill is backed by an advocacy list “is growing exponentially. Once a the public could also use the depart- group, the White Coat Waste Project, book goes on it never comes off.” ment’s online database to search for in- which says such testing is a waste of The Texas list is not just long but formation about dog breeders, as could taxpayer dollars. diverse. It includes former Senator pet stores. Seven states currently re- Justin Goodman, the group’s vice Bob Dole’s World War II: An Illustrat- quire pet stores to source puppies from president for advocacy and policy, said ed History of Crisis and Courage; Jenna breeders with clean USDA inspection much of the information he has gath- Bush’s Ana’s Story: A Journey of Hope; reports, according to the Humane So- ered on animal testing at hundreds of Jon Stewart’s America: A Citizen’s ciety of the United States—a require- federal facilities—including inspection Guide to Democracy Inaction; and 101 ment that could now be impossible to reports and annual reports that can in- Best Family Card Games. Then there meet. clude information on the species and are books banned for what TDCJ calls Animal welfare organizations numbers of animals used—came from “racial content,” such as The Narrative quickly condemned the removal of the the USDA-APHIS database. He said of Sojourner Truth, the Texas football information, which they called unex- the department’s reference to privacy classic Friday Night Lights, Flannery pected and said would allow animal requirements were puzzling because O’Connor’s Everything That Rises Must abuse to go unchecked. many of the documents were already Converge, and Lisa Belkin’s Show Me “The USDA action cloaks even heavily redacted. The page where the a Hero, which depicts the struggle the worst puppy mills in secrecy and information was located now brings up to desegregate housing in Yonkers, allows abusers of Tennessee walking the announcement about its removal. New York, in the face of institutional horses, zoo animals, and lab animals “There was already a troubling lack racism. to hide even the worst track records in of transparency about what happens But Adolf Hitler’s Mein Kampf, Da- animal welfare,” said John Goodwin, in government-funded labs,” Good- vid Duke’s Jewish Supremacism, and the senior director of the Humane Soci- man said. “This was a very important Nazi Aryan Youth Primer are all accept- ety’s Stop Puppy Mills Campaign. resource for us, and for every animal able. Texas inmates are also free to read In a statement, Kathy Guillermo, organization, in terms of tracking pat- Che Guevara’s Guerrilla Warfare, which the senior vice president of People for terns of animal use and compliance, teaches everything needed to know the Ethical Treatment of Animals, whether it’s in labs or other settings.” about Molotov cocktail construction, called it “a shameful attempt to keep Reported in: Chicago Tribune, Febru- as well as “U.S. Army manuals [that] the public from knowing when and ary 3. contain combat strategy and tactics which laws and regulations have been for fighting small, loosely organized violated. Many federally registered and PRISONS groups.” licensed facilities have long histories Austin, Texas A 2011 report from legal advocacy of violations that have caused terrible Dan Slater’s new book Wolf Boys re- nonprofit Texas Civil Rights Proj- suffering.” counts the story of two Mexican ect found that in 2008, 11,851 titles It is unclear whether the decision American teens in Texas seduced by were on the state’s banned book list. to remove the animal-related records the violent cartels across the border Of those, 8,000 books had no chance was driven by newly hired President and the Mexican-born Texas detective of being challenged or removed from Donald Trump administration offi- who hunts them. It is grim and vio- the list. The report highlighted books cials. When asked questions about the lent, yet it is a detailed and thoughtful critical of the prisons system and about change, a USDA-APHIS representative look at American society and the war civil rights, as well as classics.

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Here are some of the classic works Michigan, and North Carolina—“are to address racial tensions but, instead, of literature that have been banned, the most systematic and organized in is provoking them. Museum direc- according to that report: Shakespeare their censorship.” tors came up with a supposedly Sol- and Love Sonnets, edited by O.B. The lists are generally not accessi- omon-like solution, putting the art- Duane; Inferno, Dante Aligheri; Vin- ble, Wright says, and the lack of trans- work behind screens to appease those tage Hughes, Langston Hughes; The parency means publishers or groups who might be offended. Color Purple, Alice Walker; Ameri- or people sending books don’t know Part of the exhibit of work by Kel- can Psycho, Bret Easton Ellis; Tropic of what’s banned. ley Walker, a New York-based multi- Cancer, Henry Miller; Big Sur, Jack Arizona prisons have banned books media artist, shows altered images of Kerouac; The Satanic Verses, Salman on physics, mythology, dragons, home black civil rights protesters in the 1960s Rushdie; Deadeye Dick, Kurt Vonne- medical care, and local wildlife. In being attacked by police, and cov- gut; The Great American Novel, Philip 2010, a detention facility in Moncks ers from the men’s lifestyle magazine, Roth; The Deer Park, Norman Mailer; Corner, South Carolina banned all King. The images appear to be smeared First Love: A Gothic Tale, Joyce Carol books except the Christian Bible. Pris- with whitening toothpaste and choc- Oates; Eight Men, Richard Wright; oners in Pennsylvania can’t read books olate. They have been criticized as ra- Villages, John Updike; Fugitives and related to Dungeons & Dragons, Path- cially insensitive and particularly caus- Refugees: A Walk in Portland, Oregon, finder, Magic: The Gathering, War- tic in St. Louis, a community that is Chuck Palahniuk; 12 Million Black hammer 40k, or World of Warcraft, trying to heal in the aftermath of civic Voices, Richard Wright; Breakdowns: because those games allegedly “advo- unrest and deep racial fissures. Report- Portrait of the Artist as a Young %@&*!, cate violence, insurrection or guerrilla ed in: St. Louis Post-Dispatch, Septem- Art Spiegelman; Salammbô, Gustave warfare against the government or any ber 29. Flaubert; Delta of Venus, Anaïs Nin; of its facilities.” Utopia, Thomas More; Middlesex, Jef- “There is no accountability,” Dillon FOREIGN frey Eugenides; The Way to Paradise, says, adding that some inmates have Toronto, Canada Mario Vargas Llosa; White Oleander, complained that one clerk might ban a The Toronto Public Library released Janet Fitch; Hooking Up, Tom Wolfe; book that another would let through, its annual list of customer complaints Everything that Rises Must Converge, either because the one clerk is grouchy, at a June 2016 board meeting. Li- Flannery O’Connor; It Can’t Happen doesn’t like the prisoner for whom brary patrons asked for the remov- Here, Sinclair Lewis; How the Other it is intended, or has more conserva- al of Ian McEwan’s award-winning Half Lives, Jacob Riis; and The Essen- tive values. Wright says any minority novel Atonement and David Egger’s tial Gore Vidal, Gore Vidal. viewpoint—racial, ethnic, political, or best-selling memoir A Heartbreaking “Texas is less rational than other religious, is especially likely to be shot Work of Staggering Genius. The library states,” says Michelle Dillon, program down. also received complaints about two coordinator of the Seattle-based non- But it goes beyond that. A collec- graphic novels that were deemed a profit Books to Prisoners. She adds that tion of Shakespeare’s sonnets and a col- little too graphic by the complaining it is a national problem, particularly in lection of Leonardo DaVinci’s sketches patrons, and a call to remove a docu- more conservative states in the South. have both been banished in Texas for mentary based on a Palestinian wom- Wright says federal prisons have even sexual content (the Shakespeare edition an’s life. All three removal requests banned President Obama’s books. had a painting with nudity on the cov- were rejected. In Texas, as in most states, the judge er) while a book like The Pleasure’s All McEwan’s Atonement was target- and jury on a book’s fate is typically an Mine, filled with descriptions of kinky ed for its poor grammar and sentence anonymous mailroom clerk, “who of- sex, made it through. Reported in: The structure. The request to ban Eggers’ ten don’t have high school diplomas,” Guardian, September 25; Quartz, Sep- A Heartbreaking Work of Staggering Ge- says Wright. “The bureaucratic system tember 26; bustle.com, September 27. nius was based on the accusation that rubber stamps it from there.” it contained profanity, poor gram- Texas is one of the few states with a ART mar, and poor sentence structure. The comprehensive database. While most St. Louis, Missouri library’s materials review committee states allow each prison to operate The Contemporary Art Museum St. retained both books, citing high de- haphazardly, Wright says the states Louis is at the center of controver- mand and positive reviews for both with databases—Arizona, Florida, sy over artwork that appears designed books.

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The complaint seeking the re- the children-oriented books. “Parents The paper cited an Apple spokesper- moval of the documentary, Soraida, and legal guardians are responsible for son as saying the firm had been “in- A Woman of Palestine, directed by monitoring and limiting the use of li- formed that the app is in violation of Egyptian-Canadian filmmaker Tahani brary materials by their children,” the local regulations,” which meant it had Rached, claimed it lacked any artis- committee said. Reported in: Toronto to be taken down. tic or educational merit and had no Life, June 28; CTVNews.ca, June 29. “When this situation changes, the basis in factual events. The committee app store will once again offer the New retained the film in the library’s col- Westmount, Quebec, York Times app for download in Chi- lection, noting that the film is “sub- Canada na,” the spokesman said. jective in nature,” and that it is rec- The Westmount Public Library tem- The New York Times said they had ommended for high school students porarily removed a displayed copy of asked Apple to reconsider the decision. by a Canadian educational magazine. Robert Mapplethorpe: The Photographs The paper’s website has been The library did agree to move from a public display after a patron blocked in China since 2012 after it the comic strip collection Cyanide complained. The book features a published a number of reports on the and Happiness: Punching Zoo to the number of Mapplethorpe’s images that private wealth of members of the polit- adult graphic novel section from the are included in the permanent col- ical elite and their families. The Times teen collection. The patron chal- lection of the Getty Museum. The li- attributes the request to pull the app lenged the work on the ground that brary’s display was created to coincide to new regulations officially designed it contained vulgar language, por- with the Montreal Museum of Fine to curb activities “such as endangering nographic humor, racism, and sex. Arts’s exhibit of Mapplethorpe’s work, national security, disrupting social or- The library committee noted that the called Focus: Perfection. der and violating the legitimate rights comic strips, which were originally In accordance with the library’s and interests of others.” published online, contained dark hu- policies, a reconsideration commit- “The request by the Chinese au- mour that may not be appropriate for tee was formed to review the book thorities to remove our apps is part of everyone. in light of the patron’s complaint. their wider attempt to prevent read- The committee refused a request The committee voted to retain the ers in China from accessing indepen- to institute a labelling system for its book and return it to the public dis- dent news coverage by the New York graphic books after a patron com- play. The complaining patron was not Times of that country, coverage which plained about The Troublemakers, a identified. Reported in: Montreal Ga- is no different from the journalism we graphic novel by award-winning writ- zette, November 4 do about every other country in the er and artist Gilbert Hernandez. The world,” the paper’s spokeswoman Ei- individual complained about sexual Beijing, China leen Murphy said. language and depictions of prostitu- Apple has withdrawn the New York Users who have their accounts reg- tion and violence in the book, and Times from its China App Store fol- istered on an App Store other than the said a new labelling system is nec- lowing a request from Chinese au- Chinese one can still download the essary so children will not borrow thorities. The paper said the move was apps. books with material that is not suit- aimed at preventing readers in China Apps from some other internation- able for them. “from accessing independent news al media outlets can still be accessed, The library committee responded coverage.” Apple said they had been including the Washington Post, the Wall by citing the author’s award-winning informed the app violated Chinese Street Journal, BBC News, the Finan- track record, and added that the book regulations but did not say what rules cial Times, ABC News, CNN, and is already categorized in the adult had been broken. Reuters. graphic book collection. The com- Western media have long been fac- In the case of the BBC, the mittee acknowledged that graph- ing difficulties making their content Chinese-language website is blocked ic books are inherently appealing to available in China, with many outlets while the English version occasional- children, because they contain images frequently or permanently blocked. ly has some human rights or political that easier to interpret than words. According to the New York Times, Ap- stories blocked on both the web- However, they also pointed out that ple removed both the English-language site and the app. A number of other the graphic books meant for older and Chinese-language apps from the western websites like Google, You- audiences are stored separately from App Store in China December 23. Tube, and Facebook are also blocked

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in China. Reported in: BBC News, Sun, Daily Mail, and Express contain Centre for Politics and Public Policy, January 5. viewpoints that are “hateful” toward July 6, 2016 refugees, immigrants, and other mar- Shanghai, China ginalized groups, and therefore, no Ireland Customers of the Shanghai Foreign one should be able to read them. The Irish Censorship of Publications Language Bookstore used social media “The Union should continue to Board has put a prohibition order on to complain that two pages had been stand by its mission, vision and values all editions of The Raped Little Run- torn out of their newly-purchased such as ‘diversity and inclusivity,’” the away, written by Jean Martin. It is copies of the Merriam-Webster English motion states, according to The Tab. the first book banned in Ireland on Dictionary. The motion does not carry actu- the grounds of obscenity in eighteen “I bought a dictionary two days al weight: university officials would years. The order applies to all editions ago in Shanghai Foreign Language have to agree to enforce it. Nor does it of the book by any publisher. Bookstore. I’ve noticed that the plastic stop students from bringing copies of Board chairman Shane McCar- wrapping on all the copies had been the papers onto campus. The motion is thy said the decision was unanimous removed and the shop assistant told merely “a commercial boycott that will among the five board members. me, ‘There are some problem, and we ensure the Union does not profit from “It was the only resort,” said Mr removed the wrapping to deal with the sale of these newspapers.” McCarthy. “We either ban it or allow them.’ I bought the books and careful- Queen Mary’s Student Union is not it. It isn’t like a film where you can ly examined it, only to find that two the first to take this step. City Univer- put in an age restriction. It is black or pages have been torn out. I wonder sity’s Student Union recently approved white.” The book contains numerous what could be the words that irritate a similar ban on tabloids. Reported in: explicit descriptions of the rape of a the authorities,” said Twitter user Tyler reason.com, January 9. child. Wang. McCarthy said only a small number The missing pages contain the defi- India of books are banned in Ireland and that nition of Taiwan. A high court in Chennai, Madras, prohibitions were an extreme and rare An employee with the Beijing For- India dismissed an attempt to bring occurance. Reported in: The Irish Inde- eign Languages Bookstore told the criminal charges against novelist Pe- pendent, March 10, 2016. Washington Post that all imported copies rumal Murugan for the content of one of the Merriam-Webster dictionary of his books, Madhorubagan. Qatar had been “treated” before they went Madhorubagan (One Part Woman) is The International School of Choueifat on the shelf. set about a century ago near the au- (ISC) in Qatar, Bahrain, Saudi Arabia, “There is content violating the One thor’s home town of Tiruchengode in the UAE and Jordan has been forced China principle, and we have dealt southern India. It is about a childless to withdraw textbooks which describe with it in accordance with relevant Tamil woman who participates in a sex the Palestinian resistance as terrorists. regulations,” he said, only giving his ritual during a temple festival in an at- Parents complained to the school after surname as Zhu. tempt to conceive, a scenario Murugan spotting excerpts from the books that According to reports on social says was based on historical fact. said Palestinians are practicing terror- media, prior editions of the Merriam- Although Murugan is Tamil him- ism in the Middle East. Webster dictionary have been censored self and a respected scholar of the re- The Qatari ministry of education by covering the definition of Taiwan gion’s history and culture, right-wing and higher education visited the school with black marker or paper stickers. nationalists offended by the histori- and issued a statement on Twitter, stat- Reported in: Washington Post, Octo- cal novel claimed that he “defamed ing: “The books’ contents were found ber 13. Tiruchengode town and the wom- to contradict Qatar’s foreign policy.” enfolk and the community.” In their The ministry responded after photo- London, England decision, the court offered an easy graphs of a page from the unnamed Recently, the Student Union at nonjudicial solution for those who English-language book were posted on Queen Mary University—a public were troubled by the novel: “If you Tw itter. research university in London—ap- do not like a book, simply close it. The school confirmed that the book proved a motion to prohibit the sales The answer is not its ban.” Report- was a grade 9 history text titled Tech- of tabloid newspapers on campus. The ed in: BBC News, July 5; The Hindu nology, War and Independence, published

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by Oxford University Press. All copies has led several crackdowns on obscene a controlling father by falling in love of the book were removed and students conduct. with her handsome art teacher. were reimbursed for its costs, the min- Minister for Ethics and Integri- Greenhill Academy management istry said, adding that the school was ty Simon Lokodo said the book ex- refused to comment on the raid. warned to seek approval before using posed children attending the exclusive Lokodo says an investigation has been any book. Reported in: Middle East Greenhill Academy to sex at too young opened into the school’s motives. He Monitor, October 6. an age. The school in the capital Kam- said he would not hesitate to shut pala is popular with Uganda’s elite and down the establishment if it did not Uganda western expatriates, and admits pupils make changes. Reported in: News24. Ugandan officials seized copies of between five and twelve years old. com, August 11; Agence France Presse, British children’s author Jacqueline Love Lessons tells the story of four- August 11. Wilson’s Love Lessons from a private teen-year-old Prudence, who es- school on the orders of a minister who capes the misery of life at home with

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 45 NEWS FROM THE BENCH

U.S. SUPREME COURT “COPE does not offer any facts that merchants believe is their most The U.S. Supreme Court on Novem- to support the conclusion that the effective way of communicating the ber 14 declined to hear the appeal of a Standards condemn any religion or hidden cost of credit cards to their group of Kansas parents and students send a message of endorsement,” the customers,” Gupta said. Credit card who object on religious grounds to Tenth Circuit court said. “And any companies charge a so-called swipe the state’s adoption of the Next Gen- fear of biased instruction is premised fee, often ranging from two to three eration Science Standards. on COPE’s predictions of school dis- percent of the transaction, to mer- The group alleged in a lawsuit tricts’ responses to the Standards—an chants who accept their cards. against the Kansas state education de- attempt by COPE to recast a future The justices’ view of the case partment that the standards, devel- injury as a present one.” seemed to turn on where they stood oped by twenty-six states based on a The U.S. Supreme Court asked in a rolling debate at the court about framework published by the National Kansas to respond to COPE’s appeal, how the First Amendment applies to Research Council, address religious and the state stressed that curriculum laws regulating economic matters, an questions by removing a “theistic” decisions remain a matter for local issue that generally divides the justices viewpoint and creating a “non-theistic school districts. along ideological lines. worldview” in science instruction in “Although Kansas law requires the Some of the more liberal justices the public schools. state board of education to establish said that the law was an unexceptional The lawsuit by a group called Cit- curriculum standards, locally elected and permissible economic regulation. izens for Objective Public Education school boards remain free to deter- “What this statute says is, you can’t said that in addressing questions such mine their own curricula,” said the impose a surcharge,” Justice Stephen as “where do we come from?,” the brief filed by Kansas Attorney General G. Breyer said. “Very well, you can’t. Next Generation standards rely on Derek Schmidt. He added that COPE What’s that got to do with speech?” an “orthodoxy called Methodologi- had not alleged that any children in- “If you look at this statute,” Gup- cal Naturalism or Scientific Materi- volved in the suit attended school dis- ta conceded, “it doesn’t scream First alism and a variety of other decep- tricts where the science standards had Amendment.” tive methods to lead impressionable been implemented. Reported in: Edu- “But this is a regime,” he add- children, beginning in kindergarten, cation Week, November 14. ed, “that says you are allowed to call to answer the questions with only At a lively Supreme Court argu- it a surcharge, you just can’t call it a materialistic/atheistic answers,” as ment January 10, the justices consid- discount.” the group said in its Supreme Court ered how the First Amendment ap- Some of the more conservative appeal. plies to credit card fees. justices saw a threat to free speech. The group argued that Kansas’s The case was the latest battle in “They are forcing the merchant to 2013 adoption of science standards a continuing dispute between some speak in a particular way,” Justice based on the Next Generation Science merchants, who want to avoid fees Samuel A. Alito Jr. said. Standards and the National Research charged by credit card companies by Justice Anthony M. Kennedy Council’s framework constituted an steering customers toward cash, and seemed to agree. “It’s a matter of how unconstitutional government estab- credit card companies, which seek to the pricing structure is communicated lishment of religion and also violated make the fees invisible to consumers. in the speech,” he said. the First Amendment free exercise of The New York law at issue in the Steven C. Wu, a lawyer for the religion rights of the families. case, similar to ones in nine other state, said it was free to require mer- A federal district court held in 2014 states, bars merchants from imposing chants not to exceed an announced that the group and its members lacked surcharges when their customers use price. “The First Amendment doesn’t standing to bring the suit because the credit cards. Discounts for using cash, prohibit the state from using a previ- alleged injuries were abstract. on the other hand, are permitted. ously conveyed price as a baseline for In an April decision, a three-judge That distinction runs afoul of the a price regulation,” he said. panel of the U.S. Court of Appeals for First Amendment, said Deepak Gupta, Much of the argument concerned the Tenth Circuit, in Denver, unan- a lawyer for several merchants chal- a semantic and psychological puzzle. imously upheld the district court and lenging the law. As an economic matter, the prohib- rejected COPE’s theories of legal “This case is about whether the ited surcharges and permitted dis- injury. state may criminalize truthful speech counts are identical. But as a matter

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of behavioral science, people resist the taken down a sign announcing a sur- his application. They explained that former and embrace the latter. charge but would put it back up if her a provision of the 1946 Lanham Act “A discount and a surcharge are side won. While it was in place, she bars the government from approv- the same thing economically,” Justice said, customers took the fee in stride. ing trademarks that contain “mat- Breyer said. “But we live in a world in “We’re not dealing with thousands ter which may disparage . . . persons, which not everyone is an economist.” of dollars here,” she said. “It’s small living or dead, institutions, beliefs, or Eric J. Feigin, a lawyer for the amounts of money. When they real- national symbols.” federal government, said the New ized the surcharge was two dollars or The U.S. Court of Appeals for the York law would not violate the First such, they didn’t seem to care.” Federal Circuit reversed. It agreed Amendment if it barred a deli from Justice Breyer, returning to a that the mark Tam was seeking to saying that it charges credit card users theme that has engaged him in re- register was “disparaging,” but it con- a little more. The hypothetical ex- cent years, said he was alarmed that cluded that the Lanham Act’s ban on ample came from a brief in the case, the court could use the First Amend- the registration of disparaging marks which posed the question of whether ment to strike down ordinary eco- violates the Constitution. The Su- it would violate the law to charge $10 nomic regulations. He said he feared preme Court agreed to weigh in last for a pastrami sandwich, adding a 20- a return to the era of Lochner v. New year, and after nearly an hour of oral cent surcharge for using a credit card. York, referring to a 1905 decision that argument January 18 in the case of Lee Chief Justice John G. Roberts overturned a work-hours law in New v. Tam it seemed poised to agree with Jr. said that position was patroniz- York and has become shorthand for the lower court. That could be good ing. “You’re saying that the Ameri- improper interference with matters by news for the Washington Redskins, can people are too dumb to under- legislatures. whose case is now on hold in the U.S. stand that if you say ten dollars plus a Justice Breyer said he would have Court of Appeals for the Fourth Cir- twenty-cent surcharge,” he said, “they voted against the law had he been a cuit after the NFL team’s trademarks can’t figure out that that’s ten dollars legislator. But he added that judges were cancelled in 2014. and twenty cents.” should leave such matters to elected Arguing on behalf of the federal The New York law, enacted in lawmakers. “The fact that you have government, Deputy Solicitor Gen- 1984, makes it a crime to impose a the questions you’ve had, and both eral Malcolm Stewart emphasized surcharge for the use of credit cards. sides of the bench have had such trou- that the Lanham Act’s disparagement The law was for many years almost ir- ble with this, is strong evidence that bar does not limit the ability of the relevant, as credit card companies im- the court should stay out of this under mark’s owner to use the mark or ex- posed similar rules in their merchant normal First Amendment standards,” press himself. Instead, he contended, contracts. he told Wu. the disparagement provision is merely But credit card companies started The eight-member court, fearing a “reasonable limit on access to a gov- to back away from those restrictions a deadlock, may look for a narrow ernment program.” as part of class-action settlements that way to decide the case, Expressions Stewart was quickly peppered by continue to be litigated. Not long af- Hair Design v. Schneiderman. One al- a barrage of questions from virtu- ter, several New York merchants sued ternative, proposed by Justice Alito, ally all of the justices. Chief Justice to challenge the law on First Amend- would be to ask New York’s highest John Roberts told Stewart that he ment grounds. court for a definitive interpretation of was “concerned that your govern- One of them, Expressions Hair the state law. Reported in: New York ment program argument is circular.” Design—one of the five plaintiffs in Times, January 10. When the holder of a mark complains the Supreme Court case—said that In 2011, Simon Tam tried to reg- that the government is not registering it wants to tell its customers that ister The Slants, the name of his rock that mark because it is disparaging, it charges 3 percent more for us- band, as a trademark—a word, name, Roberts observed, the government’s ing a credit card but fears criminal or symbol used to identify a product response is that it runs a program that prosecution. and to identify its source. Tam had doesn’t register disparaging marks. “It “It really is a freedom of speech named his band The Slants to bring doesn’t seem to me to advance the ar- issue,” said Valerie Bandurchin, an attention to discrimination against gument,” Roberts said. owner of the hair salon, who attended Asian Americans, but the U.S. Pat- When Stewart responded that the arguments. She said the salon had ent and Trademark Office rejected trademark law imposes several

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different restrictions on the regis- Arguing for Simon Tam, the lead constitutional rights are being violat- tration of trademarks “that really singer of The Slants, attorney John ed by being excluded from the grant couldn’t be placed on speech itself,” Connell took a firm stance from program. The church says its members Justice Stephen Breyer joined the fray. which he refused to budge. When Jus- have a right to exercise religion while Those other restrictions, Breyer ob- tice Anthony Kennedy characterized at the same time being treated the served, are related to “the ultimate his position as being that the “First same as others. purpose” of a trademark: identify- Amendment protects absolutely outra- Missouri counters that the state has ing the source of a product. How is geous speech insofar as trademarks are done nothing to interfere with the the bar on disparagement—which, he concerned,” Connell agreed that the church’s ability to worship or run its noted, would allow you to say some- statement was “correct.” church child daycare program. Mis- thing nice about a minority group but Sotomayor saw the scenario as souri’s constitution prohibits state not something disparaging—serve different from most First Amend- funds from going “directly or indi- that purpose? ment contexts. Tam and his band, she rectly, in aid of any church, sect, or Justice Elena Kagan then stepped pointed out, can still call themselves denomination of religion.” And Mis- in. Government programs, she noted, The Slants, advertise themselves as souri also said that the First Amend- generally can’t distinguish between The Slants, and sign contracts. They ment prohibits government from different kinds of speech on the basis just can’t stop someone else from try- making laws that “prohibit” the free of the viewpoints expressed in that ing to use the same trademark. But exercise of religion. But Missouri also speech. But why, she asked, isn’t the even then, she continued, they would says it is free to enact laws that “frus- disparagement bar a “fairly classic case still have recourse because they can trate” religion. of viewpoint discrimination?” sue under other causes of action. Many groups watching this case Justice Samuel Alito suggested that Their speech, she concluded, “is not suggest that a ruling in favor of Mis- the government was “stretching the being burdened in any traditional souri could jeopardize government concept of a government program past way.” funding for a wide array of faith-based the breaking point.” The government Connell responded that Tam “is social services, including soup kitch- provides many kinds of services to the denied the benefits of legal protections ens and even battered women’s shel- public, he noted, such as fire protec- that are necessary for him to com- ters. The justices have not announced tion. But the government can’t say pete in the marketplace with another a hearing date. Reported in: arstech- that it will only provide those services band.” That answer, as well as Con- nica.com, January 10. to some groups, Alito concluded. nell’s responses to the other justices’ One more First Amendment case Justice Ruth Ginsburg chimed in questions, did not necessarily satisfy before the high court also touches on to voice yet another “large concern”: the justices, but his strategy of declin- religion. Brown v. Buhman concerns that the disparagement provision is ing to give an inch may well prove ef- a polygamous Mormon family from too vague. Referring to a list pro- fective in the end. Even if the justices Utah on TLC’s Sister Wives reality TV vided to the justices that identifies saw flaws and inconsistencies in his ar- show. The family sued Utah over the things that were or were not trade- guments, they seemed to regard Tam’s state’s anti-polygamy law, and a feder- marked, she observed that the word position as preferable to the statute al judge struck down portions of the “Hebe” appeared on both sides of the (and the government’s defense of it). law that made “cohabitat[ing] with list. It was “okay in one application,” Reported in: ScotusBlog, January 19. another person” illegal if they weren’t she pointed out, but not in another. Another First Amendment case legally married. But a federal appeals Stewart’s answer—that the Patent and the high court has agreed to hear is court ruled that, because the state and Trademark office receives 300,000 Trinity Lutheran Church of Columbia v. local county said they would not pros- trademark applications every year, so Pauley. This case doesn’t concern free ecute—even after police opened an that it’s “not surprising that there will speech, but instead deals with the First investigation once the show aired— be some potential inconsistency”— Amendment in the religious context. the case was therefore “moot” and didn’t seem to mollify either Ginsburg The case involves recycled tires and should not have been decided by the or Sotomayor, who queried whether a Missouri grant program that pro- lower courts. Stewart’s answer wasn’t just “another vides shredded recycled tire pieces But on appeal to the Supreme way to say it’s not clear enough to get to soften playgrounds. The dispute is Court, the Sister Wives family wants it right.” this: Trinity Lutheran argues that its that federal appeals court’s decision

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overturned. They say a lawsuit can’t potential U.S. Supreme Court Act. A federal district court ruled for simply go away because the govern- nominees. the school district on several pro- ment adopted a nonenforcement pol- “We conclude that ‘secondary ed- cedural grounds as well as on the icy during the pendency of litiga- ucation,’ under Florida law, means at rationale that the Equal Access Act tion—a nonenforcement policy that is least ‘courses through which a person did not apply because under Florida not even enforceable. receives high school credit that leads law, secondary schools refer to high “At its core, this case concerns to the award of a high school diplo- schools. whether a Utah statute that bans mar- ma,’” Pryor said, citing a provision of In its December 6 decision in Carv- ried persons from engaging in volun- state law. “Carver Middle School pro- er Middle School Gay-Straight Alliance v. tary cohabitation with other persons is vides courses through which students School Board of Lake County, the Elev- unconstitutional—either as a violation can obtain high school credit. The enth Circuit court panel reversed the of Petitioners’ sexual privacy rights Equal Access Act applies to Carver district court on both the procedural protected by this Court’s decision in Middle School.” issues and the Equal Access Act. Lawrence v. Texas, [which overturned The case stemmed from efforts by Pryor acknowledged that Flori- anti-gay sodomy laws] or their reli- students at Carver Middle School, da statutes used the term “secondary gious liberty rights protected by the in Leesburg, to form a gay-straight school” inconsistently. But he con- First Amendment,” according to the alliance club as early as the 2011–12 cluded that the critical term in the family’s petition to the justices. The school year. That year, the school federal statute was “secondary educa- petition adds that “this constitution- principal denied the application, court tion,” and that term under Florida law al question is currently blocked from papers say. The next school year, a “means providing courses through continuing on the merits.” Reported new principal referred the request which students can obtain high school in: arstechnica.com, January 10. to the Lake County school board, credit.” which in 2013 adopted a policy that And because Carver Middle pro- SCHOOLS required middle school clubs to be vides such courses, the Equal Access Leesburg, Florida curriculum-related and be “limited to Act applies, he said. A federal appeals court on December organizations that strengthen and pro- The decision sent the case back 6 reinstated a lawsuit filed by a gay- mote critical thinking, business skills, to federal district court, which will straight alliance that was denied rec- athletic skills, and performing/visual determine whether the gay-straight ognition at a Florida middle school. arts.” alliance has standing as an organiza- A three-judge panel of the U.S. During the 2013–14 school year, a tion to pursue the suit since H.F. is Court of Appeals for the Eleventh student identified as H.F. submitted no longer a student at Carver Middle Circuit, in Atlanta, held that Florida an application for the gay-straight alli- School. Reported in: Education Week, middle schools qualified as “secondary ance, which included a teacher’s spon- December 6. schools” under the federal Equal Ac- sorship and goals that included “to cess Act, which requires such second- promote critical thinking by discuss- Brunswick, Georgia ary schools receiving federal funds to ing how to address bullying and other A Glynn County man won’t be give extracurricular clubs equal access issues confronting students at Carver prosecuted for a confrontation with to school resources. Middle School.” a school bus driver after the Geor- The panel also overturned oth- The application was rejected by gia Supreme Court ruled that the er rationales cited by a federal district a district official as deficient be- law under which he is charged is court for throwing out the challenge cause it made no attempt to explain unconstitutional. of the Carver Middle School Gay- how the club would promote criti- Michael Antonio West was charged Straight Alliance in the Lake County cal thinking. The district adminis- in early 2015 under a law that makes school district in central Florida, and trator returned the application to the it a crime to upbraid, insult, or abuse it sent the revived case back to the middle school principal and said it a public school teacher, administra- district court. might be approved if it was resubmit- tor, or bus driver in the presence of a The panel opinion was written by ted with more information on critical student at a school or on a bus. West, Judge William H. Pryor Jr., a judicial thinking. who has two children in elementa- conservative who was on President Instead, the alliance and H.F. sued ry school, was upset that his children Donald Trump’s list of twenty-one the district under the Equal Access were being bullied aboard the bus by

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 49 FROM THE BENCH _ NEWS

the driver’s grandchildren, said his The law is among those that or delete the quote, citing concerns lawyer, Jason Clark. schools include in their student behav- about “the separation of church and Clark said that West met the rural ioral code and handbooks. The law state” and the possibility it could of- bus at the stop north of Brunswick to applies, however, only to nonstudents. fend non-Christians, court papers tell the driver that her grandchildren The court also ruled that the Geor- say. had spit in his children’s faces, Clark gia General Assembly has enact- The Killeen school board on De- said. It started badly with driver say- ed other laws prohibiting disruptive cember 9 issued a statement support- ing, in effect, “You get off my bus. content on school grounds that are ing the principal’s actions. The state- That’s a $500 fine,” and threatening content neutral. Reported in: Florida ment referred to a 2013 Texas statute, to call police, Clark said. Times-Union, October 31. known as “the Merry Christmas law,” West responded in kind with, “I’m which is designed to encourage public calling the law on you for cruelty to Killeen, Texas schools to teach about religious hol- children,” for allowing the bullying, A state judge has ordered a Texas idays and to allow teachers and stu- Clark said. school district to permit a school dents to use greetings such as “Merry West didn’t follow through, but the staff member’s door display featuring Christmas,” but which also requires bus driver apparently complained back the main religious message from the that holiday displays not adhere to a at the bus barn. classic TV special “A Charlie Brown specific religion. “Four or five months later, they Christmas.” On December 13, it debated the pick him up on a warrant,” Clark said. In a case that attracted nationwide issue further and voted 6–1 to ask ad- A video tape showed that neither attention, Judge Jack Jones of the ministrators to study holiday displays, the driver nor West used any profani- 146th Judicial District in Bell County, but also to encourage school staff ty or vulgarities, but West was none- Texas, issued a temporary restraining members “to use, to the fullest extent theless charged and faced a maximum order that prohibits the Killeen Inde- allowed by law, the name Jesus, the $500 fine. pendent School District from refusing name God, and anything about our Clark said that he objected in to allow the display of a poster that Christian religion.” Glynn County State Court to his featured words from the special about The motion called for no further client being charged with a misde- the meaning of Christmas. action that would allow Shannon to meanor under a statute that violated The case involves a Christmas dis- restore her poster. That prompted the First Amendment protections of free play put up by Dedra Shannon, who is school aide to sue the Killeen district speech. The trial judge, Orion Dou- described in court papers as a “clin- and administrators, citing her right to glass, denied that objection but gave ic aide” at Patterson Middle School free speech and free exercise of reli- Clark permission to make an immedi- in Killeen. On December 5, Shan- gion under the Texas constitution. ate appeal to the high court. non decorated the door of the school Shannon, backed by a group called Mark Bennett, a Texas lawyer nurse’s office with a customized poster Texas Values, argued in court papers who specializes in First Amendment based on “Charlie Brown Christmas” that the Linus quote on her poster did cases, joined Clark as co-counsel and that highlights an essential scene from not encourage anyone to adhere to argued the case before the Geor- the thirty-minute special, which first Christianity in violation of the Merry gia Supreme Court. The high court aired in the 1960s. Christmas law. unanimously found the statute overly The poster reads, “ ‘For unto you Shannon was also backed by Tex- broad because it did not forbid speech is born this day in the City of Da- as Attorney General Ken Paxton, that “might be boisterous or dis- vid a Savior which is Christ the Lord’ who filed a brief in Jones’s court that ruptive” but instead prohibited only . . . That’s what Christmas is all about said “contrary to the decision of [the speech directed at public school offi- Charlie Brown.’ Linus.” Killeen district], the inclusion of Bi- cials that could be perceived as nega- The phrase is from a longer solil- ble verses or religious messages on tive or unfavorable. oquy delivered by Linus during the student or teacher-sponsored holiday Although the law may have a le- special about the true meaning of decorations does not violate Texas gitimate application, it criminalizes a Christmas that is adapted from the law. To the contrary, Texas law pro- substantial amount of speech protect- Bible’s Gospel according to Luke. On hibits KISD from expressing hostility ed under the constitution, the court December 7, Principal Kara Trevino toward religious messages, and it also ruled. asked Shannon to remove the poster specifically encourages school districts

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to take a more inclusive approach to addition of the words ‘Ms. Shannon’s to her poster indicating that it was her religious and secular celebrations.” Christmas Message’ in letters as large Christmas message. Paxton said the school district was as the other letters.” “We believe that directing the in- muddling the distinction between In a statement, the Killeen school dividual to include the additional text government and private speech, and district said, “Christmas and winter better complies with state and feder- that Shannon’s poster did not consti- celebrations and messages are import- al law,” the district’s statement adds. tute government speech. ant to our community. The board’s “We support this decision.” In issuing a temporary restraining actions taken on Tuesday directing In a statement issued by Texas Val- order against the school district on district administration to develop ues, Shannon said, “I am so thankful December 15, the judge did not ac- guidelines for employees underscore that the court ruled in my favor and cept several sweeping statements pro- the board’s commitment to this effort. that Killeen ISD’s efforts to ban my posed by Shannon’s lawyers. Instead, Despite these efforts we found our- Charlie Brown Christmas poster have he wrote that the defendants were selves in court this afternoon.” failed. I was thankful to put my poster restrained from prohibiting Shan- The district noted the judge’s re- back up today.” Reported in: Educa- non from “displaying the poster that quirement that Shannon add lettering tion Week, December 16. was previously on her door with the

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ WINTER 2017 51 NEWS IS IT LEGAL?

LIBRARIES Library Director Susan Craig said be updated. She said the situation Iowa City, Iowa that the cameras record only the com- is different than a department store The American Civil Liberties Union mon areas and do not collect video placing security cameras in common of Iowa is asking the Iowa City Public from inside the stalls. areas near changing rooms and in Library to remove security cameras “I absolutely understand concerns bathrooms. from its bathrooms over privacy con- people have about what exactly we’re “There’s a problem there and, ob- cerns raised by a patron. taking pictures of, but usually once viously we love libraries and we love The ACLU of Iowa emailed the they understand that it’s only in the the Iowa City Public Library, but letter January 13 on behalf of Uni- common space, not in the stall area of there’s a problem that needs to be ad- versity of Iowa sophomore Kellsie the restrooms, they are more under- dressed. Right now, any footage they Pepponi, who in September had used standing,” Craig said. “It’s just part of take, because they are a government one of the bathrooms and afterward the security camera system in the li- agency, is subject to open records,” noticed a camera on the bathroom brary, and it is there for the safety and she said. “At the very, very least they ceiling. security of people. It is also there to need to update their signage, because Pepponi saw a sign outside the protect against theft and vandalism.” people are not aware that they are bathroom noting cameras were in Footage from the bathrooms is not being, in some of their more private use but, in seeing cameras outside the actively monitored by library staff, she moments, recorded. That would seem bathroom, believed the sign was refer- said, and is deleted after seven days. If a very straightforward solution to part encing those cameras, the letter said. footage is required for criminal inves- of the problem.” She did not notice the camera inside tigations, there are four employees au- Craig said the city attorney’s office the bathroom on her way in because thorized to examine the footage, she and the library’s board of directors are they are near the entrance, but no- said. Those employees are Craig, the reviewing the complaint. She said the ticed it while standing inside one of administrative business office manag- nine-member board will review any the stalls, the letter said. er, the head of the library’s IT depart- recommendations made by the attor- In the letter, the group asks that the ment, and a staff member who works ney’s office. cameras, located in the common areas in the community and access services “Ultimately, it’s the board’s deci- of the bathrooms, be removed because department. sion,” Craig said. Reported in: Iowa of violation of patrons’ privacy. If In the past, the library has provid- City Press-Citizen, January 13. that is not possible, the letter said, the ed police with footage that has led to group asks the library to post more arrests related to theft, vandalism, and Kansas City, Missouri adequate notice that the cameras are an assault, Craig said. A patron and a library director face located inside the bathrooms, that the “The cameras have been quite in- charges stemming from an event at recordings are subject to open records valuable since they were installed,” the Kansas City Public Library in requests, and to make clear what is she said. “The city attorney has said May. being recorded and who maintains the that as long as it is the common area Jeremy Rothe-Kushel, a documen- recordings. only, it is legal and that there should tarian and activist who lives in Law- In 2013, the ACLU of Iowa ob- be no expectation of privacy in the rence, asked provocative questions of tained recordings from the common common area of a public bathroom. a diplomat, who had just concluded areas of men’s and women’s restrooms That’s why we have them.” a talk about U.S. presidents’ attitudes via a public records request, the let- The library opened its new build- toward Israel. ter said. The footage showed patrons ing in 2004, Craig said, and the cam- Kansas City police said they arrest- changing, getting dressed and “adjust- eras have been functioning for more ed Rothe-Kushel because he was dis- ing themselves.” than ten years. Signs stating “security ruptive. Steven Woolfolk, the library’s “While individuals are given notice cameras are in use” are posted outside director of programming and mar- that they are being recorded, library of the bathrooms and inside some of keting, was charged with interfering patrons have an expectation that these the bathrooms. with that arrest. private acts should not be observed Veronica Lorson Fowler, commu- Library officials say the arrests nor recorded by a government entity,” nications director for the ACLU of were unwarranted. R. Crosby Kem- said Rita Bettis, ACLU of Iowa Legal Iowa, reiterated that at least, according per III, the executive director of Director, in a news release. to the complaint, the signage should the library, said the police infringed

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on Rothe-Kushel’s First Amend- video of the incident recorded by continue to extend resources to li- ment rights, and he stands by Wool- Rothe-Kushel’s friend indicates a brary staff as the Kansas City (Mo.) folk, who tried to intervene as forceful “advising.” Rothe-Kushel is Public Library moves forward with its Rothe-Kushel was removed from leaning into the microphone as two legal efforts.” the auditorium of the library’s Plaza men in suits descend on him, their Woolfolk said he has hosted dozens branch. arms extended. Hawkins is the first to of library events where more provoca- The police say Rothe-Kushel was arrive, and he grasps Rothe-Kushel by tive questions have been asked, and no arrested because of his actions, not the arm. one was arrested. The only time any- the content of his beliefs. “It was his Woolfolk tried to intervene as one has been asked to leave was when behavior that was disrupting the flow Hawkins and the other man removed an audience member fell asleep and of the event,” Capt. Stacey Graves, a Rothe-Kushel. Woolfolk said he was started snoring. police spokeswoman, says. trying to deescalate the situation. Po- The library ordinarily does not But free speech is not the only issue lice claim he did the opposite. “When have security or off-duty police at at stake. The case also raises questions an officer is effecting arrest, whether such events, but on occasion allows about the lines that blur when police you agree with it or not, you cannot it if a speaker, such as an author on officers exercise their powers while interfere with that arrest,” Graves said. abortion issues, may be in danger. working for private employers. For months, library officials pro- In this case, the library agreed to Off-duty Kansas City police of- tested that the arrests and charges have the Jewish Community Foun- ficers made the arrests at the May were a violation of the First Amend- dation bring security, in part out of 9 event, a talk by Dennis Ross, an ment, but did not go public with its sensitivity to the 2014 shootings that ambassador who has worked in the objections until late September. That left three dead at Jewish sites in Over- Middle East. A sergeant and two de- prompted ALA President Julie Todaro land Park. But library officials said tectives were hired by the Truman to issue this statement: they had specified that no one was to Library Institute, which sponsored the “The ALA commends the Kansas be removed for asking uncomfortable event with the library and the Jewish City Public Library for its commit- questions and not without permission Community Foundation of Greater ment to fostering public deliberation of library staff, unless there was an Kansas City. and the exchange of a wide spectrum imminent threat. The officers’ point of contact at the of ideas by offering meeting rooms Kemper, the library director, said event was Blair Hawkins, the Jewish and other spaces for lectures, educa- the security guards and police officers Community Foundation’s director of tional programs, and organizational violated that agreement, along with community security. The foundation meetings. Its long history of support the library’s core reason for existence hired Hawkins, a former Seattle po- for free speech in public programming as a place to exchange ideas. lice detective, after a white nationalist exemplifies the library profession’s “We’re going to be living in a dif- murdered three people in the parking mission to influence positive and last- ferent kind of country” Kemper said, lots of two Jewish facilities in Over- ing change within their communities if people can be arrested for asking land Park in 2014. by providing opportunities for patrons questions at a library. “If this kind of Hawkins was an assertive pres- to freely express opposing viewpoints behavior is unacceptable to the po- ence at the May 9 event. He request- without fear of persecution. lice, then I guess we’re going to have ed that one of the off-duty officers “Libraries are public institutions to shut the library down.” Reported search Rothe-Kushel and a friend that serve as catalysts for public dis- in: The Pitch, October 11; Kansas City before they entered the auditorium cussions that help solve community Star, September 30, October 4; ny- where Ross was speaking. During challenges. Such efforts are not pos- books.com, October 14. the question-and-answer period, he sible when patrons are not allowed to closed in on Rothe-Kushel, who was engage in open debate in a public fo- Omaha, Nebraska trying to extend his exchange with rum, but rather are arrested for asking If a child were kidnapped at an Oma- Ross. difficult questions. ha library, staffers would want to turn In the police’s version of events, “The ALA commends Steve Wool- over security video to police imme- Hawkins approached Rothe-Kushel folk for defending a patron’s right diately. But the current library policy and “advised him that he was done to question and debate matters of says officers would first have to ob- speaking and needed to leave.” A public concern. The association will tain a court order. So Director Laura

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Marlane has proposed loosening that suspected of exposing themselves to a misconduct policy, including length- policy so that library officials could library patron, she would want staff to ening a ban from library premises for release security video if police needed be able to turn over the video. infractions such as breaking items and to take immediate action to save a life. Libraries generally resist releasing public intoxication. But at least one board member information that could identify pa- At its meeting, the board voted to wants to further loosen the policy trons or reveal what they are reading. take no action on Marlane and Mc- to allow police access to footage any The American Library Association’s Callister’s proposals but rather to send time there is reasonable suspicion that guidelines on patron privacy include them back for more work. a crime has occurred. the following: “Libraries should not Marlane said that if someone sus- Twice in recent years, law enforce- share personally identifiable user in- pects that a nonemergency crime has ment officials have asked the library to formation with law enforcement ex- occurred—such as a theft of a purse or loosen its policies on releasing infor- cept with the permission of the user a hit-and-run car crash in the parking mation, including the security video or in response to some form of judicial lot—library staffers save the security policy. In one instance, the police process (subpoena, search warrant, or footage until police can obtain a court chief appeared before the board to ask other court order).” order. the library to provide video to police In 2014, Mayor Jean Stothert’s chief “We want to keep the library safe without requiring a court order. Li- of staff, Marty Bilek, and Metropoli- for everybody and we want to work brary leaders resisted, saying patrons tan Community College Police Chief with police the best we can,” Marlane should expect privacy in libraries. Dave Friend appeared before the said. “But preserving patron privacy Marlane’s proposal doesn’t go as far board to ask that the library release is also a very important part of what as police have requested. She suggests patron names, addresses, and phone we do.” She said she plans to work allowing some library staffers to turn numbers to police in emergencies. with McCallister on striking the right over security video in situations that They cited a situation at the South balance. require “immediate action to prevent Omaha branch, a joint facility be- Assistant City Attorney Michelle imminent danger to life, or to identify tween the library system and Metro. Peters noted that the Fourth Amend- a person currently in custody on the Friend said a drunk man was harassing ment comes into play and said ob- premises.” other patrons and wouldn’t give police taining a warrant or subpoena is Marlane said that if, for example, his name. The chief said that prevent- common. She said in libraries people a child were kidnapped at a library ed officers from taking the man to a have a “heightened expectation of branch, the staff would want to turn treatment facility and tied up officers privacy.” over video footage immediately. “I for about two hours. Board member Mike Kennedy said wanted to change the policy to reflect The ACLU of Nebraska stepped in, there are legitimate privacy concerns. real situations,” Marlane said. saying the change would be unconsti- “We’re not going to zoom in the cam- But board member Kathleen Mc- tutional. The mayor’s office withdrew era to see if you checked out Fahren- Callister, who is married to an Oma- the request. heit 451, ” he said. Reported in: Oma- ha police captain, said the proposed Last year, Police Chief Todd ha World-Herald, October 26. change doesn’t go far enough. Schmaderer and Captain Katherine “I think we’re being too nice to the Belcastro-Gonzalez told the board Roselle Park, New Jersey bad guys,” she said. that the downtown library was drain- A public official’s tribute to America’s She offered an alternate proposal ing police resources. At that time, military veterans has stirred contro- that says staff can release video to po- Belcastro-Gonzalez asked the board versy in a New Jersey town. Out- lice in any “situation where there is a to enact a policy that would allow side of Veterans Memorial Library in reasonable suspicion that a crime has library officials to turn over footage Roselle Park is a silhouette of a soldier occurred, or to identify a person cur- from security cameras to police with- kneeling at a cross. It’s become the rently under investigation, including out requiring a subpoena. She also center of controversy among residents medical emergencies.” suggested searching patrons’ bags to including Gregory Storey. That would greatly broaden the make sure they don’t have weapons or “It’s a very touching memorial, types of situations where the library open containers of alcohol. but the problem is there’s a cross in would provide video to police. Mc- The board didn’t make those it. It singles out veterans of one re- Callister said that if someone was changes but did beef up the library’s ligion, and in doing so ignored and

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disrespects veterans of all other reli- Niose stated, “It may have, as long as Park Democratic Club, so there was gions, or no religion,” Storey said. he acknowledged that it wasn’t going speculation that an illegal meeting The memorial—paid for by May- to be put back up.” may have taken place during a polit- or Carl Hokanson—was installed on Additionally, an acknowledgement ical event. Patricia Butler, the library July 29 by city workers and came as from the borough regarding the Es- board president, stated that she herself a surprise to the board that runs the tablishment Clause violation also may was not aware of any approval. library. have resolved the matter, according to On October 6, the council voted After sixty-eight days in front of the AHA spokesman. unanimously to reverse its previous the Roselle Park Veterans Memo- Charlene Storey stated that she decision to accept a donation of the rial Library, the “Kneeling Soldier would not comment on the matter memorial and to approve its place- At Cross” memorial was removed in due to litigation other than to say, ment in front of the Roselle Park Vet- early October at the behest of Mayor “This doesn’t end the lawsuit. First of erans Memorial Library. The action Hokanson. all, it’s temporary. The mayor stated it was believed to have been taken to What started out as a donation was temporary. Secondly, it’s not just put an end to the lawsuit filed against from Hokanson, acting as a private a matter now with the mayor, it’s ac- the municipality to have the memo- resident, has led to a lawsuit filed by tions by council. If it [was removed] rial removed from public property. the American Humanist Associa- before council voted to accept it and Reported in: cbsnews.com, August tion and Gregory Storey along with to place it at the library, there would 16; New Jersey Today, September 11; his wife, Councilwoman-At-Large have been no lawsuit.” Roselle Park News, August 23, October Charlene Storey—acting as a private The council approved accepting 7, 12. citizen—against Hokanson in his ca- the donation and its placement at an pacity as mayor and the Borough of August 18 mayor and council meet- New York, New York Roselle Park for approving its place- ing. At that meeting, Roger Byron, In an apparent response to the election ment at the library. senior counsel for First Liberty Insti- of Donald Trump, libraries are prom- Although Mayor Hokanson said tute—a law firm that has offered to ising to destroy user information be- he would “temporarily remove the defend the municipality in case of a fore it can be used against readers and ‘Kneeling Soldier’ while the Storey lawsuit—was in attendance. backing up data abroad. lawsuit plays out in court,” his action “The mayor is my boss, we listen The New York Public Library did not end the lawsuit that was filed to him, but it was not put through the (NYPL) changed its privacy poli- on September 30. This is due, in part, board of trustees,” Interim Library cy November 30 to emphasize its to the mayor’s use of the word ‘tem- Supervisor Kit Rubino said when Sto- data-collection policies. The previous porary’ in his statement. rey first raised his complaint. How- week, the NYPL website stated that David Niose, the legal director ever, Storey claimed that the mayor “any library record or other informa- of the Appignani Humanist Legal told him, “This was approved by the tion collected by the Library as de- Center, which is the legal arm of the Board of Trustees of the library. Don’t scribed herein is subject to disclosure American Humanist Association, talk to me, talk to them.’” pursuant to subpoena, court order, or commented, “As far as the remov- Jeff Regan, vice president of the as otherwise authorized by applicable al goes . . . it doesn’t really change Roselle Park Library board of trustees, law.” anything as far as the lawsuit. I think claimed a quorum was present at a li- Now, the page reads, “Sometimes the mayor made it pretty clear that brary board meeting where a vote was the law requires us to share your in- he’s just removing it temporarily, for taken to accept the statute. However, formation, such as if we receive a val- some reason; presumably due to the the library board of trustees website id subpoena, warrant, or court order. litigation. He has every intention of shows no meetings were scheduled We may share your information if putting it back up and he thinks it be- in July or August. It seems, therefore, our careful review leads us to believe longs up so the issue still needs to be that a majority conducted business that the law, including state privacy resolved in the courts.” without following proper channels. law applicable to Library Records, re- When asked whether the organi- Five of the nine members of the li- quires us to do so.” zation’s concerns would have been brary board of trustees are also mem- The NYPL also assured users that resolved if the mayor had removed the bers of either the Roselle Park Dem- it will not retain data any longer than memorial before the lawsuit was filed, ocratic Committee or the Roselle is necessary. “We are committed to

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keeping such information, outlined in every week and devotes some of its the library doors with text attached all the examples above, only as long resources to splitting its archived ma- to each. The Trump comment read, as needed in order to provide Library terial into collections of similar mate- “Sign in or you will be deported.” services,” the librarians wrote. rial, such as political ads and books in The Clinton comment read, “This is Meanwhile the digital library the public domain. the only door to use. Only deplorables Archive.org, which keeps a search- Backlash from the librarian com- use the other door.” able database of public websites, an- munity to Trump’s election was so After being alerted to the signs nounced that it would create a new rapid that the American Library As- October 5, the school district imme- Canada-based backup of its huge in- sociation (ALA) issued an apology diately had the cutouts removed. The formation repository to respond to the for its November 18 statement, say- district issued an apology for the li- increased threat of invisible govern- ing its members would “work with brarian’s actions. ment scrutiny. The group’s services President-elect Trump” and his transi- District officials said the cutouts, include the Internet Archive and a tion team. particularly the one of Trump, offend- search engine cataloging it called the “We understand that content from ed some students, staff, and communi- Wayback Machine. these press releases, including the ty members. “We have statements by President 11/18/16 release that was posted in Veronica Lu, whose nephew sent Trump saying he’s against net neutral- error, was interpreted as capitulat- her a picture of the Trump cutout at ity and he wants to expand libel laws,” ing to and normalizing the incoming the library, said last week it was offen- Archive.org founder Brewster Kahle administration,” the ALA president, sive to her, her nephew, and many of said. “Librarians are wary of storing Julie B Todaro, wrote in American Li- his peers. Lu’s family is Hispanic. hoards of precious information ‘along braries. Todaro said that the ALA’s core “My nephew was upset about it, faultlines,’ whether those faultlines values remained unchanged: “free ac- and there were several other students were literal or ideological. Trump has cess, intellectual freedom, privacy and who were upset about it,” she said. called for surveillance of Muslims and confidentiality.” “Some students felt like they don’t be- nominated Jeff Sessions as his attorney “It is clear that many of these val- long here—like a certain race of peo- general; the Alabama senator called ues are at odds with messaging or po- ple do not belong here.” plans to stop the NSA’s warrantless sitions taken by the incoming admin- Before the closed session hearing, domestic wiretapping ‘idiotic.’” istration,” she wrote. Reported in: two men spoke in open forum urging Archive’s director of partnerships, The Guardian, November 30. trustees to consider cultural sensitivity Wendy Hanamura, said the decision training in the district. had been a sober one. “We didn’t pick Longview, Texas Longview immigration attorney Canada out of a hat,” she said. “Law A Longview High School librari- Jose Sanchez called the cutouts “of- in Canada has shifted recently, mak- an has been suspended for two days fensive and definitely not appropri- ing it a really great place for libraries without pay after she posted life-size ate.” He said the word “deported” on to experiment.” cutouts of presidential candidates with the Trump note has enhanced “fear” “Even before the election we had modified versions of campaign trail for the undocumented and the docu- made the decision to host at least Ca- quotes at the library entrance. mented community. nadian materials in Canada,” Kah- Longview ISD board President “To hear that Longview High le said. “They have rigorous privacy Chris Mack said he was uncertain School students were upset and to rules because they don’t particular- when librarian Linda Bailey will take hear that some of them felt like they ly like patients’ privacy information the two days of unpaid suspension, don’t belong here—like a certain race going to the United States.” The re- and noted that would be a decision for doesn’t belong here—is sickening,” sponse to the fundraising campaign administrators to make. Sanchez told trustees. He added that had been overwhelming, he said. Trustees took the action against the cutout of Clinton and the note at- The Wayback is a popular tool Bailey on October 10 after a closed tached to it also was “a disgrace.” among journalists; one of its key fea- session hearing in which they were Sanchez said that he didn’t be- tures is the ability to see what chang- scheduled to consider suspension lieve Bailey should be fired for her es were made to a given website and without pay for a district employee. actions. He said the librarian should when. The project automatically Bailey put the cutouts of Don- issue a personal apology to students, captures some 300 million webpages ald Trump and Hillary Clinton at staff, and the community, as well as be

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reprimanded. Reported in: Longview The school’s newspaper, the Oracle, Knight News asked to inspect copies News-Journal, October 11. published an article about the inves- of SGA budget requests along with an tigation, prompting outrage among electronic copy of the Activites and SCHOOLS parents and students. Services Fee financial database. The Mountain View, California “Emails started flowing in to the requests for budget documents went A Mountain View High School histo- principal late that night,” Navar- unanswered for more than a month, ry teacher was placed on paid leave af- ro said. Two days later, a Mountain and the news outlet filed a lawsuit ter comparing Donald Trump to Ad- View High School alumnus started a against the university on May 23 re- olf Hitler in an effort to show students Change.org petition, demanding that questing the release of the documents that the 2016 election is a reflection of Grissom revoke Navarro’s leave and and a permanent injunction to require the past. publicly apologize “for attempting to SGA to allow public comment. Frank Navarro, a Holocaust schol- intimidate a respected educator.” In response to the lawsuit, the uni- ar who has taught at Mountain View Within two days the petition had versity released a heavily redacted ver- High School for forty years, said the gathered almost 4,000 signatures. Re- sion of the documents June 3, includ- school’s principal and district super- ported in: San Francisco Chronicle, No- ing removing student names, citing intendent asked him to leave after a vember 13. the Family Educational Rights and parent complained about the parallels Privacy Act (FERPA), which protects he was drawing in his world studies COLLEGES AND students’ education records. class. UNIVERSITIES Michael Williams, a government “This parent said that I had said Orlando, Florida reporter for Knight News, said re- Donald Trump was Hitler, but I Knight News, an independent stu- porters’ ability to cover the news was would never say that,” Navarro said. dent news website at the University compromised by the redactions. “That’s sloppy historical thinking.” of Central Florida, has been forced to The university didn’t stop at with- He did, however, point out the sue the University of Central Florida holding the documents under FER- connections between Trump’s presi- three times in the past three years for PA. They claimed that the lawsuit was dential campaign and Hitler’s rise to access to records and meetings. In re- so baseless that Knight News should power: Both had promised to eject sponse, UCF has repeatedly asked the pay UCF’s legal fees—an unorthodox foreigners and make their countries courts to force the student-run outlet move, as the normal practice in Flor- “great again,” Navarro said. to pay the university’s legal bills—an ida open-government lawsuits is that “I think it makes sense,” he said. unusual move, since public-records only the requester is entitled to recov- “It’s factual, it’s evidence-based.” He laws generally provide compensation er attorney fees. added: “It reminds students that histo- only to the requester, not to the gov- “If we had to pay attorney’s fees ry is real.” ernment agency. it would cripple us,” Williams said. But Principal Dave Grissom and On April 7, the Student Govern- “We’re not a money-making ma- Superintendent Jeff Harding feared ment Association (SGA) at UCF, a chine. We’re not The New York Times. that the lessons may have been inap- campus of more than 60,000 students We are student-run, independent propriate in the tempestuous after- located in Orlando, passed an $18.6 publication.” math of the election. million budget in a meeting closed to Knight News is a 501(c)(3) nonprof- “Regardless of their political af- public comment. it launched in 2009. Students run the filiation, many of our students show This followed an incident in De- newsroom and do all the reporting, signs of emotional stress,” Grissom cember where the SGA held com- but the website is neither affiliated wrote in a letter to parents. He said mittee meetings on the allocation with nor funded by the university. he has an obligation to maintain of the Activities and Services Fee Last summer, the campus’s only an “emotionally safe environment” during the time the campus was official student newspaper, the Central for students while protecting teach- closed for winter break. Students at Florida Future, closed after forty-eight ers and staff against unsubstantiated UCF are not allowed to stay in the years. allegations. dorms over the holiday, and anyone UCF argues that Knight News’ re- Grissom called the paid leave pro- wishing to attend the meeting would quest for the documents is “meritless,” cess a “time-out” for the staff member have had to arrange for alternate and therefore the journalists and their under investigation. accommodations. attorney should be responsible for the

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financial resources the university must in this instance has become such an regarding a records request. This ac- expend to fight the case. issue. tion came in response to the paper’s In refusing to release the docu- “This information is and always has request for documents relating to the ments, the university is concealing the been public and for reasons I cannot firing of a professor accused of sexual use of government funds, Justin Hem- understand, UCF has engaged in cre- assault. lepp, a local attorney representing ative interpretation of what these rules On August 8, the university an- Knight News, said. Not only is their mean,” Hemlepp said. nounced its decision to sue the Ken- legal position indefensible, but he also If the court had ruled that the pa- tucky Kernel, the independent student finds it “preposterous” that a universi- per would be responsible for the fees, newspaper, over their open records re- ty would ask for attorney’s fees from a Hemlepp said it could have easily quest. On August 31, they made good student paper. bankrupted the independent student on that threat. “What this is really about is a uni- news outlet. The lawsuit came in response to an versity spending $250,000 in tax- Brigitte Snedeker, the editor- opinion by Attorney General Andy payer money in asserting the ridic- in-chief of Knight News, said it is un- Beshear’s office stating that the uni- ulous ideas that budget records are fortunate their university is willing to versity had violated the state’s Open private and that student government seek the destruction of a news outlet Records Act by withholding records can spend taxpayer money in secret,” where students learn journalism. concerning a former associate profes- Hemlepp said. “In my mind [seeking attorney’s sor’s sexual misconduct case from the Hemlepp said the budget docu- fees] is aggressive behavior because Kernel. ments and database records are nec- the university knows how small we The day the complaint was filed, essary to report on how SGA will are,” Snedeker said. the university posted a statement to allocate its $18.6 million budget. Not only is the lawsuit using the Twitter asserting that the lawsuit was Hemlepp argues that UCF’s FER- financial resources of the site and necessary to protect those who report PA defense has no legal basis, as the taking time away from other report- harassment under a promise of con- budget documents are not educational ing, Williams said the Knight News’s fidentiality: “We appealed the Office records and the students waived their persistence in getting the records is of AG’s opinion to protect the rights claim to privacy in taking an SGA causing students to feel that the news of victim-survivors—today and those position. organization is antagonistic. that follow.” On August 11, the Ninth Flor- “It’s leading students to believe that Because of the way Kentucky’s law ida Judicial Circuit Court ordered we’re one-sided or that we’re only go- is structured, a lawsuit is the only way the university to release the docu- ing after SGA because we have some for the university to appeal the attor- ments to the paper within forty-eight kind of grievance with them,” he said. ney general’s decision. hours, without redactions, and de- And even if or when the records The issue began in April, when nied the university’s request for at- become available, the delay is still then editor-in-chief Will Wright re- torney’s fees. costly because of the loss of timely quested documents detailing the uni- The ruling was consistent with coverage about SGA spending, Wil- versity’s investigation and subsequent Hemlepp’s position, with Judge John liams said. dispensation into sexual harassment Jordan deciding that budget docu- “We would prefer to have gotten and assault complaints against former ments are not educational records, and them as soon as possible so students associate professor James Harwood. that SGA participants implicitly waive would have been more aware of what The university did release docu- their right to privacy with relation to was happening in the university com- ments that showed the final agree- their participation in governmental munity as it was happening and not ment between administrators and the activities. months after the fact,” he said. Re- accused professor, and the paper was The university filed a stay to the ported in: splc.org, September 12. able to report that the university en- ruling almost immediately, following tered into an agreement with Har- it up with an appeal on August 22. Lexington, Kentucky wood allowing him to resign his po- In previous years, UCF has released The University of Kentucky filed a sition and continue to receive pay and these records without a fight, and nei- lawsuit against its student paper, the benefits until he resigned August 31. ther the student journalists nor the Kentucky Kernel, over an unfavorable But Wright said there were still lawyer can determine why releasing decision by the state’s attorney general major gaps in the coverage because

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reporters knew almost nothing else the students are not identifiable— have in the university and their will- about the case without the remaining therefore there is no privacy right be- ingness to report crimes of a similar documents UK withheld. The docu- ing protected here,” Miller said. “The nature were the attorney general’s de- ments the newspaper did receive were victims have reported to the Kernel cision to stand up in court. basically a conclusion of the case with that they want the documents’ infor- “The decision of the Attorney few details, leaving journalists unable mation disclosed. To the extent the General, if it stands, would mean con- to confirm what actually took place, university is claiming that privacy is fidential and private information rel- Marjorie Kirk, the Kernel’s current an interest, let [the university] go ask ative to a survivor wouldn’t just have editor-in-chief said. the victims—who they never talk- to be turned over to the Kernel or an- After the university declined to re- ed to, according to the Kernel—and other newspaper. It would have to be lease additional records detailing their let them say if they want their rights turned over to a private citizen, fellow investigation, citing privacy concerns, protected.” student or faculty or staff member. the paper appealed to Beshear’s office Shortly after Beshear’s decision There would be no discretion,” he for an opinion. Beshear’s office issued and UK’s announcement of the suit, said in an email. a memorandum on August 8, stat- a 122-page investigation document, But, according to the report, the ing that the university had refused to with the victims’ names and identifi- case’s complainants came forward release the documents to the attorney ers redacted, was handed over to the only after finding there were other general’s office for review and ruling Kernel by a source related to the case. victims. the university must release the re- University officials would not confirm The Kernel’s advisor, Chris Poore, cords—with names and identifiers of the authenticity of the documents ac- said the students’ appeal to the at- the witnesses redacted—as they were quired by the Kernel, but the news- torney general followed a common not proven to be protected under any paper reported that the report was course of action—one that would exemptions to the open records law. signed by the university’s deputy Title elicit a decision backed by the force Beshear’s decision prompted UK IX coordinator, Martha Alexander. of law. President Eli Capilouto to send a UK’s lawsuit claims that Beshear According to a statement from campus-wide email threatening to sue erred in ordering disclosure of the Capilouto, the university fully com- the Kernel. In the email, Capilouto records about UK’s investigation be- plies with 90 percent of open records cited the confidentiality and privacy cause the documents are protected requests, but in a small minority of of the victims as the reason for seal- from disclosure for three reasons: be- cases, they feel they must deny the re- ing the documents. Capilouto called cause they are confidential “education quests. “But in a handful of very spe- the investigation “preliminary,” and records” under FERPA, because they cific cases, we are faced with the deci- therefore not open to public record are “preliminary” and do not repre- sion of whether transparency is more laws—though the case is closed. sent the final outcome of the investi- important than the need to protect But the Kernel, which has been in gation, and because they contain at- the privacy and dignity of individu- contact with the victims’ spokesper- torney-client privileged material. al members of our community. It is son since they were first approached In a statement issued with the law- not,” Capilouto said in the statement. in March, reported that the victims suit, Jay Blanton, UK’s executive di- The university will never release wanted the documents to be public, rector of public relations and market- the names of victims of violence, not with names and identifiers redacted. ing, said, “Our argument is not with only for the safety of victims that are The spokesperson, the Kernel report- the Kentucky Kernel. Respectfully, it named in the documents, but also so ed, said the victims were not con- is with an opinion from the Office of that victims who have not yet come tacted before Capilouto’s email was Attorney General that, if allowed to forward will feel comfortable doing sent—they only heard about it when stand, would force the university to so, he said. they later saw an article about it. turn over private information about However, it is the policy of the And for Tom Miller, the attorney victim survivors to anyone, including Kernel—and most newsrooms—to not representing the Kernel in the suit, the the media, other students, employers, print victims’ names, and the attor- university’s claim for protecting the and strangers.” ney general’s decision specified that victims’ privacy doesn’t hold up. Blanton stated concerns about a the names and possible identifiers for “With the redaction of the names possible chilling effect on the trust the victims must be redacted from the and of any identifying information, students and others on campus might documents.

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But for Miller, who is fielding two encouraged to promote diverse polit- (ADL), a civil rights group focused other cases involving the universi- ical points of view, and we encour- on anti-Semitism, describes SJP as ty and its noncompliance with open age conversation and debate on all “the primary organizer of anti-Israel records laws, UK might be toeing a topics, I cannot support an organiza- events on U.S. college campuses and thin legal line. “This is just a pattern tion whose sole purpose is advocating the group most responsible for bring- of conduct the university has recent- political goals of a specific group, and ing divestment resolutions to votes ly displayed by just refusing to comply against a specific country, when these in front of student governments.” with the Open Records Act,” he said. goals clearly conflict with and run ADL writes that “since its founding For Kirk, as the Kernel moves on contrary to the mission and values of in 2001, SJP has consistently demon- in its legal proceedings and coverage the university,” Eldredge wrote. ized Israel, describing Israeli policies of the new school year, she hopes the “There is perhaps no more complex toward the Palestinians as racist and case could provide a stepping stone to topic than the Israeli-Palestinian con- apartheid-like, and comparing Israelis amending policies that might under- flict, and it is a topic that often leads to Nazis or Israel to the Jim Crow-era mine student safety nationally. to polarization rather than dialogue,” U.S.” Because of a provision in his em- Eldredge’s letter continued. “The pur- Yet SJP has organized on many ployment agreement with the univer- pose of the organization as stated in campuses, with many college and uni- sity, Harwood was able to tender his the proposed club constitution points versity leaders viewing the group as a resignation and forego a hearing—a toward that polarization. Specifically, part of the student organizing land- policy that is recognized as a permis- the call for boycott, divestment and scape (one that often includes pro-Is- sible resolution in federal Title IX sanctions of Israel presents a barrier rael groups). Various SJP chapters guidelines. And because his resigna- to open dialogue and mutual learning have had run-ins with college ad- tion precluded a hearing, the victims and understanding.” ministrators before—Palestine Legal who filed complaints against Har- The civil rights and legal advocacy has written previously about what wood will not be able to appeal the organizations Palestine Legal and the it describes as the differential treat- decision and the investigation will Center for Constitutional Rights first ment of student groups that focus on not be disclosed if he applies for a job publicized the email from Eldredge as Palestinian issues, writing in a 2015 elsewhere. part of an eleven-page joint letter to report that “universities often respond “I would hope that instead of the Fordham’s president. The letter de- to complaints from Israel advocacy legacy of this year being the year our scribes in detail a protracted applica- groups by investigating and dispro- university decided to sue our student tion process for the students who pro- portionately disciplining students and newspaper, rather it would be the year posed the club—they first submitted student groups for events and actions our university was the first to take a an application in November 2015— in support of Palestinian rights”—but stand against broken policies all over and outlines the types of questions Radhika Sainath, a staff attorney for the country,” Kirk said. Reported in: they report facing from administrators the organization, said this is the first splc.org, September 12. about their political beliefs and their case of which they’re aware in which plans to collaborate with Jewish orga- a SJP chapter has been preemptively New York, New York nizations on campus. Those questions banned. Fordham University has denied an ap- included “What does BDS mean to “All evidence indicates that the plication to form a Students for Justice you?” “Does BDS mean the dissolu- denial was based on the viewpoint of in Palestine (SJP) chapter on campus, tion of the state of Israel?” and “Why students’ message and/or their nation- citing as its rationale the group’s po- use the term ‘apartheid’?” al origin,” the joint letter from Pales- litical goals—including its support for SJP chapters across the country tine Legal and the Center for Con- the boycott, divestment, and sanctions have regularly attracted controver- stitutional Rights states. The letter movement against Israel—and the po- sy with, for example, their program- observes that all four of the original tential for polarization. ming marking “Israeli Apartheid applicants for the SJP chapter’s exec- Keith Eldredge, the dean of stu- Week” or with “mock eviction” utive board were students of color, dents at the Manhattan campus of events meant to draw attention to the three were Muslim and one was Pales- Fordham, a Jesuit institution, outlined removal of Palestinians from their tinian American. the reasons for the denial in a De- homes. In its profile of the organi- The letter continues, “The deni- cember 22 email. “While students are zation, the Anti-Defamation League al violates free speech and association

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principles, the university’s commit- status, students, faculty and staff are of Pai and O’Rielly noted that they “dis- ment to protect free inquiry, and course free to voice their opinions on sented from the Commission’s Feb- could give rise to a violation of Title Palestine, or any other issue.” ruary 2015 Net Neutrality decision, VI of the Civil Rights Act,” which Ahmad Awad, a graduating senior including the Order’s imposition of prohibits discrimination on the basis at Fordham and the would-be presi- unnecessary and unjustified burdens of race, color, or national origin. dent of the SJP chapter, said the group on providers.” The Foundation for Individual is still pushing for recognition on Pai and O’Rielly will have a 2–1 Rights in Education, or FIRE, which campus. He said Eldredge’s reason- Republican majority on the FCC advocates for free speech on campus- ing for denying the organization club after the departure of Democratic es, has also taken an interest in the status is contradictory to Fordham’s Chairman Tom Wheeler on Janu- case and plans to send its own letter to mission statement, which articulates ary 20. Pai previously said that the Fordham, according to Ari Cohn, the a commitment to freedom of inqui- Title II net neutrality order’s “days director of FIRE’s individual rights ry and to the promotion of justice and are numbered” under Trump, while defense program. “In this case, I think protection of human rights. O’Rielly said he intends to “undo that the justification for denying SJP “Yet we were declined when that’s harmful policies” such as the Title II recognition is completely without what we were trying to advocate for,” reclassification. merit and cannot stand at any univer- said Awad. “We’re advocating for a The net neutrality order gave ISPs sity that proclaims that it values free- free Palestinian people. We’re advo- with 100,000 or fewer subscribers a dom of expression, which Fordham’s cating for a Palestinian people who temporary exemption from enhanced written policies do,” said Cohn. are not oppressed and occupied.” Re- transparency requirements that force Cohn noted that Fordham has ported in: insidehighered.com, Janu- operators to provide more informa- chapters of the College Democrats ary 18. tion about the plans they offer and and College Republicans, both of their network performance. ISPs can which advocate for specific political NET NEUTRALITY comply with the rules by adopting goals. “The fact that the group [SJP] Washington, DC “nutrition labels” that give consumers is oriented toward advocating a specif- The U.S. Federal Communications details about prices (including hidden ic political viewpoint is not out of the Commission’s two Republican mem- fees tacked onto the base price), data ordinary, and student organizations bers told internet service providers caps, overage charges, speed, latency, at every campus across the country December 19 that they will get to packet loss, and so on. do just that,” Cohn said. “It’s a little work on gutting net neutrality rules The exemption for small providers bit baffling to see that justification “as soon as possible.” lapsed on December 15 after the FCC used to deny a student organization FCC Republicans Ajit Pai and couldn’t agree on a deal to extend it. recognition.” Michael O’Rielly sent a letter to five Pai and O’Rielly tried to convince Eldredge, the dean of students who lobby groups representing wireless fellow commissioners to extend the wrote the email outlining the reasons carriers and small ISPs; while the exemption for small providers and ap- for the denial, referred an interview letter was mostly about plans to ex- ply it to any ISP with up to 250,000 request to a college spokesman, Bob tend an exemption for small providers subscribers. Howe, who issued a written state- from certain disclosure requirements, To make things more complicat- ment. “Fordham has no registered the commissioners also said they will ed, the enhanced transparency rules student clubs the sole focus of which tackle the entire net neutrality order haven’t yet taken effect for ISPs of any is the political agenda of one nation, shortly after President-elect Donald size because that portion of the net against another nation,” the state- Trump’s inauguration on January 20. neutrality order required an additional ment said. “For the university’s pur- “We will seek to revisit [the dis- review by the Office of Management poses, the country of origin of the closure] requirements, and the Title and Budget (OMB) to comply with student organizers is irrelevant, as is II Net Neutrality proceeding more the Paperwork Reduction Act. The their particular political stance. The broadly, as soon as possible,” they OMB finally approved the new re- narrowness of Students for Justice wrote, referring to the order that im- quirements in December, and they are in Palestine’s political focus makes it posed net neutrality rules and reclas- now set to take effect on January 17. more akin to a lobbying group than a sified ISPs as common carriers under “We want to assure you and student club. Regardless of the club’s Title II of the Communications Act. your members that we would not

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support any adverse actions against FCC’s operations, accelerating the to “enter information associated with small business providers for sup- rollout of airwaves for mobile broad- your online presence,” a government posed non-compliance with the ‘en- band and knocking down regulatory official confirmed. The prompt in- hanced transparency’ rules after that barriers that he claims deter compa- cludes a drop-down menu that lists date [January 17],” Pai and O’Rielly nies from investing in wired internet. platforms including Facebook, Goo- wrote. That means small ISPs won’t In a December speech, he said it was gle+, Instagram, LinkedIn, and You- have to worry about complying even time to fire up the “regulatory weed Tube, as well as a space for users to in- when the rules are technically in whacker.” put their account names on those sites. effect. Consumer advocates urged Pai to The new policy came as Washing- More broadly, the Title II net safeguard consumer protections and ton tries to improve its ability to spot neutrality order prohibits ISPs from prevent large corporations from un- and deny entry to individuals who blocking or throttling traffic or giving reasonably raising prices. have ties to terrorist groups like the priority to web services in exchange “Chairman Pai has a record of Islamic State. But the government has for payment. The order also set up a promising to undo the agency’s land- faced a barrage of criticism since it complaint process to prevent “unjust” mark 2015 net neutrality rules as well first floated the idea last summer. The or “unreasonable” pricing and prac- as targeting consumer privacy while Internet Association, which represents tices. The threat of complaints to the refusing to stand against consolidation companies including Facebook, Goo- FCC helped put an end to several dis- among telecommunications and me- gle, and Twitter, at the time joined putes between ISPs and other network dia giants,” the advocacy organization with consumer advocates to argue the operators over network interconnec- Public Knowledge said in a release. draft policy threatened free expression tion payments; this in turn improved Pai’s opposition to the commis- and posed new privacy and security internet service quality for many sion’s net neutrality rules could give risks to foreigners. subscribers. Republicans in Congress the political Now that it is final, those oppo- All of that is in jeopardy with the room to craft a legislative deal with nents are furious the Obama adminis- Pai/O’Rielly promise to undo the en- Democrats who view net neutral- tration ignored their concerns. tire Title II net neutrality order. The ity protections as a key to preserv- “There are very few rules about process could take months, even if ing competition, policy analysts said. how that information is being col- they get started right away, because of Senator John Thune (R-S.D.), chair lected, maintained [and] disseminat- requirements to seek public comment. of the Senate Commerce Committee, ed to other agencies, and there are no The Republican-controlled Congress said he is committed to drawing up a guidelines about limiting the govern- could act more quickly, since Trump “long-term legislative solution to pro- ment’s use of that information,” said has opposed net neutrality rules and tecting the open Internet.” Reported Michael W. Macleod-Ball, chief of isn’t likely to veto a bill overturning in: arstechnica.com, December 20; staff for the American Civil Liberties the Title II order. When either the Washington Post, January 23. Union’s Washington office. “While FCC or Congress do act, the biggest the government certainly has a right question will be whether the net neu- SOCIAL MEDIA to collect some information . . . it trality regime is replaced with a weak- Washington, DC would be nice if they would focus on er set of rules or scrapped entirely. The U.S. government quietly began the privacy concerns some advocacy Shortly after his inauguration, in December requesting that select groups have long expressed.” President Trump appointed Pai to foreign visitors provide their Face- A spokeswoman for Customs and succeed Wheeler as chair of the FCC. book, Twitter, and other social media Border Protection, who said the gov- Although consistent with Trump’s accounts on arriving in the country, a ernment approved the change on largely deregulatory agenda, Pai’s move designed to spot potential ter- December 19, said the new policy is appointment breaks from the presi- rorist threats that drew months of op- meant to “identify potential threats.” dent’s habit of appointing Washing- position from tech giants and privacy Previously, the agency had said it ton outsiders to key roles. A former hawks alike. wouldn’t prohibit entry to foreigners lawyer for Verizon and the Justice Since December 20 foreign trav- who didn’t provide their social media Department, Pai is well-versed in the elers arriving in the United States on account information. minutiae of America’s telecom law. the visa waiver program have been The question itself is included He has pushed for streamlining the presented with an “optional” request in what’s known as the Electronic

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System for Travel Authorization protections—will now believe they where sex offenders who visited all of (ESTA), a process that certain foreign are more warranted in demanding so- the “learning stations” could quali- travelers must complete to come to cial media information from visitors fy to be removed from the state’s sex the United States. ESTA and a related that could jeopardize visitors’ safe- offender registry; and offering teen- paper form specifically apply to those ty,” said Internet Association general agers abortions, to be performed in a arriving here through the visa-waiver counsel Abigail Slater. “The nature of van in the parking lot of a local super- program, which allows citizens of the DHS’ requests delves into personal market “using an experimental tech- thirty-eight countries to travel and information, creating an information nique discovered by the Parma Police stay in the United States for up to dragnet.” Reported in: politico.com, Department.” ninety days without a visa. December 22. There was also a warning that As soon as the government un- anyone caught feeding the homeless veiled its draft proposal in June, how- Parma, Ohio would go to jail as part of “an at- ever, consumer protection advocates Anthony Novak, who was arrested tempt to have the homeless popula- expressed outrage. In a letter sent in for creating a parody of the Parma, tion eventually leave our city due to August, the ACLU, Center for De- Ohio, police department’s Facebook starvation,” along with an ad seeking mocracy and Technology charged it page, has filed a federal lawsuit ac- applicants for jobs with the police de- posed immense privacy risks, given cusing seven officers of violating his partment that said “Parma is an equal that social media accounts serve as constitutional rights by using the legal opportunity employer but is strongly “gateways into an enormous amount system to punish him for making fun encouraging minorities to not apply.” of [users’] online expression and as- of them. The police were not amused. “The sociations, which can reflect highly In August, Novak was acquitted of Parma Police Department would like sensitive information about that per- using a computer and the internet to to warn the public that a fake Parma son’s opinions, beliefs, identity and “disrupt, interrupt, or impair” police Police Facebook page has been cre- community.” The groups also pre- services, a felony punishable by up to ated,” said a Facebook notice posted dicted the burden would “fall hardest eighteen months in prison. Now he on March 2. “This matter is currently on Arab and Muslim communities, is trying to get some compensation being investigated by the Parma Po- whose usernames, posts, contacts and from the city for the injuries inflicted lice Department and Facebook. This social networks will be exposed to in- by that charge, arguing that the police is the Parma Police Department’s offi- tense scrutiny.” did not have probable cause to arrest cial Facebook page. The public should After the policy changed, Nathan him or search his apartment. He also disregard any and all information White, the senior legislative manag- argues that the statute used to prose- posted on the fake Facebook account. er of Access Now, again blasted it as a cute him is “unconstitutionally over- The individual(s) who created this threat to human rights. broad because it provides the police fake account are not employed by the “The choice to hand over this in- unfettered discretion to wrongfully police department in any capacity and formation is technically voluntary,” arrest and charge civilians in the State were never authorized to post infor- he said. “But the process to enter the of Ohio with a crime for exercising mation on behalf of the department.” U.S. is confusing, and it’s likely that their First Amendment rights.” Despite the implication that people most visitors will fill out the card Novak’s parody, which he post- might think officers really were per- completely rather than risk additional ed on March 1 and deleted on March forming abortions in a van or really questions from intimidating, uni- 3 after the Parma Police Department did plan to promote family togeth- formed officers—the same officers issued an indignant press release about erness by forcibly confining people who will decide which of your jokes it, copied the logo from the depart- to their homes, it is hard to believe are funny and which ones make you a ment’s actual Facebook page but was anyone mistook the parody for the security risk.” in other respects notably different. real thing. “The Facebook page was Opponents also worry that the It included notices announcing “our not reasonably believable as conveying U.S. change will spark similar moves official stay inside and catch up with the voice or messages of the City of by other countries. the family day,” during which any- Parma Police Department,” Novak’s “Democratic and nondemocrat- one venturing outside between noon complaint notes. “Mr. Novak had no ic countries—including those with- and 9 p.m. would be arrested; adver- intention of deceiving people into be- out the United States’ due process tising a “Pedophile Reform event” lieving that the account was actually

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operated by a representative of the mention any function or service that an intelligence agency’s request by police department, and no reasonable Mr. Novak purportedly disrupted.” searching all arriving messages, as person could conclude such an intent The post-arrest press release likewise opposed to examining stored messag- from the content of the page.” “mentioned nothing about any police es or scanning a small number of ac- Parma police nevertheless launched function that Mr. Novak intentionally counts in real time. an investigation that involved at least disrupted through the exercise of his It is not known what information seven officers, a subpoena, and three constitutional rights.” intelligence officials were looking search warrants, and a raid on No- Someone in the Cuyahoga Coun- for, only that they wanted Yahoo to vak’s apartment, during which police ty Prosecutor’s Office evidently had search for a set of characters. That surprised his roommate on the toilet second thoughts about the case be- could mean a phrase in an email or an and seized two hard drives, a laptop, cause Novak was offered a plea deal attachment, said the sources, who did two tablets, two cellphones, and two under which the felony charge would not want to be identified. video game systems. After his arrest have been reduced to an unspecified Reuters was unable to determine on March 25, Novak spent four days misdemeanor. Novak turned the of- what data Yahoo may have handed in jail before he got out on bail, and fer down, by that point eager to have over, if any, and if intelligence offi- then he had to report weekly to a pro- his day in court. By the time his trial cials had approached other email pro- bation officer if he wanted to keep his rolled around, prosecutors had settled viders besides Yahoo with this kind of freedom. on the theory that Novak’s Facebook request. Explaining the justification for No- gag had disrupted police services by According to two of the former vak’s arrest, Lieutenant Kevin Ri- generating phone calls to the police employees, Yahoo Chief Executive ley, a department spokesman and one department—a grand total of ten in Marissa Mayer’s decision to obey the of the officers named in the lawsuit, twelve hours. The jury did not buy it. directive roiled some senior executives said “the material that Novak posted To this day Riley maintains that and led to the June 2015 departure of on the fake account crossed the line “we were just doing our job.” Which Chief Information Security Officer from satire to an actual risk to public is true, if you assume an officer’s job Alex Stamos, who now holds the top safety.” How so? Riley complained includes hunting down online speech security job at Facebook. that “Novak posted derogatory and that offends him, making sure it is “Yahoo is a law abiding compa- inflammatory information that pur- scrubbed from the internet, and try- ny, and complies with the laws of the ported to be from the Parma Police ing to imprison the people responsible United States,” the company said in a Department.” for it. Reported in: Reason, Septem- brief statement in response to Reuters The police knew it was inflamma- ber 21. questions about the demand. Yahoo tory because people had posted nega- declined any further comment. tive comments about the department PRIVACY The request to search Yahoo Mail on the parody page, including “Fuck San Francisco, California accounts came in the form of a classi- the Parma Police.” Yahoo secretly built a custom software fied edict sent to the company’s legal It was obvious how Novak had program to search all of its customers’ team, according to the three people offended the police but not so clear incoming emails for specific infor- familiar with the matter. how he had disrupted police services. mation provided by U.S. intelligence U.S. phone and internet compa- Even after settling on that charge, officials, according to people familiar nies are known to have handed over Novak’s lawsuit notes, the police had with the matter. The company com- bulk customer data to intelligence no “supportive evidence or facts that plied with a classified U.S. govern- agencies. But some former govern- any of the functions of the Parma ment demand, scanning hundreds of ment officials and private surveillance Police Department had been disrupt- millions of Yahoo Mail accounts at experts said they had not previously ed or that Mr. Novak intended his the behest of the National Security seen either such a broad demand for Facebook page to in fact disrupt any Agency or FBI, said three former em- real-time web collection or one that function of the Parma Police Depart- ployees and a fourth person apprised required the creation of a new com- ment.” When they applied for a search of the events. puter program. warrant demanding that Facebook Some surveillance experts said “I’ve never seen that, a wiretap in surrender the records associated with this was the first case to surface of a real time on a ‘selector,’” said Al- the parody page, the police “failed to U.S. internet company agreeing to bert Gidari, a lawyer who represented

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phone and internet companies on before the Foreign Intelligence Sur- Yahoo in 2007 had fought a FISA surveillance issues for twenty years veillance Court, a secret tribunal. demand that it conduct searches on before moving to Stanford University Some FISA experts said Yahoo specific email accounts without a last year. A selector refers to a type of could have tried to fight last year’s court-approved warrant. Details of search term used to zero in on specific demand on at least two grounds: the the case remain sealed, but a partial- information. breadth of the directive and the ne- ly redacted published opinion showed “It would be really difficult for a cessity of writing a special program to Yahoo’s challenge was unsuccessful. provider to do that,” he added. search all customers’ emails in transit. Some Yahoo employees were up- Experts said it was likely that the Apple made a similar argument set about the decision not to contest NSA or FBI had approached oth- earlier last year when it refused to the more recent edict and thought the er internet companies with the same create a special program to break into company could have prevailed, the demand, since they evidently did not an encrypted iPhone used in the 2015 sources said. They were also upset that know what email accounts were being San Bernardino massacre. The FBI Mayer and Yahoo General Counsel used by the target. The NSA usually dropped the case after it unlocked the Ron Bell did not involve the com- makes requests for domestic surveil- phone with the help of a third party, pany’s security team in the process, lance through the FBI, so it is hard so no precedent was set. instead asking Yahoo’s email engi- to know which agency is seeking the “It is deeply disappointing that Ya- neers to write a program to siphon information. hoo declined to challenge this sweep- off messages containing the character Alphabet’s Google and Microsoft, ing surveillance order, because cus- string the spies sought and store them two major U.S. email service provid- tomers are counting on technology for remote retrieval, according to the ers, separately said that they had not companies to stand up to novel spying sources. conducted such email searches. demands in court,” Patrick Toomey, The sources said the program was “We’ve never received such a re- an attorney with the American Civil discovered by Yahoo’s security team quest, but if we did, our response Liberties Union, said in a statement. in May 2015, within weeks of its in- would be simple: ‘No way,’” a spokes- Some FISA experts defended Ya- stallation. The security team initially man for Google said in a statement. hoo’s decision to comply, saying noth- thought hackers had broken in. A Microsoft spokesperson said in a ing prohibited the surveillance court When Stamos found out that May- statement, “We have never engaged from ordering a search for a specif- er had authorized the program, he in the secret scanning of email traf- ic term instead of a specific account. resigned as chief information security fic like what has been reported today So-called “upstream” bulk collection officer and told his subordinates that about Yahoo.” The company declined from phone carriers based on con- he had been left out of a decision that to comment on whether it had re- tent was found to be legal, they said, hurt users’ security, the sources said. ceived such a request. and the same logic could apply to web Due to a programming flaw, he told Under laws including the 2008 companies’ mail. them hackers could have accessed the amendments to the Foreign Intelli- As tech companies become bet- stored emails. gence Surveillance Act, intelligence ter at encrypting data, they are likely Stamos’s announcement in June agencies can ask U.S. phone and in- to face more such requests from spy 2015 that he had joined Facebook ternet companies to provide customer agencies. did not mention any problems with data to aid foreign intelligence-gather- Former NSA General Counsel Yahoo. ing efforts for a variety of reasons, in- Stewart Baker said email providers In a separate incident, Yahoo last cluding prevention of terrorist attacks. “have the power to encrypt it all, and month said “state-sponsored” hack- Disclosures by former NSA con- with that comes added responsibility ers had gained access to 500 million tractor Edward Snowden and others to do some of the work that had been customer accounts in 2014. The reve- have exposed the extent of electron- done by the intelligence agencies.” lations have brought new scrutiny to ic surveillance and led U.S. authori- Mayer and other executives ulti- Yahoo’s security practices as the com- ties to modestly scale back some of the mately decided to comply with the di- pany tries to complete a deal to sell programs, in part to protect privacy rective last year rather than fight it, in its core business to Verizon for $4.8 rights. part because they thought they would billion. Reported in: reuters.com, Companies including Yahoo have lose, said the people familiar with the October 4. challenged some classified surveillance matter.

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Washington, DC Privacy groups applauded the new permission first to gather web brows- Federal officials approved broad new rules, which they said brought the ing habits, for example. privacy rules October 27 that prevent United States more in line with Euro- AT&T, Verizon, and Comcast will companies like AT&T and Comcast pean nations that have moved aggres- also still be able to gather consum- from collecting and giving out digital sively to protect their citizens’ online ers’ digital data, though not as easily information about individuals—such privacy. as before. The FCC rules apply only as the websites they visited and the “For the first time, the public will to their broadband businesses. That apps they used—in a move that creates be guaranteed that when they use would mean data from the habits of landmark protections for internet users. broadband to connect to the inter- AT&T’s wireless and home broad- By a 3-to-2 vote, the Federal net, whether on a mobile device or band customers would be subject to Communications Commission clearly personal computer, they will have the the regulations, but not data about took the side of consumers. The new ability to decide whether and how AT&T’s DirecTV users or users of the rules require broadband providers to much of their information can be HBO Now app, which would come obtain permission from subscribers to gathered,” said Jeffrey Chester, execu- with the merger with Time Warner, gather and give out data on their web tive director of the Center for Digital for example. browsing, app use, location and finan- Democracy. The companies also have oth- cial information. Currently, broad- The outcry from industries that er ways to collect information about band providers can track users unless depend on online user data was also people, including the purchase of data those individuals tell them to stop. swift. Cable lobbying groups called from brokers. It was the first time the FCC has the rules a result of “regulatory op- AT&T, which has criticized the passed such online protections. The portunism,” while the Association of privacy regulations for internet ser- agency made privacy rules for phones National Advertisers labeled the reg- vice providers, would not comment and cable television in the past, but ulations “unprecedented, misguided, on how the rules would affect its high-speed internet providers, in- counterproductive, and potentially proposed purchase of Time Warner. cluding AT&T and Verizon, were not extremely harmful.” But it emphasized the benefits of ads held to any privacy restrictions, even Even with the new rules, online that allow for free and cheaper web though those behemoth companies privacy remains tricky. Many peo- services. have arguably one of the most expan- ple have been lackadaisical about “At the end of the day, consumers sive views of the habits of web users. what information they give up online desire services which shift costs away The passage of the rules dealt a when they register for websites or from them and toward advertisers,” blow to telecommunications and cable digital services. The convenience of said Robert W. Quinn Jr., AT&T’s companies like AT&T and Comcast, free services like maps also appeals to senior executive vice president for ex- which rely on such user data to serve people, even though they give com- ternal and legislative affairs. “We will sophisticated targeted advertising. The panies access to personal information. look at the specifics of today’s action, fallout may affect AT&T’s $85.4 bil- And some people unknowingly forgo but it would appear on its face to in- lion bid for Time Warner, which was their privacy when allowing apps or hibit that shift of lower costs for con- announced in October, because one other services to track their loca- sumers by imposing a different set of of the stated ambitions of the block- tion or follow their browsing across rules on” internet service providers. buster deal was to combine resources websites. Comcast said that the rules were to move more forcefully into targeted The FCC rules also have their not needed and that the FCC did not advertising. limits. Online ad juggernauts, in- prove that broadband providers were “There is a basic truth: It is the cluding Google, Facebook, and other hurting consumers. consumer’s information,” Tom web companies, are not subject to the For over two decades, internet ser- Wheeler, the chairman of the FCC, new regulations. The FCC does not vice providers “and all other internet said of the necessity of protecting in- have jurisdiction over web companies. companies have operated under the ternet users who want more control Those companies are instead required FTC’s privacy regime and, during that over how companies treat their private to follow general consumer protection time, the internet thrived; consum- information. “It is not the information rules enforced by the Federal Trade er privacy was protected,” said David of the network the consumer hires to Commission. That means Google L. Cohen, Comcast’s senior executive deliver that information.” does not have to explicitly ask people vice president.

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Major broadband providers will in comments filed to the FCC this more widespread, advanced, and un- have about one year to make the month that the regulations should not regulated than anyone has previously changes required by the new rules; include web browsing, because that reported. the companies must notify users of does not necessarily include sensitive “Face recognition is a powerful their new privacy options in ways like personal information. technology that requires strict over- email or dialogue boxes on websites. “Consumers benefit from responsi- sight. But those controls by and large After the rules are in effect, broad- ble online advertising, individualized don’t exist today,” said Clare Garvie, band providers will immediately stop content, and product improvements one of the report’s co-authors. “With collecting what the FCC deems sen- based on browsing information,” only a few exceptions, there are no sitive data, including Social Security wrote Austin Schlick, Google’s direc- laws governing police use of the tech- numbers and health data, unless a cus- tor of communications law. nology, no standards ensuring its ac- tomer gives permission. In the end, the objections had little curacy, and no systems checking for The new rules are among a set of effect on the FCC. bias. It’s a wild west.” last-ditch moves by Wheeler to make “Hopefully, this is the end of what Of the fifty-two agencies that ac- the FCC a stronger watchdog over has been the race to the bottom for knowledged using face recognition the broadband industry. Since he was online privacy, and hopefully the in response to 106 records requests, appointed FCC chairman in 2013, he beginning of a race to the top,” said the authors found that only one had has tried to open the cable box mar- Harold Feld, senior vice president at obtained legislative approval before ket in an effort to promote streaming Public Knowledge, a nonprofit public doing so. Government reports have videos, among other actions. Wheel- interest group. Reported in: New York long confirmed that millions of imag- er is entering what are probably the Times, October 27. es of citizens are collected and stored last few months of his tenure at the in federal face recognition databas- agency, as he was not expected to be Washington, DC es. Since at least 2002, civil liber- reappointed by whoever becomes the A broad coalition of over fifty civ- ties advocates have raised concerns next president. il liberties groups delivered a letter to that millions of drivers license photos The FCC proposed the broadband the Justice Department’s civil rights of Americans who have never been privacy rules in March. That followed division October 18 calling for an in- arrested are being subject to facial the reclassification of broadband last vestigation into the expanding use of searches—a practice that amounts to year into a utilitylike service, a move face recognition technology by police. a perpetual digital lineup. This report that required broadband to have pri- “Safeguards to ensure this technolo- augments such fears, demonstrating vacy rules similar to those imposed on gy is being used fairly and responsibly that at least one in four state or local phone companies. appear to be virtually nonexistent,” law enforcement agencies have access Once the rules were proposed, the the letter stated. The routine unsuper- to face recognition systems. FCC immediately faced a backlash. vised use of face recognition systems, Among its findings, the report pro- Cable and telecom companies creat- according to the dozens of signatories, vides the most fine-grained detail to ed a lobbying group called the 21st threatens the privacy and civil liber- date on how exactly these face recog- Century Privacy Coalition to fight ties of millions—especially those of nition systems might disproportion- off the regulations. The group is led immigrants and people of color. ately impact African Americans. “Face by Washington heavyweights like Jon These civil rights groups were pro- recognition systems are powerful— Leibowitz, the former chairman of vided with advance copies of a water- but they can also be biased,” the co- the FTC, and former Representative shed 150-page report detailing—in alition’s letter explains. While one in Mary Bono, Republican of Califor- many cases for the first time—how two American adults have face images nia. Henry A. Waxman, former chair- local police departments across the stored in at least one database, African man of the House Energy and Com- country have been using facial rec- Americans are more likely than oth- merce Committee and a Democrat, ognition technology. Titled “The ers to have their images captured and was also hired by the 21st Century Perpetual Lineup,” the report, pub- searched by face recognition systems. Privacy Coalition and wrote an op-ed lished October 18 by the Georgetown In Virginia, for instance, the re- article in The Hill to protest the rules. Center on Privacy and Technology, port shows how state police can Even some web companies pro- reveals that police deploy face rec- search a mug shot database dispro- tested the proposed rules. Google said ognition technology in ways that are portionately populated with African

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Americans, who are twice as likely to executive director of the George- include both mug shots and driver’s be arrested in the state. Not only are town Center and one of the report’s license photos. African Americans more likely to be co-authors. “Now suddenly everyone In a landmark Supreme Court de- subject to searches, according to the is a suspect.” Real-time recognition, cision on privacy, in which the jus- report, but this overrepresentation he added, could have a chilling effect tices unanimously concluded that the puts them at greatest risk for a false on people engaging in civil conduct. prolonged use of an unwarranted GPS match. “It would be totally legal to take pic- device violated the Fourth Amend- These errors could be compounded ture of people obstructing traffic and ment, Justice Sotomayor wondered by the fact that some face recognition identify them.” whether “people reasonably expect algorithms have been shown to mis- Indeed, as the ACLU revealed that their movements will be record- identify African Americans, women, the previous week, face recogni- ed and aggregated in a manner that and young people at unusually high tion systems were used to track Black enables the government to ascertain, rates. In a 2012 study co-authored Lives Matter protesters in Baltimore. more or less at will, their political and by FBI experts, three algorithms that “There’s a question of who is being religious beliefs, sexual habits, and so were tested performed between 5 subjected to this kind of facial recog- on.” and 10 percent worse on black faces nition search in the first place,” David Of the fifty-two agencies found by than on white faces. And the overall Rocah, a staff attorney at the ACLU the report to have used face recogni- accuracy of systems has been shown of Maryland, told the Baltimore Sun. tion, however, only one department’s to decrease as a dataset expands. The “Is it only Black Lives Matter demon- policy explicitly prohibited officers Georgetown report interviewed two strators who get this treatment? Are from “using face recognition to track major facial recognition vendors they drawing those circles only in cer- individuals engaging in political, reli- which said that they did not test for tain neighborhoods? The context in gious, or other protected free speech.” racial basis, despite the fact that sys- which it’s described here seems quint- Apart from some news stories fo- tems have been shown to be far from essentially improper.” cusing on the policies of specific “race-blind.” Bedoya pointed out that these sys- departments, most notably those of A slideshow on San Diego’s privacy tems in Baltimore uploaded social San Diego County, reporting on law policy obtained by the researchers re- media photographs of protestors into enforcement’s use of face recognition veals that people of color in the coun- these systems to conduct real-time technology has been scarce. Depart- ty are between 1.5 and 2.5 times more street surveillance. “It turns the prem- ments themselves have not been forth- likely to be targeted by its surveil- ise of the Fourth Amendment on its coming about their use of the technol- lance systems. San Diego County uses head,” he added. ogy to identify suspects on the streets a mugshot-only system, and repeat- The Georgetown report shows that and to secure convictions. And many ed studies have shown that African some departmental policies allow for of the documents obtained by priva- Americans are twice as likely as white face recognition algorithms to be used cy organizations about face recogni- people to be arrested and searched by in the absence of an individualized tion programs largely date to 2011, police. suspicion, which means the technolo- prior to the federal face program’s full The Georgetown report shows for gy could conceivably be used to iden- implementation. the first time that at least five major tify anyone. At least three agencies, This is partly due to how little in- police departments have “run real- according to the report, allow face formation is available. There is no na- time face recognition off of street recognition searches to identify wit- tional database of departments using cameras, bought technology that can nesses of a crime in addition to crimi- these programs, how they work, what do so, or expressed a written inter- nal suspects. policies govern them, who can access est in buying it.” They warn that such As privacy organizations have pre- them, and how the passive informa- real-time surveillance tracking could viously noted, the FBI’s federal da- tion is being collected and queried. have serious implications for the right tabase includes and simultaneously The Georgetown report, compiling to associate privately. searches photographic images of U.S. tens of thousands of records produced “This is the ability to conduct citizens who are neither criminals in response to Freedom of Informa- a real time digital manhunt on the or suspects. The Georgetown report tion requests sent to fifty of the largest street by putting people on a watch- likewise shows that some state data- police departments across the coun- list,” explained Alvaro Bedoya, the bases include mug shots, while others try, provides the most comprehensive

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snapshot to date of how and on whom recognition as “an extraordinarily The Georgetown report offers a face recognition systems are used— powerful tool.” “It doesn’t just track glimpse into this worst-case scenario, and what policies constrain their use, our phones or computers. It tracks our but Bedoya is hopeful that the Model if any. But even this picture continues flesh and our bones. This is a tracking Face Recognition Act proposed by the to be partial, given the continued lack technology unlike anything our soci- report and endorsed by the letter’s sig- of transparency of several large law ety has ever seen. You don’t even need natories provides a “deeply reasonable” enforcement agencies with some of to touch anything.” solution. He pointed to the fact that the most advanced systems. No national guidelines, laws, or state legislatures have previously passed The researchers state that despite polices currently regulate law enforce- laws to limit geolocation technology several news articles and descriptions ment’s use of face recognition tech- by police, automatic license plate read- of the New York Police Department’s nology. To fill this gap, the George- ers, drones, wiretaps, and other sur- face recognition program, the NYPD town report proposes protective veillance tools. “This is very feasible. denied their records request entirely, legislation for civil liberties, limits on It’s not about protecting criminals. It’s arguing that the records fell under a the amount and types of data stored, about protecting our values.” Reported “non-routine techniques and proce- and a push for independent oversight in: The Intercept, October 18. dures” exemption. Likewise, while and public notice procedures. the Los Angeles Police Department Among their recommendations, the Jackson, Mississippi has claimed to use real-time, contin- Georgetown researchers advise that Mississippi’s Democratic attorney gen- uous face recognition and has made mug shots, rather than driver’s license eral is again tangling with Google, decades of public statements about the and ID photos, be used to populate alleging in a lawsuit that the compa- technology, the department found “no photo databases for face recognition, ny is illegally violating student pri- records responsive to [their] request” and for those images to be “periodi- vacy, even as some Republicans seek for information about this or any cally scrubbed to eliminate the inno- to muzzle his ability to file such civil other face recognition system. “We cent.” They also suggest that financ- suits. followed up with a number emails ing for police face recognition systems Attorney General Jim Hood sued and calls inquiring what that meant,” be contingent “on public reporting, the California-based computer giant Garvie said. “The final word was that accuracy and bias tests, legislative ap- January 13 in Lowndes County Chan- they found no records responsive.” proval—and public posting—of a face cery Court. In a news conference, Of the fifty-two agencies that did recognition use policy.” Hood said Google is breaking Mis- provide responsive records to the re- In Seattle, where a face recogni- sissippi consumer protection law by searchers, at least twenty-four did not tion program was funded by a $1.64 selling ads using data from services it provide a face recognition use policy. million grant from the Department provides to schools. Four of those two dozen agencies ad- of Homeland Security, some of these “They’re building a profile so they mitted that they expressly lacked any model guidelines are already in place. can advertise to them,” Hood said. policy whatsoever to govern their face Only specially trained officers use the “They expressly stated in writing that recognition systems. software, real-time use is banned, and they would not do that.” Civil rights groups have long the software’s use is limited to scan- Hood said a test involving a student described the difficulties of call- ning suspicious subjects only. account from the state-run Missis- ing for greater oversight for a sys- The ACLU, when it first investi- sippi School of Math and Science in tem whose contours, uses, and abuses gated nascent uses of face recognition Columbus showed ads targeted to pre- are unknown. The amount of up- technology back in 2002, presciently vious searches. The attorney general to-date public records collected by warned that the “worst-case scenar- wants a judge to order Google, a unit the Georgetown researchers has the io . . . would be if police continue to of Alphabet, to stop the practice. potential to change this and spark a utilize facial recognition systems de- The suit says Google could be fined national conversation on oversight, spite their ineffectiveness because they up to $10,000 for each of its student Bedoya said. become invested in them, attached to accounts in Mississippi. With half the “I genuinely hope that more government or industry grants that state’s school districts using Goo- and more of the American public support them, or begin to discover gle’s email, calendar, and other online has a chance to see what’s at stake additional, even more frightening uses services, that amount could top $1 here,” Bedoya said, describing face for the technology.” billion.

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Hood sent a letter to local school file civil lawsuits without outside per- House Judiciary A Committee superintendents asking them to pre- mission, part of a long-running Re- Chairman Mark Baker, a Brandon serve evidence to help with the law- publican perception that Hood pur- Republican, said Hood’s use of civil suit. He’s advising parents to consult sues civil lawsuits in part to provide lawsuits is a “rampant abuse” of his their local school systems. income to plaintiffs’ lawyers who po- role. “When you give a written contract litically support him. Hood said out- “Every lawsuit that he files is a dec- and you don’t follow it and you mine side lawyers brought the student pri- laration of public policy” Baker said. the data, then it’s a violation of the vacy issue to him after publicity about “We’re the legislators, the setters of Mississippi Consumer Protection Act. his earlier dispute with Google. public policy. He’s the lawyer. He’s It’s an unfair and deceptive trade prac- A committee in the Republi- not also the client.” Hood, though, tice,” he said. can-led House passed House Bill 555, said efforts to limit his power violate Google sued Hood in 2014, saying which would require a three-person the state’s Constitution. his wide-ranging attempts to investi- panel of the governor, lieutenant The attorney general’s victories gate whether Google was helping mu- governor, and secretary of state to have contributed tens of millions of sic pirating and illegal drug sales were approve plans to file any civil lawsuit dollars to patch state budget holes in illegal. The U.S. Court of Appeals for where the state could win more than recent years. For example, Mississippi the Fifth Circuit ruled in April that $250,000. That panel is supposed to will gain $25 million from a settle- Hood’s inquiry is legal. Hood said approve hiring outside lawyers for big ment with New York-based Moody’s that the investigation continues but lawsuits but has never met because over credit ratings the company as- denied that he was motivated by per- Hood has instead hired lawyers ac- signed to various securities before the sonal animus against Google. cording to a preset fee schedule that financial crisis. Last year, Hood col- “You make decisions based on the an earlier law allows as an alternative. lected about $55 million from lawsuits facts and the law and you set emotions The bill to limit Hood’s powers against large companies. Reported in: aside,” Hood said. now moves to the full House. Similar Associated Press, January 17. Some Mississippi Republicans con- measures have failed in previous years. tinue to try to trim Hood’s ability to

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LIBRARIES party-leaning organization. The The library is one of three in the Northbrook, Illinois group’s Susan Cohen said she found state that now provide free, open The Northbrook Public Library board that ironic, since she had to move the internet access, officials said. The has reversed a two-year-old policy meeting to her synagogue, Shir Ha- current policy lets staff intervene if banning political and religious orga- dash Congregation, in Wheeling. She patrons are viewing pornographic ma- nizations from using library meeting said that twenty-two years ago, the terial and suspend privileges or access rooms. Representatives of some of the new congregation held meetings in for those who don’t comply. Patrons five liberal groups refused use of the the library. who break the law can be prosecuted. rooms attended a January 19 library “If it were not for the library, Shir They don’t track policy violations, board meeting ready to argue, but that Hadash would not exist today,” the Library Director Susan Brown said, wasn’t necessary. Northbrook resident said. but staff probably deals with a couple “Don’t worry, you’re preaching Another Northbrook resident, Sha- each month. They don’t condone cen- to the choir,” board President Carlos ron Sanders, said that she had twice sorship, she said, but decided to look Frum said. been questioned by Hall about the at online content filters after realizing Longtime board member Marc Lo- nature of her January 10 meeting fea- the policy blocked access to federal noff added, “We’re going to fix this.” turing speeches about gun control, grants for technology. And the library board quickly voted “anti-fascism,” and progressivism, be- The Children’s Internet Protection 7–0 to reverse the edict, passed in the fore Sanders promised the group was Act requires agencies receiving grants spring of 2015. nonpartisan, and Hall relented. to use internet filters to block ob- Executive director Kate Hall said Northbrook resident Nancy Good- scene images, child pornography and that she had relayed the groups’ con- man said that it was important that images considered harmful for mi- cerns to board members in previous the library get back its open meetings nors. Filtering software uses a series of days. attitude, adding that a group she and preset rules to block internet content “It’s not very often we appear be- her husband, Lee, helped found, the deemed undesirable. fore a board that treats us so well,” Northbrook Peace Committee, had Chapel Hill’s library has received longtime progressive activist Lee been born in the library. $235,000 in federal Library Services Goodman said. “People in other towns thought and Technology Act money over The library had voted to ban parti- Northbrook was a pretty special the past three years, Brown said, but san groups as a ground floor rehab job place,” she said. She said that partisan could not spend it on internet-related spruced up and expanded the three speech can lead to social change and technology. She estimated adding an meeting rooms that surround the progress, and libraries should want to image filtering software could cost the auditorium, which was also rebuilt. help foster it. library up to $10,000 a year. Hall said she was unsure at the time “What if Ben Franklin had want- The library received feedback what the purpose of the ban was, but ed to use a room?” she asked. “You from residents concerned about cen- it seemed, she said, that it was to cut would have wanted to say yes.” sorship and about limiting children’s down on difficulties that might stem The library’s Pollak Room was exposure to pornographic images, from the use by groups attracting ex- booked 131 times since September she said. Resident Kim Stahl cited an tremist individuals. 2015, and the smaller Civic Room ALA report that says image-blocking The 2015 policy change was in 173 times, Hall said. The library’s in- internet filters mischaracterize infor- conflict with the American Library teractive classroom was booked ten mation up to half the time. Keyword Association’s Library Bill of Rights, times in roughly the same period. The and other types of filters block the which states that libraries which Northbrook library doesn’t charge wrong things up to 20 percent of the make exhibit spaces and meeting for meeting room use. Reported in: time, she said. rooms available to the public should Northbrook Star, January 24. She and former Mayor Mark make such facilities available on an Kleinschmidt said the proposed equitable basis to all groups, regard- Chapel Hill, North Carolina change would infringe on First less of the beliefs or affiliations of The Chapel Hill town council passed Amendment rights. That runs counter individuals. on a proposed change January 23 that to the view of Chapel Hill’s library as One of the groups that was re- would have let the Chapel Hill Public a place where open access to informa- fused was MoveOn.org, a Democratic Library use internet-filtering software. tion is celebrated, Kleinschmidt said.

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“Before the CIPA was passed, meeting room in Dubuque Decem- with concepts of wrong and right in a Congress tried to ban this activity ber 1 to voice opinions on The Perks of society in which he feels he is an out- twice, and it was found unconstitu- Being a Wallflower as assigned reading sider. Jennings felt the book contains tional,” he said. “It is only consti- in a high school class. subjects that are socially, emotional- tutional today because government The Perks of Being a Wallflower is ly, and developmentally difficult for extorts compliance from cities and required reading for an Advanced seventh-grade students to deal with, libraries and schools by preventing Placement literature class at Hemp- including conflict, crime, death of a them from applying for these various stead High School. But some parents character, and gang fighting. funds.” have complained about the book’s sex A reconsideration committee was While she has concerns about what scenes and depictions of drugs and al- formed to provide an open forum for her young children might be exposed cohol use. discussion of the challenged mate- to at the library, council member Jes- After nearly three hours of pub- rials and to make an informed rec- sica Anderson said she’s also mind- lic comment, mostly in support of ommendation on the challenge. This ful of what’s happening nationally, keeping the book, the committee of eight-member committee included including “the assault on information parents, teachers, and students unani- students, community members, and and ‘alternative facts.’” mously voted to take no action. That school employees. The focus of the “I perhaps am a little more vigilant means the book will remain an as- committee was to address the ques- at this point because of some of the signed reading for that class. tion, “Is the material appropriate for changes that have taken place, but I The district has clarified the book its designated audience?” Their con- do think it’s a complicated issue and I is not required for all students, only sensus was that no action should be appreciate the (library board of trust- those taking the AP modern literature taken to remove the book or limit its ees) looking at it and bringing it to us, class. The teacher provides an alterna- use. because I know it is not cut and dried. tive book if students or their parents The following reasons were cited It is not just a matter of free speech request it. Reported in: kcrg.com, for retaining the book in the seventh versus censorship,” she said. December 1. grade curriculum: The citizens who spoke made “Book reviews show it is the first “excellent points,” council member Williamsburg, Iowa ever book written for pre-teens and George Cianciolo said. “Potential- Following a request by a school dis- because it is written as a lower lexile ly selling rights for $100,000 is not trict parent to have reading material level, it allows the focus to be placed justified in this situation,” he said. “If reconsidered as part of a junior high on the understanding and recognition we need technology, and I’m sure we whole class literature discussion, the of the themes that are developed in do, then I think we need to find other Williamsburg Board of Education ac- the book. This is exactly the purpose ways to fund it, and I wouldn’t want cepted the consensus of the commit- of the use of this book in our school to fund it at the expense of curtailing tee created to reconsider the issue and system.” free speech and acccess to information took no removal or limitation action. “It is also a favorite of boys, which for the other citizens.” On September 13, Michelle Jen- tend to be more averse to reading in Council member Donna Bell urged nings submitted her concerns regard- general.” Brown to ask for help if the library ing S.E. Hinton’s The Outsiders, in “The student members both felt needs more money to provide univer- accordance with board policy 605.3, the book was something they en- sal internet access and information. which allows a member of the school joyed reading and that the material Reported in: Raleigh News and Observ- district community to challenge in- in concern were things that come up er, January 24. structional materials used in the dis- in everyday (movies, television, vid- trict’s education program. Megan eo games) and a classroom discussion SCHOOLS Schulte, junior high English teacher, about those things is helpful.” Re- Dubuque, Iowa then presented how the book is used ported in: Iowa City Press-Citizen, No- A committee has decided to keep a at the school and what discussions vember 14. book some say is too racy for use in a are created and take place during the Dubuque high school class. reading. Taunton, Massachusetts Parents, students, teachers and The book focuses on the life of a First French Kiss, by Adam Bagdasar- others packed the board of education fourteen-year-old boy who struggles ian, is composed of stories about a

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boy’s comedic journey from child- controversial textbook, said she had by Walter Dean Myers, a novel about hood to manhood. Each chapter is a sent a letter telling the board their re- a young drug dealer who vows to different story. But the first chapter, jection of the book would be “un- change his life; and Rainbow Row- which carries the book’s title and de- constitutional.” Dunbar said that she ell’s Eleanor and Park, a love story be- scribes the character’s humorous nar- had addressed opponents’ corrections tween two young misfits that is set in rative of his first “make-out” in sixth of the book in a newer draft. Hispan- the 1980s. grade, sparked a parent complaint at ic scholars said the new draft is still The three books, all novels, had Taunton High School after the book inaccurate. been temporarily pulled from a sum- appeared on a summer reading list. Before the vote, board member mer reading list after some parents Assistant Superintendent Chris- Thomas Ratliff addressed Dunbar’s complained that they were laden topher Scully said he had gathered a comments, saying that the state board with sexually explicit language and team to review the book, which in- of education is “not censoring” the violence. cluded the high school librarian, the textbook. “I want us to be very clear Throughout the summer, the panel principal, and a citizen. Ultimately about the vote we are taking today,” looked at “the applicable policy and the group decided to keep the book. he said. Nothing prohibits Dun- regulation, read the books, received They noted that the book was op- bar from publishing the book as it external reviews of the books, heard tional and students could have chosen is or selling it to public school dis- . . . the concerns expressed by par- from the other thirteen options on the tricts, he said. But it will not be on a ents (and) received information from list; as well, they found it not objec- board-approved list of instructional school division instructional special- tionable—they didn’t read any oth- materials. ists and held a vigorous discussion er “explicit sexual reference” in the “The unanimous vote by the board about the books,” Lane wrote in his book—and felt it was a good quality today is an amazing victory for every- recommendation. book. one who showed how inaccurate the Lane presented the final report to The district council then voted book was,” said University of Texas at the school board at a meeting Septem- unanimously to keep the book on the Austin professor Emilio Zamora, who ber 13, but there was no discussion summer reading list. Reported in: was on a committee that submitted a and neither Lane nor the board mem- Taunton Daily Gazette, October 27. list of more than 140 corrections of bers commented on the issue. the textbook. Zamora is working with In a written statement, schools Austin, Texas a co-author to negotiate a contract spokesman Shawn Smith said school The Texas Board of Education voted with a publisher on a Texas Mexican officials recognize that “everyone may 14–0 November 15 to deny the adop- American studies textbook. Reported not agree with the committee’s deci- tion of a Mexican American stud- in: Texas Tribune, November 16. sion, but will move forward” with the ies textbook decried by opponents as recommendations. racist and inaccurate. The textbook, Chesterfield County, “We hope that the increased parent Mexican American Heritage, was the Virginia engagement in this topic will bring only submission the board received Three school books that have been us each closer to our families and our when it made a 2015 call for text- criticized as inappropriate should no students. We have revised our summer books for high school social studies longer be banned from use in Ches- reading list and feel like we addressed classes, including Mexican American terfield County schools, the district’s the parent concerns related to the studies. superintendent has concluded. Super- lists,” Smith said. “As it relates to the Critics say the book is riddled with intendent James F. Lane followed the books in the libraries, we encourage factual, “interpretive,” and “omission” recommendation of a panel that had parents to work directly with their errors and doesn’t meet basic standards been tasked to review the content of school librarians to help choose the for use in classrooms. the books and determine their appro- best books for their child.” The vote followed an hours-long priateness for inclusion in Chesterfield Although the books remain on public hearing when thirty-five His- middle schools and in middle school school library shelves, the school divi- panic activists and scholars spoke out media centers. sion in the future will not recommend against the textbook’s adoption. The disputed books are Tyrell, by individual books for reading, but will Cynthia Dunbar, CEO of Momen- Coe Booth, the story of a teenag- share lists of “nationally recognized/ tum Instruction, the publisher of the er growing up homeless; Dope Sick, award-winning books.” Individual

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schools may continue to require sum- The panel also urged “enhanced mentioned that the Virginia Depart- mer reading assignments involving outreach and communication between ment of Education was already look- specific books but must have an al- librarians, teachers, students and par- ing at similar regulation. ternative assignment available for stu- ents about appropriate book selections The most recent language expand- dents who express a concern. to meet the interests and needs of in- ed the reach of previous proposals, re- The dispute had drawn the atten- dividual students.” Reported in: Rich- quiring teachers to both notify parents tion of a state senator and criticism mond Times-Dispatch, September 13. of “sexually explicit” material at the from national free-speech advocacy beginning of the year and throughout groups after the district issued a re- Richmond, Virginia the school year if any more such ma- vised reading list in June in response The Virginia Board of Education has terial is added. It also directed school to about twenty parents expressing gutted a controversial measure allow- boards to have clear procedures for concern over the content and lan- ing Virginia parents to be notified and providing alternative assignments for guage in some of the books. opt their children out of classroom students whose parents request it. The parents and state senator material deemed “sexually explicit.” It would have been up to local Amanda F. Chase, R-Chesterfield, The death of the proposal came school boards to define “sexually ex- said some of the books removed from January 26 after more than two hours plicit,” a main difference between the the nonmandatory list contain por- of debate between board members vetoed bill and the regulation change. nographic scenes and inappropriate who eventually agreed that parents Five members voted to keep the language. They called for a review have a right to know what their child current language intact, while two into how the district selects books for is learning and reading, but also that voted against that. The majority of its summer reading list. defining “sexually explicit” isn’t a members even backed away from lan- The review committee included matter for a state board. guage requiring the advance notice. three parents representing the Chester- “We are addressing this by saying Some said that it should be up to local field County Council of PTAs, a mid- we are not going to address the sexu- school boards to decide how and what dle school principal, two middle school ally explicit issue in the classroom and kind of notice should be given. An teachers, a middle school librarian, and we are going to rely on local policy to existing policy, though, does dictate a member of the school division’s cur- deal with those issues,” board member that all schools provide parents with riculum and instruction team. Daniel Gecker said. syllabi. Chase’s efforts were criticized Essentially the regulatory twin of a “We are so lucky to live in the by groups advocating free speech, bill vetoed by Governor Terry McAu- twenty-first century . . . where it is charging that rating books is, in and liffe, the measure pitted free-speech very easy to find out information, and of itself, censorship. In a letter writ- groups and many teachers against I think we should act like it,” board ten in July on behalf of more than half some parents who say the notification member Elizabeth Lodal said of par- a dozen organizations, the National is simply common sense. Opponents ents’ ability to investigate what their Coalition Against Censorship quot- said the bill would lead to a slippery child is reading. “You can’t zoom in ed from a position statement from the slope of suppression. as a parent and solve all of your chil- National Council of Teachers of En- “Sadly, unfiltered sexually explicit dren’s problems.” glish stating that giving letter ratings messages bombard our kids every day. Lodal also pointed out that state or “red-flagging” is “a blatant form We’ve all got one of these,” Charles regulations already allow parents to of censorship” that “reduces com- Miller, a Virginia educator for forty request a review of any instructional plex literary works to a few isolated years, said as he held up his cellphone. materials. Existing rules also require elements.” “And ironically, these regulations seek local school boards to lay out the basis The review committee also rec- to reduce some of the greatest works on which someone can request re- ommended that the district develop a of literature to nothing more than one consideration of materials considered review of the process by which books of those messages.” “sensitive or controversial,” which are selected for inclusion in the me- Objections to some scenes in Be- Lodal and some other board members dia center at certain school levels to loved, Toni Morrison’s post-Civil War felt was sufficient. ensure appropriateness for grade level and Pulitzer Prize-winning novel, According to a 2013 survey of and to create consistency across the gave the vetoed bill its moniker. In school divisions conducted by Vir- school division. his veto message last year, McAuliffe ginia Department of Education staff,

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74 percent of 108 districts and five Of the 171 comments received by On June 2, the Kentucky Depart- professional organizations had poli- the board, teachers were among the ment of Corrections issued a state- cies allowing students to be excused main opponents to the proposal while wide memo implementing substantial from instruction related to sensitive parents favored it in greater numbers. changes to the department’s regula- or controversial materials. Forty-eight “You build trust with parents by lis- tions governing prisoner mail. The percent of those respondents required tening,” board president Billy K. Can- changes are effective immediately and that parents receive advance notice naday Jr. said. “I was really troubled were the direct result of an ACLU before potentially sensitive or con- by the fact that they couldn’t solve it at investigation into mail regulations at troversial materials are used in the the local level.” Reported in: Richmond Kentucky’s prisons. The ACLU pre- classroom. Times-Dispatch, January 26. viously sent a letter demanding that Since October, the majority of the EKCC end its policy of censoring 171 comments received by the board PRISON mail that “promotes homosexuali- expressed opposition to the proposal. West Liberty, Kentucky ty” because it violated the free speech The American Civil Liberties Union The Kentucky Commissioner of rights of prisoners and publishers. of Virginia and a host of free-speech Corrections has said that a minimum “The outdated mail policies that groups have said the term “sexual- and medium security prison in West prompted our investigation barred ly explicit” is vague and potentially Liberty can no longer enforce a mail prisoners from receiving mail that prejudicial. In a letter to the board, policy that prohibited prisoners from ‘promotes homosexuality,’ but such the groups wrote that it could be used receiving books and magazines that policies single out pro-LGBT messag- to describe classic works of literature “promote homosexuality.” In just a es for unfavorable treatment,” ACLU such as Romeo and Juliet, The Dia- four-month period in 2015, the East- of Kentucky legal director William ry of Anne Frank, Slaughterhouse Five, ern Kentucky Correctional Complex Sharp said. “And that type of view- and Brave New World, and that such (EKCC) used the policy thirteen dif- point discrimination by the gov- “red-flagging” of books could lead to ferent times to confiscate mail in- ernment is precisely what the First a “regime of labeling that will leave cluding magazines like Out and The Amendment is designed to prevent.” few books unaffected.” Advocate. Reported in: aclu.org, June 6.

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