Freedom to Read Foundation News 50 EAST HURON STREET, CHICAGO, Illtnots 606R1 PHONE (312) 944-6780 Florence L,4Cmullin, President Judith F

Freedom to Read Foundation News 50 EAST HURON STREET, CHICAGO, ILLTNOtS 606r1 PHONE (312) 944-6780 Florence l,4cMullin, President Judith F. Krug, Executive Director

Volume I Winler 1980 No. 2

U.S. Supreme Court Aclions Moore v. Younger Justices Reject Oregonian's California Legal Batile Conspiracy Appeal Reaches Finish Line In a round of decisions announced in December, the In a letter mailed to California librarians in Febru- U.S. Supreme Court declined to revicw the criminal con- ary, thc Frecdom to Read Foundation announced final spiracy conviction of Frank Giese, No justice voted to victory in the Foundation's long-pending action in hear the case. Moorc y. Youngq, thc suit which challenged the con- Giese, a former teacher of French at Portland State stitutionality of California's "harmful matter" law and University and proprietor of the Radical Education Proj- its applicrbility to lihrrry servicc\. ect Bookstore. was convicted of engaging in a conspiracy In a letter dated Dccembcr 31, 1979-sent to Califor- to bomb Army and Navy recruitment centers in 1973, nia State Librarian Ethel S. Crockett at the direction of supposedly in protest against U.S. participation in the U.S. District Court Judgc Harry Prege rson-California Vi€tnam war. Attorney General George Deukmejian declared: In its friend-of-the-court brief in the case, the Foun- "While thc Attorncy General continues, as previously dation told the justices that the U.S. Court of Appeals' indicated, to disagree with the interpretation of the Cal- decision against Giese could have a "devastating" impact ifornia Harmful Mattcr Statute, California Penal Code on the freedom to read and discuss books. sections 313-313.5, rendered by the Superior Court in In the words of then-Judge Shirley Hufstedler, Presi- Moore v. Younger, L.A. Sup. Ct. C85493, the State of dent Carter's choice to head the new Department of California is nevertheless bound by that decision in all Education, Giese's conviction was "obtained by patently respects." inadmissible evidence of the contents of the book Frorn In his order of January 13, 1975, Los Angeles County lhe Movement loward Revolution [by Bruce Franklin], Superior Court Judge Robert P. Schifferman stated: which the prosecutor forced Giese to read to the jury "The court declares that it was the intention of the after defense counsel's objection to the admission of the Legislature to provide librarians with exemption from book had been overruled." According to Hufstedler, application of the Harmful Matter Statute when acting "The prosecutor used the contents of the book to con- in the discharge of their duties. vince the jury that the ideas expressed in thc book were "The court declares alternatively that the availability Giese's own and that he acted on those id(as to fornr a and distribution of books at public and school libraries conspiracy to blow up rccruiting centers." is necessarily always in furtherance of legitimate educa- Giese's fingerprints were found on several pages of tional and scientific purposes for which these libraries From the Movement toward Revolution, and on cross- were founded, and accordingly, librarians are not subject examination the prosecutor required him to read aloud to prosecution under the Harmful Matter Statute for dis- several passages, including one which quoted Che Gue- tributing library materials to minors in the course and vara as saying that "armed struggle is the only solution scope of their duties as librarians." for people who fight to free themselves." Because the state attorney general refused to accept The Justice Department urged the Court to deny Judge Schifferman's ruling as binding outside the Supe- Giese's petition, saying the book had been used properly rior Court's immediate jurisdiction, Foundation attor- in the trial to rebut Giese's use of other books to attest neys asked Judge Pregerson to take the action which to his good character. resulted in the Ietter to the state librarian. The plaintifts in the action were Everett T. Moore, the Novelisl and Publisher Lose Libel Fight Board of Library Commissioners of the City of Los An- In their December rulings the justices also refused to geles, Albert C. Lake, Robert E. Muller, Chase Dane, review a $75,000 libel judgment against a novelist and the Rev. Charles J. Dollen, the American Library Asso- (Continued on p.4) (Continued on p. 5) 1980 Slale Ulah Librarian Returned to Job Committee Nominales Jeanne Layton, director of the Davis County (Utah) Ten for Board of Trustees Library until she was fircd last September, resumed her Ten candidates for the Frcedom to Read Foundation's duties on January 14 aft€r the Davis County Merit (civil service) 1980 elcction have been siatcd by a comrnittee composed Council found that she had been fired without cause. of Trustces Richard P. Klecman, Crace P. Slocum. and The council madc the determination as ordered Nancy D. Bolt, chairperson. by the U.S. District Court in Salt Lake City. "lt's Trustccs to fill flvc scheduled vacancies on thc Board a major victory," Layton told A nterican Libraries (Feb. of Trustccs will be chosen flom thc following list of can- 1980), "but it's a long way from being resolved. didates: The other side may appeal." The "other side" County Commissioner Morris F. . Rebecca Bingham. Directt>r. Librlry Media Scrviccs. Srvapp and the two other library trustees who voted to Jellerson Countl Board of Education. Louis,, illc. Ken- dismiss her, Sharon Shumway and Robert rucKy. Arbuckle- did in fact dccide to appcal the Merit Council's ruling in . Pamela G. Bonnell. Librarian. Rcsearch Library, Of- thc state court s-v-stem. In March, at the library board's fice of thc City Manager. Mlnagemcnt Sen'ices, request, thc Davis County attorney asked the Iocal state Dallas. couft to Rnd that Utah library directors do not enjo)' . Robert N. Case. Direcbr. Lancilster County Library, civil service protection and may be removed at the pleas- Lancaster, Pennsylvania. ure of countv authorities. . Joan Collett. Librarian and Executivc Director. St. Robert D. Duffin, chairperson of the three-member Louis Public Library. Mcrit Council, said the decision to rcinstate Layton was . Burton Joseph. Attornev, Lipnick. Barsl and Joseph. unanimous. Undcr the federal court order. the council Chicago. had to determinc whether authorities followed proper . Margaret Lcfever, Head. Media Center, Bethesda- proccdure in La-vton's dismissal, and whether there was Chevy Chase High School, Bethcsda, Maryland. "cause." . Helen Mcyer, Editorial Consultant, Doubleday and The Merit Council ruled that the library board's com- Company, New York. pliance with procedural requirements was "minimal" but . Elliott L. Shelkrot, State Librarian, Pcnnsylvaniir State suflicient to satisfy merit regulations. However. the coun- Librarv. Harrisburc. cil said thc librun' board "feilcd to establish that . Henry R. Stcwart, Associate Dcan, Managentent and II-av- ton s] termination was with cause." Public Services, Old Dominion University, Norfolk, Virginia. Fede.al Suit Filed . L. B. Woods, Assistant Profcssor. Craduate Library Still pending in federal court is Layton's suit against School. L.lniversity of Rhodc Island. Kingston. Swapp, Shumwav. and Arbuckle. Thcr- are accused of According to FTRF election rulcs, at lcast two candi- having violatcd l-ayton's constitutional rights and the dates must be nominated for each vacancv on the Board. First Amendment right of thc citizcns of Davis County Ballots will be mailed on May 1 to all persons holding to read controversial literature. including Don Del-illo's paid membership in the Foundation on that date. Auericana, which Swapp wantcd removed from Davis County Iibraries. La-vton wants the federal court to award Nominations by Petition her monetary dlmages and legal fees. Persons who wish lo nonlinate candidates br petition To datc, the Freedom to Read Foundation has sup- should submit twentv-five signaturcs of current ntembers ported Layton's cause through cash grants totaling of the Foundation in support of euch candidatc. Names $9.000. In addition. the Foundation has agrccd to assist of pctition candidates, statcments of consent from the the Litah Librarv Association in prcparing a legal re- candidates, and the required signatures to support each sponse to thc Davis Countlr attorncy's contention that must be reccived by thc executivc director of the Foun- head librarians in Utah do not qualify for civil service dation no later than April 18, 1980. protcction. Current Trustees Elected trustees currently serving on the Foundation Board are Ncil H. Adelnran (1980), Nancy D. Bolt (1980), Eli M. Oboler (1980). Sophic Silberberg (l9lt0), Frcedom to Read Foundation lrews is edited by the statf of the Ollice for Intellectual Freedom, American Library Associa- Grace P. Slocurn ( 1980), Mary K. Chclton ( 1 98 I Ken- ), tion. lt is issued quarterly 10 all members of the Foundation, neth Donelson ( 198 I ), Richard P. Kleeman ( I 981), and Regular membership in the Freedom to Read Foundation Florence McMullin ( 1981). begins at $10.00 per year. Contributions to the Foundation should be sent to: Freedom to Read Foundation, 50 E. Huron (Corttittued on p. 5 ) St., Chicago, lll. 60611. All contributions are lax-deductible.

2 Trustees Honor Late Justice Douglas Zykan v. Warsaw Communily School Corp. Highlighis of Chicago Midwinier Meeting Foundalion Files Appellate Brief In q presentation to the Council ol the American Library In Support of Indiana Students Association et the ALA's 1980 Midv,inter Meeting, In a Jriend-ol:he-court briel file.l with the U.S. Court FTRF President Florence McMullin reported on the ol A ppeals lor the Seventlt Circuit in February, the Free- business transacted by tlle Foundation Trustees qt their dom to Read Fottndqtion, joined by the National Coun- Ianuary meeting. cil of Teachers ol English and its Indiana affiliate, sup- orted the eflorts Tomorrow Justice William O. Douglas will be buried ol llarsaw, Indiana ,rtudents who want in Arlington National Cemetery. You all know that the to reverse censorship of their comntunity scltools by the freedom to read has lost an unfailing ally. At our meet- school board. ing on January 19, the Trustees of the Freedom to Read The students filed suit in U.S. District Court last y-ear Foundation unanimously adopted the following resolu- to challenge actions ol the school hoard thar removed. tion: books lront classroom"- and libraries and canceletl virtually all ol the high school English curricultnt. The suit WHEREAs, Justice William O. Douglas served for over was dismissed by Judge Allen Sharp. thirty-six years as the conscience of the Supreme Court in the defense of First Amendment rightsl and The Foutldation, tlk Nqtional Council ol Teachers of English and the Indiana Council Teoclrcrs Eng- WHEREAS, His total commitment to inteilectual freedom ol ol and the constitutional right to read of cvery citizen ncver lislt told the appellqte bench: failed or flargged or yielded to fear or favor; and This c;tse holds national attention and importance. It WHEREAS, The words of his opinions will forever inspire touches directl_v.. on cducation ani freedom to learn, two Americans to defend their constitutional heritagc of free- special concerns to evcryone in our society. The pur- dom and forever constitute the rationale thc defense: of ported and conflict between these two concerns, as seen by the Warsaw School Board of Trustees. has led to the WHEREAS, With the death of Justice Douglas on January public 19. 1980. libraries and librarians havc lost a friend who burning of books an event rarely seen in Amer- can never be replaced and who can never be forgotten; ica and frightenincly reminiscent of Germany in the 1930s. and Now, THEREFoRE, BE IT REsoLvED, That the Freedom to The book burning, the deeper emotions and Read Foundation honor the memory of Justice Douglas motivations behind it, have focused the national press and dedicate itself to continue the work to which he dedi- on this case. . . . cated his life-eternal vigilance in defensc of the First Censorship of curriculum and library materials was Amendment. once a problem of little incidence. Today such censor- Virtually from the beginning of these Freedom to ship has burgconed to an issuc of national importance Read Foundation reports to Council, you have heard as school ofllcials and special intercst groups full of Or- about Moore v. Younger. This is the suit of California wellian notions of what is right seek to impose their librarians, the California Library Association, and thc narrow political, religious, and social views on public American Library Association against the state "harm- high school students. All too often, textbook selections ful matter" law. Today we are proud to announce a do not utilize criteria regardine language, students"'sen- vlctory. sitiveness," or education for moral values. Selection de- Three weeks ago, the attorney gencral of California, cisions, in truth, are used to achicve the ends of the George Deukmejian, declared that the s1, rc.rr r:onsjci- political censor. ers itself bound in all respects by the iii/.': r, ii;:.:.: ,,f There is an ever-growing danger that "a pall of or- Los Angeles Superior Court Judge Robert SchilJcrrl]:rn. thodoxy" is falling ovcr thc classrooms of the nation. In who ruled that public and school librarians serving mi- New Hampshire, Ms. ntagazinc rvas removed from the nors are exempt from criminal prosecution under the high school Iibrary, because ot its "'political' content." "harmful matter" law. Salvqil v. Nashua Bd. ol Educ.,469 F.Supp. 1269, 1274 The attorney general's letter was sent to the Califor- and n. 4 (D. N.H. 1979). On Long Island, Be.r/ Sftort nia state librarian in compliance with an order issued by Stories By Negro lVriters was temporarily removed from U.S. District Court Judgc Harrv Pregerson. This fcderal the high school library, curriculum and access restdc- order was sought by the Foundation because the attor- tions were put on Richard Wright's classic Black Boy, ney general refused to accept Judge Schifferman's ruling and other books including DoD,n Thcse Mean Streets, an as binding. autobiography by a Puerto Rican youth in Spanish Har- In February the Foundation will announce these impor- lem, wete removed from the library permanently, Pico tant legal events in a mailing to librarians throughout v. Boqrd ol Educ.,474 F.Supp. 387, 391 (E.D. N.Y. California. It would be wise for California librarians to 1979). In one large California school district, students (Continued on p.4) (Continued on p. 6) Highf ighfs (lrom p.3) tions of the Warsaw, Indiana school board that canceled keep the Moore v. Younger documents on file to bring virtually the entire English curriculum and removed doz- an end to raids on libraries like the one that closed an ens of books from classrooms and libraries. art exhibit in a Palos Verdes library. In closing, I want to stress what is apparent to all of Many of you have read in American Librsries abo\t the Trustees of the Freedom to Read Foundation. The the legal battle of Jeanne Layton to regain her job as freedom to read needs the support of the personal mem- director of the Davis County Library in Utah. Ms. Lay- bers of the American Library Association. Undeniably, ton was fired in September in an action which the Davis First Amendment rights are crucial to librarians and County Merit Council unanimously ruled was without library users. Censorship problems increase dramatically appropriate legal basis. in times of national and international tension, If every At the heart of the dispute is County Commissioner personal member of the ALA were to join the Founda- Morris Swapp's focus on the book Americanq, which he tion at the basic level of $10, our ability to act would considers "immoral." There can be no doubt, of course, be increased by a factor of ten. Won't you join us now this Conference. that this work is fully protected by the First Amendment. -at Today, Ms. Layton is back on the job, as a result of Respectfully submitted, the Merit Council ruling. But the struggle is far from FLORENcE MCMULLIN ended. Commissioner Swapp and his allies on the library President board have imposed severe restrictions on the director's position. For example, the dfuector cannot purchase books or other materials without the explicit permission of a library trustee. Supreme Courl (lron p. | ) Ms. Layton has taken legal action in the federal her publisher, in a libel award upheld by a California courts to protect her personal and professional rights. appellate court in 1979. To date, the Freedom to Read Foundation has contrib- Three justices, William J. Brennan Jr., Potter Stewart, uted nearly $9,000 toward payment of her legal fees, but and Thurgood Marshall, voted to hear the case. The the battle has been, and will continue to be, costly. A votes of four justices are required to grant review. large balance will remain to be paid if she cannot win The libel award against Gwen Davis Mitchell and her a favorable court judgment which includes payment of publisher, Doubleday, was based upon Mitchell's "libel- her legal fees. ons" portrayal of Paul Bindrim, a California psycholo- Truslees Focus on School Library Censorship gist who successfully claimed he was the model for The federal court case over censorship of school libra- Simon Herford, a character in Mitchell's book Touching. ries in the Island Trees School District on Long Island According to Mitchell, Touchitlg was based in part on continues in the U.S. Court of Appeals for the Second experiences she had in attending a "nude marathon" en- Circuit. Acting on behalf of the American Library As- counter session conducted by Bindrim. But Mitchell said sociation and the New York Library Association, the the character in Touching was unlike Bindrim in name, Foundation has filed a friend-of-the-court brief in sup- appearance! and personality. port of the student plaintiffs. If the case goes to the U.S. In action on othcr cases before the Court, the justices: Supreme Court, as it very well rnay, the Foundation will . Let stand a decision allowing public schools to fire take appropriate steps to defend the students' right to teachers who refused to teach the Pledge of Allegiance read. You will recall that this case involved the board- and patriotic songs. The Court rejected the appeal of a ordered removal of such works as The Fixer and Slaueh- Chicago elementary school teacher who was dismissed terhouse-Five. after she told officials that her religious beliefs prohib- In a second school library case, also currently before ited her participation in such instruction. the Second Circuit Court of Appeals, the Foundation r Declined to revive the compiaint of a television voted to grant an additional $1,000 to the Vermont watchdogging group that CBS is unfairly "dovish" on Civil Liberties Union to pay the direct costs of volun- issues of national security. teer attorneys. This case involves the First Amendment . Refused to review lower court rulings that the Fed- rights of Librarian Elizabeth Phillips and student plain- eral Bureau of Investigation acted properly when it with- tiffs who have challenged censorship of the Vergennes held certain materials sought by Studs Terkel from his Union High School library. FBI dossier. In a third public school case-one lhat Satwday Re- o Turned down a request by a group of adult motion vlery described as "book burning in the heaftland"-the picture theaters in Texas that enforcement of a new state Foundation will file a friend-of-the-court brief in the law regulating the showing of allegedly obscene films be U.S. Court of Appeals for the Seventh Circuit here in temporarily stayed. Only Justices Marshall and Brennan Chicago. This suit, brought by students, responds to ac- said they would have granted the request. Calilornia Suil (from p. I ) Atlanta Prosecutor Found ciation, the California Library Association, and the Los Guilly of 'Harassing' Relailers Angeles Public Library Staff Association. The origi- Fulton County (Atlanta, Ga.) Solicitor Hinson McAu- nal defendant was the former attorney general, Evelle liffe unconstitutionally pursued a "scheme of warrant- Younger. less arrests and harassing visits to retailers" who sold Oui, Penthouse, and Playboy, the U.S. Cou of Appeals Seven-Year Baltle for the Fifth Circuit ruled in February. All three mem- The history of the California Attorney General's ef- bers of the panel agreed that McAuliffe's conduct rep- forts to avoid a 6nal ruling in favor of librarians is com- resented illegal prior restraint of First Amendment free- plex, but the steps leading to our victory can be briefly doms. outlined. In addition, the appellate judgcs held that the "taken In 1973, a three-judge federal panel in Los Angeles as a whole" aspect of the U.S. Supreme Court's test for ruled on the federal suit filed by the plaintiffs against obscenity must be applied to entire issues of magazines the "harmful matter" law. The fcderal panel found that ralher than thcir "separate component parts." the suit against law ques- However, two magazines before the court-the Jan- the raiscd serious constitutional '1978 tions under the First Amendment, but the panel decided uary issues of Penlftoase and Oa1-were held to to withhold a final ruling until the California courts could be obscene by Judges Homer Thornberry and Charles interpret the law. Clark. AII three judges agreed that the January 1978 In 1975, in response to the suit filed by the plaintiffs issue of Playboy was not obscene, in the state court system, Judge Schifferman held that When he considercd the case. U.S. District Court Iibrarians acting in fulfiliment of their dutics as Iibrari- Judge Richard C. Freeman ruled that all the magazines ans cannot be prosecuted under the Iaw. were non-obscene. Appellate Judge Phyllis Kravitch The California statute dcfines "harmful matter" as agreed with Judge Freeman's opinion of the lhree publications. matter, taken as a whole, the predominant appeal of which In a friend-of-the-court brief submitted to the appel- to the average person, appJying contemporary standards, late argued is to prurient interest. i.e., a shameful or morbid interest bench, the Freedom to Read Foundation in nudity, sex, or excretion; and is matter which taken as that the "taken as a whole" test must be applied to each a whole goes substantially beyond customary limits of issue o[ a mauazine in its entiretv. candor in description or lepresentation of such matters; and is matter \ahich taken as a whole ;s utteriy u,ithout redceming.oci.ri importance for minors. Commitfee Nominates (lron p.2) The language of the statute is based, of course, on the Trustees serving the Board virtue language of obscenity laws. But, like other "harmful on by of their office in the American Library Association are Frances C. matter" laws in the United States, it reaches beyond Dean, chairperson of the Intellcctual Freedom Commit- so-called obscenity and ntakes it a crime for anyone to tec; president; disseminate "harmful" materials to minors. Thomas J. Galvin, ALA Peggy Sullivan, ALA president-elect; and Robert Wedgeworth, ALA ex- The Freedom to Read Foundation's legal argument ecutive director. against the law was three-fold. Officers of the Foundation are Florence McMullin. . First, given the history of notorious problems asso- presidcnt; Eli M. Oboler, vice president; and Ncil H. ciated with obscenity laws applied to adults, the "harm- Adelman, trcasurer. Judith F. Krug servcs as secretary. ful matter" law is vague and impossible to understand because minors who use libraries can be five years old or sixteen. The differences in development, sophistica- tion, etc., implied by eleven years' differencc in age are Have you overlooked enormous and make it impossible to arrive at a clear grasp oi what the law forbids. your membership renewal notice? . Second, the "harmful matter" law requires librari- Your membership in the Freedom to Read ans to establish a comprehensive system of self-censor- Foundation represents a personal commitment to ship that cannot be monitored by the judicial system. the dcfense of First Amendment rights. As you Yet, the U.S. Constitution requires that censorship be reacl this issue of FTRF News, remember that our imposed on the public only by competent courts of law. story of resistancc to censorship is a story that . Third, the law ignores the special role and nature dcpends on you. If you haven't returned your 1980 of libraries as non-commercial institutions. membership renewal cnvelopc, please take a mo- Development of the suit was supervised by Founda- ment today to scnd it in. tion General Counsel William D. North. Appellate Briel (from p. 3) (1923), the Supreme Court has held that public school are required to take a course called "Free Enterprise." curriculum decisions are not immune from judicial scru- One question in the course asks, "True or false: The tiny. Even when the Court has bowed most deeply in Government spends too much money on the environ- judicial deference to local school boards, it has inter- ment." The "correct" answer, the students are told, is vened to protect fundamental dghts. 8.9., Epperson v. "hue." King, "Censorship of Tcxtbooks Is Found on Arkansas, 393 U.S. 97 (1968) (courts should defer to Rise in Schools Around Nation," N.Y. Times, March local school authorities, but law mandating religiously 27. 1979. at 815. motivated curriculum struck down); Meyer v. Nebraska, Nowhere is the political nature of this new censorship 262 U.S. 390 (1923) Gtate properly has extensive con- more clear than in the leading case, Minarcini v. Strongs- trol over cducation, but law prohibiting modern lan- ville City, School Dist., 541 F.2d 577 (6th Cir. 1976) guage curriculum struck down). In each case, deference (holding that students'First Amendment rights were vio- to school authorities must be weighed against the partic- lated). There, an Ohio school board removed from the ular curriculum or actions mandated or prohibited and high school library and curriculum Joseph Heller's prize- the motivations behind them. winning antiwar novel Catch-22 and two novels by Kurt By its nature, the learning process exposes high school Vonnegut, an outspoken anti*'ar activist. In their place, students to widely divergent commcntaries on values, the leader of the board's action recommended a biogra- iustoms, Iaws and beliefs. School officials must accept a phy of Herbert Hoover, the Rentiniscences ol Dougla.s diversity of views in the classroom, because the Consti- MqcArthur, and Solzhenitsyn's One Day in tlrc Lile of tution will tolerate no state-imposed orthodoxy in the Ivan Denisovich, One need not be a cynic to see a deter- schools regarding political, religious or social beliefs ex- mined and intentional shift in political coloration. The posed tostudents. E.g,, Tinker v. Des Moines Ind. Comm, proposition that students are free to think and explore School Dist.,393 U.S. 503 (1969) (political expression the world of ideas but can read no books by anyone to protected) i W est V irginia State Bd. ol Educ. v. Barnette, the left of Herbert Hoover and Douglas MacArthur- 319 U.S. 624 (1943) (religious belief protected); Meyer or the right of Karl Marx, for that matter--can only be v. Nebraska, 262 U.S. 39O (1923) (ethnic identity pro- described as the ultimate educational "Catch-22." tected). "If there is any fixed star in our constitutional The instant book burning in Warsaw may be the most constellation, it is that no official, high or petty, can pre- egregious case of censorship yet. Many of the books scribe what shall be orthodox in politics. nationalism, banned from the curriculum hcrc rclatc to women, their re ligion, or other natters of opinion. . , ." West V irginia rights and their role in society. We are in the midst of State Bd. ol Educ. v. Barnette,319 U.S. at 642. a national debate on the Equal Rights Amendment to The public school should be a vibrant, free market of the Constitution and a raging controversy over women ideas. Indeed, if the "right to read and be exposed to in our armed forces, and these are subiects of indis- controversial thoughts," Right To Read Delense Comm. putable public concern. While such curriculum restric- v. Scltool Conm.,454 F.Supp. 703, 714 (D. Mass. tions may be appropriate in a private school, Plerce v. 1978), cannot flourish in the school house, the prospects Society of Sisters,268 U.S. 510 ( 1 925 ) , no public school are bleak that it will ever flourish arrywhere in society, oflicial should be allowed to force his parochial views The Supreme Court has recognized "the right of the pub- of the woman's place in our world upon public high lic to receive suitable access to social, political, esthetic, school students. moral and other ideas and exDeriences. . . ." Red Liott We believe that Judge Sharp erred in dismissing plain- Broadcasting Co. v. FCC,395 U.S. 367, 390 (1969). tiffs' complaint here. In our view, it plainly states a This right extends to "all issues about which informa- claim. The plaintiffs have madc very serious charges, and tion is needed or appropriate to enable the members of their complaint and affidavits show that they are entitled society to cope with the exigencies of their period." to a hearing on the merits. Thornhill v. Alabama,310 U.S. 88, 102 (1940), If public high school students do not share this right, they will Argument find it of little value once they grow old enough to "de- Judge Sharp must be reyened because he applied the serve"it.,.. wrong standard of law in summarily dismissing plaintiffs' complaint. He hcld that plaintifis' allegations that Standard school officials made curriculum decisions for "political" We submit that the determinative factor to prove a purposes were "insufficient" to allcge a violation of con- violation of a student's rights in cases like this is whether stitutionally protected rights. His decision ignores over a school official or board intentionally acted to impose a flfty years of constitutional law. closed system of political, religious, and social views on The First Amendment does not stop at the school public school students. For example, a decision not to house door. Since Meyer v. Nebra.ska, 262 U.S. 390 teach eyolution because of academic reasons or reasons

6 of time and economy would not implicate the Constitu- Report of the Auditors tion, but a ban on teaching Darwinian evolution because At its 1980 midwinter meeting, the FTRF Board ol of religious motives is unconstitutional. Epperson't. Ar- Trustees recei\,ed and approved the annual report ol the kansas, 393 U.S. 97 (1968). Similarly, to require a qppointed attditors, Kuplerberg, Goldberg & Neinrurk, course in civics is wholly proper, but to forbid all criti- Certified Public Accountants, I I I E. Wacker Drive, cism of the Government in the classroom is not, Tinker Chicago, 1|L 60601. v. Des Moines Ind. Comm. School Dist.,393 U.S. 503 (1969). Or, to teach a course in environmental econom- The rcport stated: ics is permissible, but to teach that the federal Govern- We have examined the comparative statement of as- ment spends too much money on pollution control is sets and fund balance arising from cash transactions of not. As with proscdbed racial discrimination, the intent the Freedom to Read Foundation as of August 3 l, 1979 of the state oflicials provcs the constitutional violation. and 1978 and the relatcd comparative statement of cash Village ol Arlington Heights v. Metropolitan Housing receipts and expenditures and fund balance for the years Dev. Corp.,429 U.S.252 (1977). . . . then ended. Our cxamination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered neces- sary in the circumstances. As described in Note 1, the Foundation's policy is to ALA approves new text prepare its financial statements on the basis of cash re- Library Bill ot Rights ceipts and disbursements; consequently, revenue and the are recognized when received rather than The American Library Association affirms that all related assets paid, libraries are forums for information and ideas, when earned, and expenses are recognized when and that the following basic policies should rather than whcn the obligation is incurred. Accordinglv, statements are not intended gu ide their services. the accompanying financial to present financial position and results of operations in 1. Books and other library resources should conformity with generally accepted accounting princi- be provided for the interest, information, and ples. enlightenment of all people of the community In our opinion, the financial statements reierred to the library serves. Materials should not lle ex- abovc present fairly the assets and lund balancc arising cluded because of the origin, background, or from cash transactions of the Freedom to Read Founda- views of those contributing to their creation. tion as of August 31, 1979 and 1978, and the revenue Libraries provide materials 2. should and in- collected and expenses paid during the years then ended, formation presenting all points of view on cur- 'using the method of accounting described in Note 1, rent and historical issues. Materials not should which method has been applied on a consistent basis. be proscribed or removed because of partisan or doctrinal d isapproval. 3. Libraries should challenge censorship in Freedom to Read Foundation the fulfillment of their responsibillty to provide Compatative Statement of Assets information and enlightenment. and Fund Balance 4. Libraries should cooperate with all persons (Cash Basis) and groups concerned with resistinB abridgment August 31 ,1979 and 1978 of free expression and free access to ideas. Assets 5. A person's right to use a library should not be denied or abridged because of origin, age. 1979 1978 backgrou nd, or views. Cash in bank $ 1,297 $ 2,705 6. Libraries which make exhibit spaces and Cash in savings account 39,080 30,305 meeting rooms available to the pub lic they serve Cash in savings account should make such facilities available on an equit- (David H. Clift Fund) 1,489 1,,412 able basis, regardless of the beliefs or affiliations $-7r,86d S t4l2z of individuals or groups requestinS their use. Fund Balqnce Adopted June 18, 1948. Amended February 2, 1961, lune 27, 1967, and Fundbarance January 23,1980, by the ALA Council. ry1r9q !!!" (Continued on next page) Comparative Statement ot Cash Receipts and Expenditures and Fund Balance For the Years Ended August 31,1979 and 1978

1979 1978 Vo to o/o to Total Total Amount Receipts Amount Receipts Receipts Memberships received $ 27,693 90.1% q t'7 st? 94.870 Interest on savings accounts , R{t 9.3 1,,433 4.9 Sale of briefs 196 .6 79 .J Total receipts 30,741 100.0 29,035 100.0 Expenditures Legal fees 8,238 26.8 31,171 t 07.3 Meeting and convention expenses 2,9s8 9.6 159 .o Grants 4,300 14.0 2,546 8.8 Accounting, audit and election fees 1,480 4.8 1,187 4.r Printing and duplicating expense 4,314 14.0 4 q?o L7 .O Stationery expense 2.4 297 1.0 Postage and mailing 174 .o 88 .J Temporary office help 35 .1 127 Publications 70 .z ll) .-o Franchise tax f, 5 Space and personnel I ,000 J.J Total expenditures )1)O1 75.8 40,625 139.9

Excess or (deficiency) ol cash receipts over exped.itures 7,444 24.2Vo ( 1 1,590 ) (39.9 ) Vo Fund. balance, beginning ol year aa Lt') 46,012

Fund balance, end of year $ 41,866 $ 34,422

The accompanying Notes to Financial Statement are an and payable by the Foundation are not included. integral part of this report. Note 2. The Foundation has been granted exemption Note 1. These financial statements are prepared using from federal income taxes under Section 501(c)(3) of the "cash basis" of accounting. Accordingly, receipts the Internal Revenue Code. Accordingly, no federal in- are recorded only as collected and expenditures are re- come tax provision has been recorded in these financial corded only as actually disbursed. Amounts receiyable statements.

Freedom to Read Foundalion 50 E. Huron Slreet Chicago, lL 60611

Ballots Coming! This issue of FrRF News announces the slate for the 1980 election. Ballots will be mailed on May I to all Foundation members who have paid their 1980 dues by that date. If you have overlooked your 1980 contdbution, please send your check today.