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

From a library art exhibit about mental health.

SABRINA NEWS: 3 REVIEWS: 5 12 THOMAS AND CENSORSHIP INSIDE ANTI-SOCIAL MEDIA, SUMMER 2019 KACY LOVELACE: DATELINE, FROM THE SPEAK FREELY, AND VOL. 4 _ NO. 2 ENDING THE SILENCE BENCH, AND MORE ISSN 2474-7459 MORE CONTENTS _ SUMMER 2019

COMMENTARIES

3 _ Ending the Silence Utilizing Personal Experiences to Enhance a Library Mental Health Initiative Sabrina Thomas and Kacy Lovelace REVIEWS

5 _ Anti-Social Media: How Facebook Disconnects Us and Undermines Democracy 6 _ Speak Freely: Why Universities Must Defend Free Speech 8 _ How to Rig an Election 9 _ The Internet Trap: How the Digital Economy Builds Monopolies and Undermines Democracy NEWS

12 _ Censorship Dateline 23 _ From the Bench 38 _ Is It Legal? 59 _ Success Stories 65 _ Drag Queen Storytimes 79 _ For the Record 84 _ Targets of the Censor

FORTUNATELY, I WORK IN A LIBRARY, AND LIBRARIANS ARE MASTER BRIDGE BUILDERS, CONNECTING PEOPLE TO RESOURCES, PEOPLE, INFORMATION, AND ULTIMATELY, TO A BETTER PLACE.” Sabrina Thomas and Kacy Lovelace, Ending the Silence _ 3

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ SUMMER 2019 1 SUMMER 2019 _ ABOUT THE COVER

_ The image on the front cover of this month’s issue is of “Gate,” artwork created by Deacon Stone in 2006 and featured in the Drinko Library art exhibition at Marshall University. The exhibit was designed to explore perspectives on mental health in the library. For more information, please see the commentary featured on page 3. The artist describes his work: “‘Gate’ is from a series of gates created from assemblages, comprised of objects found or forged. The works are an exploration of boundaries both self-imposed and perceived, and contemplations of how humans—as masters of categorization and organization—attempt to understand the world by designations; creating boundaries, limits, and arenas. “As a son of the hills, raised in a Pentecostal tradition of Ap- palachian Mysticism, challenged by the expansion of boundaries that comes with a good liberal arts education, I had—and have still—so many perceived boundaries to erase; closed gates through which to pass, others to do away with altogether. “The critical lesson in this journey has been that while we take comfort in our categorizations, or cocoon into the safety of in-group favoritism, we must be ever wary of out-group hostility which is an inevitable result. As physical objects, these gates are attempts at relegating our divisiveness and instinctive catego- A close-up of “Gate,” artwork by Deacon Stone and rization to the history books . . . a recollection of how we used to featured in the library at Marshall University. think, feel, and behave.“

Journal of Intellectual Freedom and Privacy (ISSN 2474-7459) vol. 4, no. 2 _ Summer 2019

Editor Publisher Shannon M. Oltmann, University of Kentucky, Lexington, KY Office for Intellectual Freedom, an office of the American Library Association Managing Editor Deborah Caldwell-Stone, Director, Editorial Assistant Office for Intellectual Freedom Elan Ward, University of Kentucky, Lexington, KY

News Editor Production David R. Stone, Chicago, IL ALA Production Services: Tim Clifford, Chris Keech, and Lauren Ehle Editorial Board John T. F. Burgess, University of Alabama, Tuscaloosa, AL Journal of Intellectual Freedom and Privacy is published Roseanne Cordell, Northern Illinois University, DeKalb, IL quarterly (Spring, Summer, Fall, Winter) by the Office for Mack Freeman, West Georgia Regional Library, Carrollton, GA Intellectual Freedom, an office of the American Library Martin Garnar, University of Colorado, Colorado Springs, CO Association, 50 E Huron St., Chicago, IL 60611. Clem Guthro, California State University, Fullerton, CA Kyle M. L. Jones, IUPUI, Indianapolis, IN Emily J. M. Knox, University of Illinois at Urbana-Champaign, IL Shannon M. Oltmann, University of Kentucky, Lexington, KY Michael Wright, Dubuque County Library, Asbury, IA

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ SUMMER 2019 2 COMMENTARY

Ending the Silence

Utilizing Personal Experiences to Enhance a Library Mental Health Initiative

Authors _ Sabrina Thomas ([email protected]), research and instruction librarian at Marshall University, and Kacy Lovelace ([email protected]), student success and research librarian at Marshall University

This article summarizes a panel presentation given at the American Library Association Annual Con- ference in Washington D.C. (June 22, 2019). The panel consisted of Sabrina Thomas, research and instruction librarian at Marshall University; Leah Tolliver, director of wellness programs and the Wom- en’s and Gender Center at Marshall University; C. Michelle Alford, senior library IT consultant at Marshall University; and Kacy Lovelace, research and student success librarian at Marshall University. Tenikka Phillips, EAP coordinator at Cabell Huntington Hospital, worked extensively on the project but was unable to take part in the panel presentation. The following is a conversation between Sabrina Thomas and Kacy Lovelace discussing how their own personal experiences with mental health challenges and trauma served to enhance the mental health initiative in their academic library.

Sabrina: Shame is a powerful motivator. Shame can work in a library, and librarians are master bridge builders, motivate one into years or even decades of silence. For connecting people to resources, people, information, and years, I struggled with my own shame from early child- ultimately, to a better place than they were before they hood trauma of abuse, neglect, and years spent shuffling started. from one foster home to the next. The abuse and trauma were so severe as to leave lingering mental health damages Kacy: Shame has always been a powerful motivator in my that still affect me today. It was shame that kept me silent life as well. Childhood trauma: abuse, emotional neglect, when I suffered from postpartum depression after the birth and being a pawn for my divorced parents’ power strug- of my first child. Shame and silence magnify suffering, gles, has led to a life-long struggle with mental illness, and it is this shame and silence that I wished to combat by low self-esteem, and an inability to connect with others as breaking free. deeply as I would like. There is one thing I have found to be more power- When we discuss trauma, we often talk about resil- ful than shame, and that is righteous indignation. Anger, iency as well. It is important to discuss our ability to too, can be a powerful motivator—and liberating when recover from the hardships that we face. I consider myself channeled properly. I am angry that I allowed the stigma incredibly resilient, with a resiliency score of fourteen on of mental health challenges and illness to keep me silent a fifteen-point scale; however, I am guilty of using that about my struggles for so long. Breaking free from my resiliency to hide my trauma. Because I could compart- own silence, I wanted to build a bridge to quality, credi- mentalize, and because I wanted to appear as “normal” ble information for those who were like me. Fortunately, I as possible, I acted as though the trauma never happened,

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ SUMMER 2019 3 Ending the Silence _ COMMENTARY

even as its effects impacted my daily life and every type of While protecting anonymity, I fostered inclusivity by relationship that I’ve ever attempted to make. inviting panelists who experienced mental health chal- It wasn’t until I realized that speaking up about my lenges and illnesses to highlight both the good and the bad own trauma helped others feel safe enough to discuss their ways that these issues affected their lives. I did this spe- own, that I began to share my story. Becoming a librarian, cifically to foster an environment in which people could and working to build the mental health initiative in our speak freely without fear of judgment. Demonstrating that library and on our campus, not only gave me a sense that mental health challenges and adverse childhood experi- I was helping others cope, but it was instrumental in help- ences could be not just overcome but harnessed as tools to ing me cope with my own traumatic experiences. help others was one of my ultimate goals.

Sabrina: Becoming trauma-informed is a solid first step Kacy: Creating the online research guide was an incred- to building a mental health initiative in your library. ibly rewarding process. It not only provided a dedicated Being trauma informed, libraries are uniquely situated to space for providing information about our discussion be safe spaces of intellectual freedom. A trauma informed panels and pertinent trainings, it continues to act as an library is a library in which the librarians and staff better ever-growing, centralized location for providing invalu- understand how to help and serve those library users who able resources for those in need. When we feel vulnerable, have mental health challenges, illnesses, and stresses. We it can be difficult to reach out for support. Vulnerability is can do this by harnessing what we already do well. not only healthy—it is crucial to healing past wounds and First, our walls and our displays can play a vital role in creating connections in our present and future. Allowing ensuring that the library is a welcome and inclusive place those within our university family to see our trauma and for all people, including those with mental health chal- our disabilities will only encourage them to do the same. lenges and illnesses. Creating a display of books on mental It is important to note that not everyone was enthusi- wellness is a solid first step. In spring of 2019, I created astic about all aspects of our initiative. In particular, the Don’t Call Me Crazy: Resiliency through Art, a library art exhibition was the recipient of several challenges by exhibition for Marshall University. In it, students, faculty, students. Each challenge was considered with appropriate and staff both present and past were encouraged to sub- gravity by the Head of Access Services and the President mit artwork that reflected their experiences with mental of the university, but each challenge was dismissed because health or informed their creative process. Advocacy and of the commitment to free speech that our library and support begin with our own environments. What is on university hold dear. We are committed to enabling and our walls and in our displays and what is the message that furthering the expression of free speech; that is one of the they are sending? Is your library truly open to all? Our primary goals of the art exhibition. Ultimately, our goal, spaces must be welcoming and inclusive if our intentions both through the initiative and as a library, is to provide are truly to connect people to resources and information. safe places for students, faculty, and staff to explore and As a reference librarian, I grew accustomed to waiting discuss information, ideas, and ways to access help. to be asked questions. Those with mental health chal- lenges and illnesses often face discrimination as well as Sabrina: By first outing myself as one who suffered with stigma. It is this fear that prevents many from approaching a learning disability, I was placed in a better position to our service desks for help. To combat this, I organized a help those with learning disabilities. Because I suffered team of librarians and staff to create both print and online from postpartum depression in the past, I came to under- research guides that listed places to find help, both on and stand mental illness as not necessarily a permanent disabil- off campus. We began to speak of our study rooms as safe ity but a temporary disability. Each time a challenge arose, spaces to process stress. We collaborated with the Women’s I grew from that challenge. Ultimately, it is by ending the Center and the Counseling Center to organize multiple conspiracy of silence, outing ourselves, and facing down panel presentations with experts from across the mental the fear of discrimination that we help those around us. I health fields so that library users could meet face-to-face challenge librarians to look at their own life experiences, with knowledgeable professionals. Noting that anonym- their own fears, and use them as springboards to help their ity was vital to helping connect people to information, library users. Begin with your own walls and grow from we utilized social media to livestream the events, showing there. only the panelists. We encouraged both face-to-face and online attendees to ask questions anonymously.

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ SUMMER 2019 4 REVIEWS BOOKS

Anti-Social Media: How Facebook Disconnects Us and Undermines Democracy Author _ Siva Vaidhyanathan Publisher _ Oxford University Press, 2018. 288 p. Hardcover $24.95. ISBN: 978-0-19-084116-4. Paperback $17.95. ISBN: 978-0-19-005654-4 Reviewer _ Sarah Noel Probst, member services coordinator at ConnectNY, an academic library consortium in New York

Social media, and Facebook in particular, have become voice of reason operating within the same social frame- such a ubiquitous and deeply imbedded part of culture work as billions. that few would bother to mark their existence with more Chapter 1, “The Pleasure Machine,” in conjunction than a casual shrug. People use social media to fulfill all with chapter 3, “The Attention Machine,” lays out how manner of tasks, needs, and desires, while businesses and Facebook perpetuates its value among users by providing organizations use it to reach increasingly specific segments for the cheap maintenance of long-distance relationships, of the population. Engaging with social media is a fore- engagement in causes, participation in groups, acquisition gone conclusion—a swift glance around any coffee shop, of new “Friends,” playing games, and much more. These university, classroom, restaurant, or nearly any other pub- chapters illuminate an inherent part of Facebook’s nature lic setting is enough to validate this. In the realm of social that is not unlike a Las Vegas slot machine—it provides a media, Facebook is king. The platform can now boast of constant supply of low-level feedback, both good and bad, well over 2 billion international users that post, upload that entices the user to return time and time again in the pictures and video, and interact with it hundreds of thou- hope of receiving a reward. Vaidhyanathan advises that sands of times a day. At a surface level, Facebook appears while the relative personal rewards of Facebook are high to ask nothing of people except their time, but a deeper and, generally, the harms to the individual low, this over- dive into the world of likes, clicks, and shares unveils a all manipulative cycle is damaging to larger society and to riptide of surveillance, manipulation, disinformation, and the ability to process new knowledge with any significant digital imperialism. In Anti-Social Media: How Facebook amount of interaction or thought. Disconnects Us and Undermines Democracy, Siva Vaidhyana- Chapter 2, “The Surveillance Machine,” is easily one than takes a floodlight to the very roots of the platform of the most chilling chapters in the entire work. As previ- and demonstrates with careful, piercing analysis how it has ously mentioned, one of the main functions of Facebook is eroded one of the hallmarks of a democracy: the ability of the ability of users to post information, photographs, and the public to have reasoned, informed discourse. videos about themselves and others; this is both intrin- Vaidhyanathan approaches the exploration of Face- sic to the service and has the demonstrated potential to be book’s intrinsic issues as a historian. The book is divided insidious. Vaidhyanathan breaks down in great detail the into seven chapters, each providing a detailed look at a ways in which the personal information hoarded by the function of Facebook and the twentieth-century intellec- platform is used by commercial entities, governments, and tual underpinnings that influenced the function’s inclusion other users to form a network of near-constant surveil- or promotion within the platform. The author acknowl- lance that can tarnish reputations and destroy lives. edges from the start his own wide-ranging use of both Chapter 4, “The Benevolence Machine,” examines Facebook and social media at large. Rather than calling the rise of the ideology of corporate social responsibility/ into question the validity and sincerity of presented argu- social entrepreneurship at large, how it has been utilized ments, this frank admission identifies Vaidhyanathan as a by Mark Zuckerberg and Facebook to engender goodwill

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among its users and shareholders, and how this belief in discussion, those in search of answers will find comfort corporate social goodness invites both disaster and the and hope in the author’s recommendations for the future. pomposity of self-righteousness. The author explores the Despite the dire nature of the topic, Vaidhyanathan’s apolitical language used by Zuckerberg in describing the prose is a pleasure to read; the eloquence of Anti-Social negative aspects of Facebook while simultaneously dismiss- Media lies in the careful balance struck between straight- ing them as design flaws to be fixed in the next update. forward language and demonstrated depth of thought The last three chapters in the book clarify Facebook’s and research. Unencumbered by superfluous jargon, the role in politics, uprisings, and protests. The lack of trans- author’s style is a successful combination of astute observer parency and accountability for political ads displayed to and teacher. Anti-Social Media is not a manifesto encour- narrow sections of the population is addressed at length, aging readers to disembark Facebook en masse; rather, it as is the platform’s use and complicity in disseminating is a call to seriously consider the impact of social media extreme propaganda from dictators and their supporters on the human experience and what steps may be taken around the globe. These chapters also discuss the election not by Facebook or any other for-profit enterprise, but of Donald Trump in America and Brexit in the United by the general public, to reclaim what has been stripped Kingdom, offering deep insight into the pre-existing from society. Vaidhyanathan acknowledges that the path environments and social unrest that Facebook’s algorithms forward to meaningful discussion and careful delibera- expertly exploited to the satisfaction of both campaigns. tion will be long one, but that there are indeed means Anyone concerned about the ways Facebook uses the to correct the current course should the effort be put in data it collects and the effects social media has had on to doing so. This book is predicated on the notion that a society at large will be well served by reading this book. majority of people want to be informed and active partic- Those interested in examining the rise of Facebook and ipants in their own lives, but empowering people to fully similar services from a historical perspective will like- participate in their existence and governance is a topic for wise benefit from Vaidhyanathan’s critical analysis of another work. What the author does offer is a wealth of the twentieth-century ideologies that paved the way for food for thought and the room for each reader to deliber- current platforms. Many already harbor concerns about ate on how to possibly wrest their lives from the machina- the lack of civil discourse in the public sphere and search tions of organizations that give lip-service to justice and for ways to correct this; while Vaidhyanathan does not equality while successfully chipping away at the most basic provide a precise roadmap to bringing back reasoned and essential freedoms.

Speak Freely: Why Universities Must Defend Free Speech Author _ Keith E. Whittington Publisher _ Princeton University Press, 2018. 216p. Cloth (also available as an e-book) $24.95. ISBN: 978-0-691-18160-8 Reviewer _ Kristi H. Jerome, Graduate student, School of Library and Information Studies, University of Alabama

There has been a rise in recent discussions about the thought. Whittington writes that universities have a mis- purpose of higher education. Due to rising costs, politi- sion to “produce and disseminate knowledge.” In order to cal turmoil, and a perceived overabundance of censoring accomplish those goals, students and faculty must be able conservative voices, many are questioning whether uni- to listen and freely discuss different forms of thought and versities are just bastions of left-leaning, socialist schools expression in order to substantiate, strengthen, change, or of thought. In his book Speak Freely: Why Universities produce knowledge. Must Defend Free Speech, Keith E. Whittington, a consti- Whittington sets the stage for his treatise with a nar- tutional law professor from Princeton University with a rative of a student protest at the University of California, background in history, uses history, constitutional law, Berkeley. The way it is written, the reader could easily and philosophy to show how foundational free speech and assume the author is alluding to the recent 2017 protests intellectual freedom are to the American university sys- that erupted into violence. However, Whittington is really tem. These principles allow for the exchange of ideas in an referring to a historical event that occurred in 1903 when environment meant to educate and promote intellectual Carrie Nation was invited to speak. He believes that even

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though there has been a long history of protesting and legal their own, when initially the idea of safe spaces was to battles to support free speech, we are now at a turning allow students to know that they could freely express ideas point. If universities continue to handle issues of free speech without repercussions. It is the professor’s job to man- the way they currently are, they may actually reverse many age classroom discussions in a way that allows everyone of the hard-won freedoms that we currently have. to learn from the variety of viewpoints. If someone was The first chapter, “The Mission of a University,” feels wrong in their facts, they could be corrected without like a second introduction. The author uses it to describe judgment. That is how students learn. the nature of universities and how free speech is inher- What is most interesting about this chapter is his posi- ently built into it. The chapter is very short, but he is able tion on the current protests and riots that have been to concisely address current views of the American uni- occurring on campuses. Most of these have occurred versity system, historical changes that made it the best in because a few student organizations are opposed to con- the world, and how the mission of universities is necessary servative public figures being invited to the universities for American society. He defends the idea that universi- for speaking engagements, as in Whittington’s introduc- ties are an important part of democratic life and are places tion. Protesting is covered under free speech laws, but where ideas are formed, debated, and continually shaped. when people begin obstructing others from attending one He disagrees with the idea that the university’s purpose is of these events it does not constitute free speech. More so, to “mobilize social movements.” violence and rioting are not considered free speech either. The second chapter addresses the progression of free Chapter 4 discusses how academic administrations speech in the United States. The author illustrates how the are poorly handling free speech issues. Once again this version of free speech we currently take for granted devel- is not a new occurrence, but Whittington believes that oped over the centuries, starting with the Alien and Sedi- this is where problems truly lie. If administrations are not tion Acts of 1798. Whittington walks the reader through willing to support their faculty and support intellectual time, showing the legal battles fought and the philosophi- freedom, then universities will cease to accomplish their cal evolutions made. He does this mostly by citing Milton, mission. Locke, and Mill. As a reader, I thoroughly enjoyed reading this book The third chapter is the longest and addresses the cur- and learning how our free speech laws progressed. Whit- rent events on campuses that are making the news. Whit- tington does an excellent job of laying out the different tington explains the original purposes and ideas behind ways that free speech has been attacked on campuses from controversial topics such as hate speech, safe spaces, and “hate speech” to “safe spaces” and even large protests and trigger warnings. He also argues that these terms have riots causing damage to property and persons. For such been distorted. Instead of learning from other perspec- a small book, Whittington was able to succinctly discuss tives, students now claim that anything they disagree with the history of American universities, free speech, intel- is “hate speech.” Instead of discussing topics that may be lectual freedom, and where our universities are head- difficult to discuss, students claim that they need “trigger ing if changes are not made. This book should be read warnings” in the class descriptions. by anyone interested in intellectual freedom, policy, and People need to learn about opposing perspectives in academia. It is also a good secondary reference for his- order to strengthen, change, or develop new points of tory students. It should be purchased for academic librar- view. Now students feel that they need “safe spaces” so ies and public libraries that have local college or university that they are not exposed to ideas that are different than campuses.

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How to Rig an Election Authors _ Nic Cheeseman and Brian Klaas Publisher _ Yale University Press, 2018. 320 p. Hardcover $26.00. ISBN: 978-0-300-20443-8 Reviewer _ Michael Whitlow, Westminster Law Library, University of Denver Sturm College of Law Democracy is under attack. At first, it’s easy to dismiss or methods. Chapter 2 discusses bribery, not just of officials assimilate a statement like that according to your partisan and monitors, but even of the electorate. From the crony- politics. The sad truth however is that an increasing num- ism of Tammany Hall to infrastructure, government con- ber of observers are sounding the alarm that democracy tracts, and outright cash payments, some regimes retain truly is in retreat on a global scale.i Whatever your opin- power by ensuring it’s in the best interests of enough (or the ions on the state of American politics, the fact remains right) people. Chapter 3 begins delving into the darker side that speech rights, press freedoms, and election fairness of electoral manipulation with a focus on political violence are backsliding not just in the United States, but also in and the politics of division. Cheeseman and Klaas describe Europe, Asia, and Africa. that it is not just the regime’s thugs and secret police that Into this context comes Cheeseman and Klaas’s book enforce these divisions, but cultural and ethnic divisions How to Rig an Election. When I first saw the title, my initial can be manipulated to turn the populace against itself. reaction was to expect an assessment of American politics Chapter 4 explores all the ways in which technology generally or a polemic post-mortem on the 2016 presi- can be used against us. The “fake news” phenomenon is dential election. Instead, their treatise is a perfect primer of course detailed, but so also are the ways in which voter on all the ways in which democracy can be subverted by rolls, ballot machines, and vote tallies can be hacked or autocrats and authoritarians. The American system is by digitally manipulated. Chapter 5 covers the various meth- no means exempted from their analysis, but they spe- ods of ballot-box stuffing and the associated risks of dis- cifically go beyond our borders to look at methods of covery. Chapter 6 covers the more meta-level approach election rigging in Africa, Europe, and Asia, especially of public relations efforts to distract and divert attention sub-Saharan Africa, the former Soviet bloc, and repressive from the previous efforts to gain international legitimacy. Middle Eastern regime responses to the Arab Spring. It is in this chapter that the authors truly take the West to After a lengthy introduction that serves as an important task for their history of allowing political expediency and overview, the book is divided into six main chapters, each foreign policy agendas to willfully blind them to authori- discussing in detail a specific form of election rigging. By tarian abuses. detail, I mean that the authors not only describe all the Lest you think all is doom and gloom, the authors once various methods, overt and covert, that regimes can utilize again provide concrete suggestions and examples of how to accomplish a particular form of rigging, but they also to improve democratic systems. Their chapter-length con- use at least one historical example of each detailed method clusion is very prescriptive, and describes local, national, drawn from interviews with citizens and government offi- and international systemic changes that have proven cials as well as observations from journalists and profes- effective. The authors are not shy about warning that sional election monitors. The result is that the text does these changes will not be quick, cheap, or easy, and they not deal in hypotheticals, but is solidly grounded in reality. certainly acknowledge that the largest impediment may Chapter 1 focuses on “invisible” rigging methods such simply be political will. But they are also not shy about as gerrymandering and voter suppression methods. This is championing democracy as the best available form of gov- one of the areas in which our own country is truly taken ernment, nor are they shy about charging those who agree to task as not only an exemplar, but the progenitor of such with them to fight to implement these changes. The book is as well-sourced and supported by empir- i. Larry Diamond, “Facing Up to the Democratic Recession,” ical data as one could desire in a scholarly publication, 2015, https://www.journalofdemocracy.org/articles but where the book truly shines is in its ability to avoid /facing-up-to-the-democratic-recession/; Jay Ogilvy, “The Forces academic jargon and present the material in such a way Driving Democratic Recession,” 2017, https://www.forbes that any lay reader would understand and benefit from its .com/sites/stratfor/2017/05/25/the-forces-driving-democratic reading. I managed to read an uncorrected advance proof, -recession/#9864a234db2e; “Democracy Index 2017,” Economist Intelligence Unit, 2017, http://www.eiu.com/Handlers in which the graphical data was compiled as an appen- /WhitepaperHandler.ashx?fi=Democracy_Index_2017 dix. I hope that the final edition assimilates these charts .pdf&mode=wp&campaignid=DemocracyIndex2017. and graphs into the main body both as a stylistic break and

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a way to bolster the evidentiary paragraphs, but regard- rigging methods to readers that are currently unfamiliar less of the final formatting the book provides an excellent with them than it does to enlighten experts in the field. It resource for anyone with an interest in political systems. would be most at home in academic libraries, particularly It is most appropriate for an undergraduate student audi- undergraduate institutions, though it would also be of use ence, as it does more to introduce and explain election in law libraries for students with an interest in election law.

The Internet Trap: How the Digital Economy Builds Monopolies and Undermines Democracy Author _ Matthew Hindman Publisher _ Princeton University Press, 2018. 256p. Cloth (also available as an e-book). $29.95. ISBN: 978-0-691-15926-3 Reviewer _ Clem Guthro, independent librarian

Hindman, an assistant professor of media and public affairs attempts to define a new model of audience attention: one at George Washington University, has written a fascinat- that explains the reality of what is happening and dispels ing book that attempts to upend the common understand- the myth that the internet disperses attention and allows ing of the internet as a force that provides a level playing small and local sites to flourish. field and economic opportunity that is only a click away. The playing field is not level in today’s network econ- In eight chapters, using data-driven research, he shows omy. Hindman correctly argues that mega companies’ how very large companies have captured the attention investments in technical infrastructure translate into sites economy, and the danger this poses to news organizations, and services with increased efficiency, stickiness, reve- a key component of our democratic life and values. His nue, and dominance in the marketplace. Google, with its book joins several other recent volumes that attempt to blazingly fast architecture, uses load speed as a factor in show the ways that the attention economy is shaping our ranking search results, which favors large organizations lives and work. These include C. C.Bueno, The Atten- that can invest heavily in technology. The unevenness of tion Economy: Labour, Time and Power in Cognitive Capital- the playing field further advantages large firms because of ism, 2016; J. G. Webster, The Marketplace of Attention: How their ability to conduct experiments on site usage and lay- Audiences Take Shape in a Digital Age, 2016; J. Williams, out and leverage what they learn to make their sites stick- Stand out of our Light: Freedom and Resistance in the Attention ier. Big brand recognition (e.g., New York Times) as well as Economy Paperback, 2018, and T. Wu, The Attention Mer- easy to use sites, usually designed and improved through chants: The Epic Scramble to Get Inside Our Heads, 2016. large scale testing, also favors large sites. Brand loyalty Google was one of the first companies to systemati- and proficiency of use capture users’ attention and makes cally conduct research on user behavior, discovering that it hard to switch users to new sites. Hindman argues that small changes resulted in compound instead of incremen- this unevenness counters the popular mythology of an tal changes. internet that is frictionless commerce and a level playing Compound attention on any site is referred to as “stick- field. iness” and Google’s research discovered ways to increase Personalization and recommender systems dominate stickiness, including increased load speed and offering the internet. Using the Netflix prize, a competition to ancillary services such as email, video, maps, mobile, and improve its recommender system, as an example, Hind- office software. Site stickiness created by Google, Face- man shows that, at scale, recommender algorithms often book, Microsoft, and Yahoo allowed them to capture outperform humans. Recommender systems and learn- one-third of all web traffic, and Google and Facebook to ing algorithms built and employed by large sites (Google, capture almost 75 percent of digital advertising revenue in Facebook, Amazon) are beginning to replace editorial the United States. judgment and journalistic and information norms. Hind- Hindman argues that “the digital attention economy man rightly worries about the profound effect this has on increasingly shapes public life, including what content what content we see and even which sites are presented is produced, where audiences go, and ultimately which first in a search. Recommender systems are one of the news and democratic information citizens see” (p. 5). He powerful tools that help grow audiences and give large

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firms a competitive advantage. Recommender systems, including app-based access to news sites. Based on his based on large scale data collected from users, also allows work on web traffic, it is not surprising that this data these same large firms to target advertising in sophisticated shows how small the monthly audience is for local news. ways in which smaller firms or startups cannot. Large Hindman notes that the FCC rollback of net neutral- firms use these recommender systems to dramatically ity further complicates online news because the rollback increase their audience and promote lock-in to keep their supports cross-media ownership, which further limits the audience coming back. number of independent local news outlets. The overall Hindman explores online content production, show- argument that the internet has expanded the number and ing that content bundling and aggregation dominate large amount of local news coverage does not find support in companies and sites. Bundling is a key strategy of content the data. producers to help concentrate audience attention and build Hindman believes most news leaders misunderstand increased revenue. Hindman’s model provides insights that the nature of web-based audiences. He thinks it is clear are contrary to popular views, namely that digital media from the data that the large audience for local news that concentrate influence as well as jobs geographically rather news leaders talk about is a fantasy. If digital news is going than dispersing them, and small niche sites, especially to survive and thrive, news leaders need a basic under- local news sites, have an uphill battle compared to Goo- standing of how digital audience is compounded and gle news. Because search engines are so large and power- what strategies make sites sticky. Because news sites get ful, they can push traffic to small niche producers but also only three percent of web traffic and most of that goes to can circumvent the small producers by hosting the content national news sites, he believes that local news needs to themselves and concentrating more power and influence. abandon false strategies like paywalls or the shift to video Hindman sets out a power model for the dynamics of journalism. Hindman insists they focus on strategies that web traffic that overturns the common understanding that will actually build their audience and that increase sticki- the internet promotes a natural tendency to dispersion ness: load speed, effective site design and layout, personal and decentralization. He makes one of the first large scale content recommendation, and creating more compelling studies of audience churn, using Hitwise data for the top digital content that is constantly updated. three hundred sites for every day between July 1, 2005, Other strategies include a stream of short news pieces, and June 30, 2008. Hindman bases the model on stochas- headline testing, optimizing for social media, and more tic dynamical systems (SDS), a statistical model which multimedia content. Hindman correctly notes that news Hindman explains in great detail, and while helpful for organizations need new and different types of employees the expert, it is easy for others to get lost in the statistical and outsourced services, and this takes strategic spending detail. He also does not indicate his reasons for the choice and not seeing digital media as an afterthought. of very old data that does not include data on mobile or Hindman concludes with a chapter that is a mix of cau- app use of news sites. His study showed traffic for large tion and optimism. He rightly recognizes the mythology sites is more stable than for small sites, noting that traf- that imagines the internet is a leveling force which invites fic for the top ten sites is very stable, and sites below the even the smallest business to succeed and grow with no top twenty-five are subject to greater audience churn and apparent barriers. He shows that the real internet favors are constantly changing their position in rank. Hindman the large and disadvantages the small. This is particularly notes that this strong stability of larger sites speaks against telling and problematic for news organizations because of the conventional notion that real competition and massive the reality of the small size of the news audience. Because growth is only a click away for any new site. the internet functions as an “attention economy” and Hindman switches his focus to online news, espe- there is such strong gravitational pull towards giants such cially web-based local news, without specific comment as Google and Facebook, it will be necessary for small as to why he chose online news as an example. He con- publishers to build an audience with the help of big digital ducts a study using ComScore data from February, March, firms. and April 2010 and covered the one hundred largest US Hindman’s book is a significant addition to our under- broadcast market areas. It is unclear why he used such standing of the contemporary internet and how digital dated data—especially when it did not include mobile audiences are built and grown. He successfully casts doubt data. It would be helpful to see results from current data, on the naïve view of the internet of the past, a leveling

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force that democratizes access for all, and shows the large Despite these challenges Hindman still holds out some players like Google, Facebook, Amazon, and Yahoo for hope for local news sites, provided they pay attention to what they are—attention engines that dominate the inter- building and keeping a digital audience and making their net. He rightly raises the issue regarding the scope of data sites sticky. collected by large firms. He sees privacy and security This book is appropriate for the general public, tech- issues and the potential for government abuse or for non- nologists, news professionals, political scientists, librarians, state actors to steal and use the data to influence public and others concerned with the nature of the internet and discourse and spread fake news. the effect it has on audience generation, distribution, and the news.

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SCHOOLS to comment on the draft framework. San Francisco Board of Education Sacramento, California After the removals, some parents still voted unanimously in mid-June 2019 Six books have been removed from considered the parts of the framework to remove the entire thirteen-panel California’s 2019 edition of its Health not age-appropriate. They said that mural from view, not just the portions Education Curriculum Framework, topics such as masturbation and gen- that had been criticized as culturally created under a 2016 state law that der identity should be taught at home, and historically offensive. requires school districts to ensure that not in school. Nothing in the frame- Yet while some viewers today are all students in grades seven through work is required. Rather, it suggests offended when people of color are twelve receive comprehensive sexual ways to add sex and health education shown as victims or in subservient or health education and HIV prevention to the curriculum. demeaning positions, others say that education. On May 8, 2019, the Cali- A week after the board adopted in 1936 it was rare for their place in fornia Board of Education took action the revised framework, protesters history to be acknowledged at all, and to remove these titles from the Frame- across the state kept their children that the mural is an important piece of work’s list of recommended resources: out of school on May 17 and held art that is actually critical of oppres- rallies that day with slogans such as sion and imperialism, and for those ● My Princess Boy (2009) by Cher- “NoSeXXX Ed,” “No to Explicit Sex reasons it should be saved. yl Kilodavis, a story about a boy Ed,” and “Too Much Too Soon.” A A community advisory commit- who sometimes wears dresses and group called the Informed Parents of tee created by the board to consider sometimes wears jeans; California planned “sit-outs” at each whether the mural should be removed ● Who Are You?: The Kid’s Guide to county’s department of education began meeting in December [see JIFP Gender Identity (2017) by Brook building. Spring 2019, page 50]. The com- Pessin-Whedbee, an illustrated Fighting to retain a more inclusive mittee, with members of the local introduction to gender for 5- to curriculum, the National Coalition Native American community, stu- 8-year-olds; Against Censorship argued, “This dents, school and district represen- ● Changing You!: A Guide to Body sort of attempt to censor educational tatives, local artists, and historians, Changes and Sexuality (2007) materials stems from the misconcep- wanted to both preserve the legacy of by Gail Saltz and Lynne Avril tion that sexual identity equals sex the artist and address the feelings of Cravath, an illustrated guide to . . . [and] the continually reoccurring students, such as one who said, “We puberty for elementary school phenomenon of describing books, don’t need to see ourselves portrayed children; comics, and even lesson plans that as dead Indians every single time we ● The What’s Happening to My Body?: mention the existence of LGBTQIA see ourselves portrayed in any type of Book for Boys (1983, 1988, 2000, [lesbian, gay, bisexual, transgender, art or in any books.” The committee’s 2007) by Lynda Madaras, Area queer/questioning, intersex, and asex- recommendation: digitally archive the Madaras, et al., a guide to puberty ual] individuals as inherently inappro- mural, but paint over it. and health for boys age 10 and up; priate, conflating sexual-identity The decision is not final. Some ● The What’s Happening to My Body?: with sex.” Reported in: cbdlf.org, groups, including the school’s alumni Book for Girls (1983, 1988, 2000, May 14, 2019; KTLA 5 TV, May 17; association, have said they will file a 2007) by Lynda Madaras, Area cde.ca.gov, May 31. lawsuit to keep the mural on display. Madaras, et al., written for preteen And the school board has not decided and teen girls, and San Francisco, California how to cover the mural. Since it was ● S.E.X: The All You Need to Know The “Life of Washington” mural at painted as a fresco on wet plaster, it is Sexuality Guide to Get You Through George Washington High School in an integral part of the wall. Covering Your Teens and Twenties (2016) by San Francisco, painted in 1936 by it with custom panels could cost up to Heather Corinna, a sexual edu- Russian émigré artist Victor Arnaut- $875,000, while painting over it could cation guide for teens and young off in a federal Depression-era art cost $600,000 and might be delayed adults. project, will be covered over to hide by the legal steps needed for permis- images of some African American sion to destroy public property. The state Board of Education slaves being sold and others picking The controversy has gained removed the titles after two sixty-day cotton in the fields of President Wash- national attention, with several orga- periods when the public was invited ington’s Mount Vernon home. The nizations, including the National

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Coalition Against Censorship, urging old the kids are,” Collier County Chopin: Allow in high school the district to save the mural. “NCAC mom Ashley Stalling said. “Elemen- libraries. strongly urges the district to consider tary school is not that time.” She was ● Beloved (1987) by Toni Morrison: the serious ramifications of the irre- among dozens of people to comment Allow in high school libraries. versible act of destroying an artwork, on the post. ● The Bluest Eye (1970) by Toni as well as the precedent it would set for “We continually seek ways to pro- Morrison: Allow in high school other works installed in San Francisco vide engaging, challenging books to libraries. public schools that could spark strong students that are appropriate to the ● A Clockwork Orange (1962) by emotions in the future,” according to developmental age of the reader,” a Anthony Burgess: Allow in high a May 6 letter sent to Superintendent Collier County Schools spokesper- school libraries. Vince Matthews. “We ask the district son has said in the past. “If an issue ● Dreaming in Cuban (1992) by to leave the murals in place and pro- arises with a selection, educators work Cristina Garcia: Allow high school vide additional context and program- closely with the parent to resolve the libraries. ming around them.” Reported in: San situation.” Reported in: WBBH/ ● Killing Mr. Griffin (1978) by Lois Francisco Chronicle, June 17, 2019; Los WZVN ABC-7, May 22, 2019. Duncan: Allow in high school Angeles Times, June 28. libraries, except for Dunnellon Ocala, Florida High School. Collier County, Florida Nine books challenged in the Mar- ● The Women of Brewster’s Place Blood Will Tell (2015) by April Henry ion County Public Schools in Ocala, (1980) by Gloria Naylor: Allow in and Only the Good Spy Young (2010) Florida, will remain on high school high school libraries. by Ally Carter drew complaints from library shelves, but some of them are some parents after Laurel Oak Ele- being removed from middle school A tenth book on the Tea Par- mentary School in Collier County, libraries, pending a final decision by ty’s original list, The Truth about Alice Florida, sold them at a school book the school board. A group called It’s (2014) by Jennifer Mathieu, was not fair. The mother of a fourth grader Your Tea Party, Florida and a group reviewed by the committee. Maier posted on Facebook that she was upset called Florida Citizens’ Alliance had said the Tea Party did not fill out an over such passages in the books as: charged that the books contain mate- official complaint form for that book rial that is “obscene and/or por- to be reviewed. The group had orig- ● “When he kissed me it was hun- nographic” under Florida law and inally raised questions about fourteen grier somehow as if this moment that they do not have any educational books, but four of them are not in any was all we had.” value. Marion County school library. ● “The kiss was real, the kiss was Upon receiving the complaint in In most instances, the superinten- safe. I kissed him again.” February, County Schools Superin- dent accepted the recommendations ● “Their beers hadn’t even been tendent Heidi Maier immediately had of the committee, but she was more touched. They had probably been the books removed if they were in a restrictive in judging some titles inap- too busy kissing.” middle school library, but retained propriate for middle school. them in high school libraries. Then, Superintendent Maier announced The books are listed as being at the in accordance with school board pol- her decisions in June 2019 and for- sixth grade level, but the book fair did icy, she created a committee to hear warded them to the school board, not restrict students by age nor grade parent objections. After receiving the which will make final decisions. level. The mom, who didn’t want to committee’s recommendations, she The review committee included be identified, said her daughter will made these decisions about the books: three parents, one of whom was be returning the books to the school. a School Advisory Council presi- She said those books don’t belong in ● Almost Perfect (2009) by Brian dent. The committee also featured an elementary school. Some other Katcher: Allow in high school a secondary school librarian, a high parents agreed. libraries. school principal, a district curricu- “There is not a single reason that ● Angela’s Ashes (1996) by Frank lum administrator, and three high they need to be worried about kissing McCourt: Allow in middle and school staff members. It found edu- and touching and drinking and any high libraries. cational value in all nine books, and of that stuff at 10 and 7 and however ● The Awakening (2015) by Kate

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recommended that five of them be resulted in a 7–4 decision in favor of Alexandria, Minnesota allowed in middle school libraries. keeping the books in the library. Simon vs. the Homo Sapiens Agenda Ed Wilson, chairman of the local Some parents objected to the vote, (2105) by Becky Albertalli and Sold It’s Your Tea Party, Florida and a however, and WSD Superintendent (2006) by Patricia McCormick have committee member of the statewide Dr. Bob Ranells made an executive been removed as choices for eighth Florida Citizens’ Alliance, a grass- decision to remove the books from graders to read in a language arts unit, roots conservative group, said early the shelves, as he judged them to con- Assistant Superintendent Rick Sansted this year that he was pleased the books tain material inappropriate for a scho- announced at the Alexandria School were removed from the middle school lastic environment. Board meeting on May 20, 2019. In shelves. He had hoped the committee The books were taken from the addition, four other books in the unit would find the books had no “place in school library and given to the Wal- remain under review, and parents any school.” Reported in: Ocala Star- lace Public Library. This has brought will be part of a committee to review Banner, February 26, 2019, June 18. up another potential issue for officials book selections in the future. to monitor. The Wallace School Dis- A group of parents had raised Wallace, Idaho trict is a part of the Interlibrary Loan objections to the six books, cit- Books in The Walking Dead series of Network—which offers access to ing passages of a sexual or violent graphic novels (2003–2019) written roughly 500,000 books, as opposed to nature, foul language, and references by Robert Kirkman were challenged 1,200 books in the WHS library. to drinking and drugs. The books at Wallace Jr./Sr. High School in “For a rural school to have access were among eighteen that students Idaho’s Wallace School District. The to this is such a benefit,” Lund said. could choose from in a unit on “social books were retained, then banned, However, access to the network does issues.” This is the first year where and subsequently may lead to a change allow kids to select from materials that students were given a choice of “social in the rules for minors who use the may be outside of the school’s guide- issues” titles. Wallace Public Library outside of lines—including The Walking Dead. The district’s actions should not school. “How do we prevent these types of be construed as banning books, said Though later adapted into a TV issues in the future?” Superintendent Angie Krebs, a school board member. show with a TV-14 rating, the books Ranells asked. “We have discussed “We’re certainly not censoring these are rated for an older audience and the idea of implementing a two-li- books. We’re just not going to use contain graphic language, violence, brary card system where one card may them for our book study club,” she and sexually explicit content. This only allow students access to books in said. “These are issues kids need to concerned a teacher who saw a stu- the WHS library and the other allows hear about. Could we use better texts? dent reading one of the books toward them to use the interlibrary loan ser- Yes, we could.” the end of the 2018–2019 school year. vice. I think that would be a pretty Simon vs. the Homo Sapiens Agenda is Since some of the books in the series good compromise.” a coming-of-age story with a sixteen- were available in the high school That concept will need to pass year-old boy struggling with whether library, he brought his concern to the Wallace School Board before it to come out of the closet about his WHS Principal Chris Lund. becomes actual policy. sexuality. Sold deals with the issue of Lund consulted the school district’s Ranells ultimately believes that the human trafficking, as the novel tells of policy on selection of library materi- decision should remain with the par- a girl from Nepal sold into prostitu- als, which “reaffirms the principles of ents to determine what content their tion in India. intellectual freedom inherent in the children consume. David Wegner, the main spokes- First Amendment of the Constitution And no matter where student man for the parents group that of the United States and expressed in might obtain the books, the school objected to the books, said, “It’s one the School Library Bill of Rights.” will be requesting that The Walk- thing to check out these fictional Lund then formed a committee ing Dead not be brought onto school books from a library for your own of eleven people, composed of stu- grounds. Reported in: Shoshone News- personal reading. It’s another thing as dents, staff, and parents, to discuss and Press, June 22, 2019. part of an education curriculum for review the books. Afterward, they thirteen- and fourteen-year-olds.” voted on whether to keep them in the He added, “We are not saying that school or remove them. The final vote hard issues that eighth graders face

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shouldn’t come up in the classrooms.” Protesting that decision, the Comic today’s world” and “provide a stimu- However, the group believes content Book Legal Defense Fund (CBLDF) lus to creativity.” addressing social issues should be wrote: In a new protest, the Kids’ Right done through non-fiction, fact-based, to Read Project (which combines evidence-based materials. they are taking the memoir away the forces of the American Library Another parent at the school board from those too uncomfortable to ask Association’s Office for Intellectual meeting disagreed. Christine Reilly their parents for permission. They are Freedom, CBDLF, and other groups said, “I feel it necessary to say that taking Fun Home away from students representing authors, illustrators, not everyone shares the same opin- afraid that mentioning the desire to publishers, booksellers, and teachers) ion. When I hear about books being borrow an LGBTQIA book might wrote that “with the language as it removed, that scares me a lot. I feel alert their parents to questions they stands now, if a comic or novel were strongly that another side needs to be aren’t ready to share. Administrators challenged today the chance of the heard.” While she appreciates non- are taking this important work from school district being able to retain it fiction books, Reilly also said that those teenagers whose parents have seems minuscule.” fiction has real value, starting with different values from themselves, or Another letter protesting the policy the fiction books parents read to their parents who are more concerned with change came from the National Coali- children. Reported in: Alexandria Echo optics than content. While any par- tion Against Censorship, which wrote: Press, May 23, 2019. ent can direct their individual child’s reading, putting undue restrictions on The original policy 2530 played a sig- Annandale, New Jersey all students’ reading access is an ero- nificant role in safeguarding NHV Fun Home: A Family Tragicomic (2006) sion of their rights. students’ right to a broad and cen- by Alison Bechdel was removed from sorship-free education by entrusting general circulation in high school CBDLF and others also pointed out trained librarians with book selec- libraries in New Jersey’s North Hunt- that the way the restriction was imple- tion. This delegation of responsibility erdon-Voorhees district in late Febru- mented violated the district’s own assured book selections were credibly ary 2019, then was restored in the first policy on how to handle challenges rooted in sound pedagogical reason- week of March—and on March 19 to library materials. Approximately ing, rather than subjective opinion. was put at risk again. In fact, access to one week later, all restrictions on Fun As worded, the current policy all controversial books in those high Home were lifted. vests absolute authority in the sole school libraries was put at risk. The Yet less than three weeks later, the person of the Superintendent to select school district removed all language in district officially changed its proce- and remove books without a review support of intellectual freedom from dure for handling challenges, known of their educational merits. . . . We its library policy. as Policy 2530. Among other changes, strongly recommend that you restore Bechdel’s graphic autobiographi- the new version of the policy removed credibility to the book selection pro- cal, illustrated novel tells her story of these sentences: cess by delegating responsibility to growing up in the funeral home her librarians and teachers. family ran, while coming to terms ● “North Hunterdon-Voorhees Re- with her realization that she is a les- gional High School District Board Reported in: cbldf.org, Febru- bian. The book has won awards, but of Education supports principles ary 20, 2019; April 26; Bleeding Cool, also has been challenged frequently. of intellectual freedom inherent April 27. Reportedly, administrators at the two [in] the First Amendment” and North Hunterdon-Voorhees high ● “In the event that materials are Irving, Texas schools specifically objected to images questioned, the principles of intel- Six graphic novels were removed from on one page out of the 233 pages in lectual freedom, the right to access an English I unit on social justice at Fun Home. of materials and the integrity of Irving High School in Texas: The school district first limited the the certified library/media per- book’s circulation to only those with sonnel must be defended.” ● March (2013) by Congressman “explicit parental permission.” John Lewis of Georgia, a first- Also removed were criteria for hand account of his struggle for retaining books that are “relevant to civil rights;

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● Speak (2018) by Laurie Halse The Irving Schools Foundation pre-vetted as is required for material Anderson, a graphic novel version had provided a grant to purchase the deemed potentially sensitive. of her 1999 novel about a high graphic novels. The principal told The National Coalition Against school girl finding her voice after the teachers to pack up the books Censorship has written to the dis- suffering trauma at a party; because a complaint had reached the trict in support of the teacher and the ● Monster (2015) by Walter Dean superintendent. book, urging them to keep the book Myers, a graphic novel version of Then, Waugh recalled, “Our team in classrooms and available to students his 1999 story about a high school lead, Revelle—who has a doctorate in who choose to read it. boy on trial for murder; curriculum and instruction and more The well-reviewed picture book ● Love Is Love (2016) by Marc than two decades of teaching experi- was read aloud as part of a lesson Andreyko, an anthology of comics ence—emailed a letter the next day, on civil rights and fighting against about LGBT-related relationships requesting an immediate return of the bigotry, in support of the district’s and discrimination, in honor novels and that the district follow its anti-bullying curriculum. those who were killed at the Pulse policy for challenged materials. No The district’s sensitive material nightclub in Orlando; response ever came.” policy requires the school to alert par- ● In Real Life (2014) by Cory Waugh and Revelle learned that ents to potentially controversial texts Doctorow and Jen Wang, a look at Love Is Love—the book with LGBT and allow them to request alternative adolescence, gaming, poverty, and themes—was banned in a meeting in assignments for their students. Since culture-clash; and the superintendent’s conference room. the challenge and the principal’s letter, ● Hidden: A Child’s Story of the The district later created a new many parents in the community have Holocaust (2012) by Loic Dauvil- policy that requires six-weeks’ notice spoken out in support of the book and lier, Greg Salsedo, et al., where a for non-approved texts. Waugh sur- the teacher. The book’s supporters grandmother tells how she was mises that the ban “can only have argue that the book, which does not hidden from the Nazis when she been created to prevent future contain references to sex or violence, was a little girl. LGBT-inclusive texts.” Her Dallas is a civil rights story and does not Voice article adds, merit being labeled sensitive or con- School administrators banned troversial. Reported in: ncac.org, May the books from the curriculum in Additionally, the district is conceal- 14, 2019. the spring of 2018, but it took more ing this ban by not listing any of the than a year for some of the details to graphic novels as challenged or Love COLLEGES AND emerge about the reasons for the book Is Love as banned in its records. In UNIVERSITIES banning. In July 2019, one of the fact, the information obtained from Conway, Arkansas teachers who had created the curricu- the district is incomplete, as these A sign with a quotation from Lady lum, Anna Waugh, reported on what events, as well as at least two emails, Gaga, displayed in celebration of Gay she and a fellow teacher uncovered. are known to be missing from records Pride Month, was removed from out- According to her article in the Dal- requests. side the Torreyson Library at the Uni- las Voice, all six novels were removed versity of Central Arkansas (UCA). two days before she and her colleagues Reported in: Dallas Voice, July 5, UCA President Houston Davis sent planned to start teaching the unit 2019. an email about the issue to students, “because of one LGBT-themed text. faculty, and staff on June 18, 2019. This was followed by silence from Ashland, Virginia “Unlike our student groups or leadership, an eventual cover-up by A parent complained about PRIDE: other organizations, the library is the district, and a new policy gate- The Story of Harvey Milk and the Rain- an official arm of UCA and when keeping teacher-selected materials.” bow Flag (2018) by Rob Sanders being it ‘speaks’ on that sign which serves She added, “It is only recently, as read aloud in a second-grade class- information regarding library hours, my former coworker, Carol Revelle, room in Hanover County, Virginia. it speaks officially,” Davis wrote. “We and I compiled some research on the In response to the complaint, the do have to be very careful that we story for a book about LGBT curric- school’s principal wrote to all par- walk the fine line between individual ulums, that we fully recognized how ents to alert them of the incident and freedom of speech and institutional bigoted the process had been.” explain that the book had not been voice.”

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Davis said another problem was Targum and reform its unconstitutional mandatory student activity fee is timing—an apparent reference to the funding policy. tied to the obligation to distrib- summer band camps and other activ- Though 68 percent of voting ute that fee in a viewpoint-neu- ities that attract many secondary stu- students supported continuing to tral way. A referendum cannot dents to the campus. fund the Daily Targum, it fell short be viewpoint-neutral because, as “We have to be very mindful of of receiving the required thumbs-up the Supreme Court has held in the hundreds of minors that are on from at least a quarter of the over- another student fee funding case, campus during the summer which all student population—because only “access to a public forum . . . does further complicates an environment about a quarter of Rutgers students not depend upon majoritarian that is normally programmed for voted on the ballot measure, which is consent.” adults and our very meaningful con- held every three years. 2. The referendum procedure is versations about ourselves and our Since 2017, the Rutgers Univer- apparently unavailable to belief- world,” he wrote. “One outgrowth of sity Conservative Union has led a based groups, such as political and that perspective on minors has been #DefundTheTargum campaign. The religious organizations. a start of a good conversation about group, which argues that it aimed 3. Under the policy, a committee of best practices how to present or rep- “not to destroy the paper, but to give the University Senate is charged resent issues when minors are on the more freedom and more choice” to with determining whether the campus.” students, had run-ins with the Tar- “educational value of the orga- The sidewalk sign outside the gum in recent years. Group leaders nization justifies the proposed school’s Torreyson Library was cel- have complained that the newspaper investment.” While an inquiry ebrating Gay Pride Month before it printed “Fake News” after the Targum into “educational value”—which was removed during the second week published an article revealing that a the Rutgers policy leaves unde- of June. The black-and-white sign member of the group crafted flyers fined—may be a lawful com- said, “Being gay is like glitter. It never nearly identical to those created by ponent of a viewpoint-neutral goes away.—Lady Gaga.” American Vanguard, a white suprem- standard, it does not, standing Senior Ashley Nicole Hunter of acist group. alone, provide adequate guid- Conway said that the letter from the Melissa Hayes, an alumni member ance to decision-makers and university president so upset her that of the Daily Targum’s Board of Trust- thus allows for biased funding she was withdrawing from classes. ees, told NJ.com that the vote means determinations. “This is doubling down and fur- a loss for the newspaper of around 4. The university president has ther insulting us by suggesting we $540,000 a year. unfettered power to unilaterally [members of the LTBTQ community] “The university must immediately approve or deny a student group’s shouldn’t be exposed to minors,” she reverse course and implement a fund- request for a referendum, includ- said. Reported in: Arkansas Demo- ing process that doesn’t subject stu- ing for viewpoint-discriminatory crat-Gazette, June 18, 2019. dent newspapers, or any other student reasons. organization, to layer upon layer of New Brunswick, impermissible viewpoint discrimina- “Whether the conservative group’s New Jersey tion,” said FIRE’s Adam Goldstein. campaign changed a single vote is Rutgers University’s student newspa- According to FIRE, the referen- irrelevant, as the mere establishment per, the award-winning Daily Tar- dum itself, and the system that deter- of the voting system is unconstitu- gum, lost its funding despite winning mines a student group’s eligibility for tional even if the Targum won every the overall support of student voters a funding referendum, are unconstitu- vote,” Goldstein said. “If a popular in an April referendum. An analy- tional in four ways: vote was a lawful method of defund- sis by the Foundation for Individual ing a student group, many voices— Rights in Education (FIRE) found 1. Court precedents forbid pub- almost assuredly conservative ones that the Rutgers policy that defunded lic colleges from distributing included—would be silenced. Rutgers the newspaper is unconstitutional in at student activity fees by refer- cannot permit any student group to least four ways. FIRE on June 3, 2019, enda. The Supreme Court has lose funding because someone didn’t called on Rutgers to fund the Daily said, under the First Amend- like what they published, and that’s all ment, the power to impose a a referendum is: a heckler’s veto with

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extra steps.” Reported in: fire.org, Arizona’s corrections department Topeka, Kansas June 3, 2019. prohibits inmates from receiving pub- Thousands of books have been banned lications that contain any depictions from entering Kansas’ state prisons PRISONS or descriptions that would incite or over the last two decades, with hun- Phoenix, Arizona facilitate a riot, resistance, or stopping dreds added to the list of censored lit- Chokehold: Policing Black Men (2017) work. The publications also can’t con- erature over the last two years. by Paul Butler has been banned in tain pictures, illustrations, or text that Books to Prisoners, an organization Arizona prisons. The book, by a for- encourage “unacceptable sexual or that facilitates book donations to pris- mer federal prosecutor, examines law hostile behaviors.” Any publications ons, shared the Kansas Department enforcement and mass incarceration with sexually explicit material or sex- of Correction’s banned book list on through its treatment of black men. ual representations of inmates and law Twitter. Books on the list include: Butler, who now is a criminal law enforcement also are not permitted. professor at Georgetown Univer- The Arizona Department of Cor- ● A Clockwork Orange (1962) by sity, said his publisher was notified by rections is in a court battle over a sim- Anthony Burgess email in March 2019 that his book ilar case involving a different publi- ● A Game of Thrones (1996) by had “unauthorized content.” The cation. Prison Legal News, a monthly George R.R. Martin notice did not specify what led to the journal, sued corrections officials in ● Are Prisons Obsolete? (2003) by decision, but stated that some aspect 2015 for refusing to deliver four issues Angela Y. Davis of the book was “detrimental to the in 2014. The case is set for trial later ● Black Klansman (2014), Ron Stall- safe, secure, and orderly operation of this year. worth’s memoir which inspired the facility.” Supporters say access to books for Spike Lee’s 2018 BlacKKKlansman Butler said he is mystified as to the more than 2 million people incar- film what raised alarm bells. “Choke- cerated in the US can make all the ● Twelve Years a Slave (2015) by Sol- hold,” the word he used for his title, difference for life outside the prison oman Northup is a maneuver police have used to walls. About half the adult prison ● Fifty Shades of Grey (2011) by E.L. restrain a suspect by the neck. But- population doesn’t have a high school James ler uses it throughout the book as a degree, said Christia Mercer, a philos- ● American Gods (2011) by Neil metaphor for how society and law ophy professor at Columbia Univer- Gaiman subjugate black men. Nowhere does sity who has taught classes in New Butler advocate violent or retaliatory York prisons. Reading books can be At least sixty “how-to” books also behavior. transformative and help them feel made the ban list, including How to “I disavow violence because first, like they are using their time to make Make Small Talk: Conversation Start- I think it’s immoral, and second, something of themselves. ers, Exercises, and Scenarios (2017) by because it wouldn’t work,” Butler “One in nineteen black men are in Melissa Wadsworth, How To Paint said. “I’ve received letters from sev- prison in Arizona right now,” Butler & Draw (2002) by Hazel Harrison, eral inmates who have read Chokehold said. “Rather than acknowledge it’s a How to Analyze People: An Ideal Book while they are serving time. No one good thing that inmates want to read for Understanding Different Personali- has indicated that reading Chokehold about and debate important public ties (2015) by Aiden McCoy, How to has caused any problems in prison.” policy, Arizona pushes back against Disappear: Erase Your Digital Footprint, The American Civil Liberties rehabilitation, against literacy, against Leave False Trails, and Disappear without Union (ACLU) on May 21 called on the Constitution.” a Trace (2010) by Frank M. Ahearn the Arizona Department of Correc- Sykes said the ACLU is prepared and Eileen C. Horan, and How to tions to rescind the ban. “In order to sue if corrections officials fail to Survive Anything, Anywhere (2004) by for them to ban a book, they have respond to its written request to end Chris McNab. to show the restriction is related to the book’s exclusion. He believes The list also includes a number a legitimate prison interest,” said the ban was made based on content, of banned coloring books, news- Emerson Sykes, an ACLU attorney. which would be unconstitutional. letters, and comic books, including “There’s no interest to keep inmates Reported in: Associated Press, May 21, a number of Marvel and DC com- from learning about the criminal jus- 2019; National Public Radio/npr.org, ics, plus role-playing manuals for tice system and policing.” June 21. games such as Dungeons and Dragons

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and Pathfinder, and also magazines, Kansas Department of Correc- in New Hampshire prisons, accord- including Cosmopolitan, Allure, Elle, tions Secretary Roger Werholtz said ing to the Human Rights Defense Art in America, Hot Bike, and Hooters. in a statement sent to Newsweek that Center (HRDC), a nonprofit which While some of the books likely decisions on which books to censor advocates on behalf of those held in made the banned list due to ref- are made based on pre-established cri- correctional facilities throughout the erences of violence, such as Vince teria. “If one item within a publica- United States. Flynn’s Consent to Kill (2005), social tion meets the criteria, then the entire HRDC in May 2019 obtained a media users were quick to point out publication must be censored as we list of specific titles and their associ- how innocuous many of the books, cannot redact that one item,” Wer- ated violations for those incarcerated magazines, and graphic novels appear holtz said. in New Hampshire under the state’s to be. These include Klaus Honnef’s The corrections secretary said that Right-to-Know law. More than 120 book on Contemporary Art (1994) and if facility staff do flag a publication for titles were rejected by New Hamp- a “Step by Step” guide on how to use censoring, an appeal can be launched shire corrections officials between Microsoft Office Excel 2007. against the decision. 2014 and the present. Books to Prisoners (BTP) obtained “The current censorship list is Among the banned titles that take the list with the Human Rights approximately fifteen years old. Within issue with the country’s justice system Defense Center (HRDC). BTP said this time frame, 1,622 publications and mass incarceration are: “Kansas has fewer than 10,000 pris- have been appealed with 141 appeals oners, yet more than 7,000 books are being overturned,” Werholtz said. ● Prison Nation: The Warehousing banned for them.” Michelle Dillon, “While this list reflects censorship of America’s Poor (2003) by Tara who is a BTP organizer and also activity during the past fifteen years, Harivel and Paul Wright is Public Records Manager at the the standards by which items are ● Locked Up but Not Locked Down: HRDC, told Newsweek in a phone placed on the list have evolved over A Guide to Surviving the American interview that in her seven years time,” he continued. “For instance, Prison System (2011) by Ahmariah working with BTP, she had “never role playing publications were not Jackson seen a list like this, except in Texas,” allowed within the facility at one ● The Factory: A Journey Through the where she said officials have banned as time. However, this is no longer a Prison Industrial Complex (2016) by many as fifteen thousand books. blanket practice. Also, at one time, Christopher Lordan and Robert Dillon said prison book bans tend depictions of guns in magazines were Dellelo to vary from state to state, with more not allowed. However, this practice ● Blood in the Water: The Attica conservative states tending to see has changed and photographs of guns Prison Uprising of 1971 and Its greater censorship. are now allowed. The censorship list Legacy (2017) by Heather Ann In all states, she added, atlases does not reflect these changes because Thomas are commonly rejected by prisons, our practice is that each publication is ● Coming Out of Concrete Closets: A including maps of imaginary places, reviewed as it enters a facility.” Report on Black & Pink’s National like Westeros in A Game of Thrones. Werhotz added, “Censorship deci- LGBTQ Prisoner Survey (2015) by With George R.R. Martin’s popu- sions have been made based on main- Jason Lydon, et al. lar series, Dillon said, it may not even taining the safety and security of the be the “violence or sexual content” facility and those decisions err on the Alex Friedmann, the associate that will get his novels banned from side of caution.” However, he said, the director of the HRDC, said decisions prisons, “but it’s also because of the Kansas Department of Corrections about questionable books should be maps because, you know, somehow was “planning to review the processes made by independent panels rather it could lead to a prisoner escaping to by which publications are placed on than prison employees. Westeros.” this list.” Reported in: Newsweek, May New Hampshire Corrections For organizations like BTP, the 31, 2019. Commissioner Helen Hanks said lack of clear guidelines makes deter- thousands of titles—41,000 books mining what literature can and cannot New Hampshire at the three state prison libraries— be sent out to prisoners a difficult and Books that are critical of the justice are available to prisoners. Electronic time-consuming task. and prison systems are among the books are also available on pris- most frequently banned publications on-issued tablets.

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The Department of Corrections more restrictive ones—in place since prisons, various states as well as the disputed the notion the books are at least early 2018. In December 2017, federal prison system have attempted banned and noted that some decisions Redbird Books-To-Prisoners received to dramatically restrict book deliveries can be revisited and overturned. They a letter from a prisoner at Grafton to incarcerated people, or shut down provided the Union Leader with a list Correctional Institution about a new such deliveries entirely. In the past of books initially rejected but deemed policy banning prisoners from receiv- two years alone, PEN America has acceptable by the Literary Review ing used books. WOUB reporters joined others in decrying such policies Committee. They include Death knew of three other prisons in Ohio in New York, Maryland, and around Before Dishonor (2007), a novel by hip with this particular policy: Chilli- the country. After public outcry, some hop artist 50 Cent, Papillon (1969) by cothe Correctional Institution, Leb- of these policies have been rescinded Henri Charriere, books about narco anon Correctional Institution, and or amended. Reported in: WOUB kingpin Pablo Escobar, and books Ridgeland Correctional Institution. Public Media, April 27, 2018; Central about witchcraft. The policy at Grafton not only Ohio IOC, November 21; Pen Amer- HRDC has sued to get some books banned used books, it also required ica, May 14, 2019. in prison. It has won most cases of the books to be bought from a list of its cases nationwide, but lost in fed- approved vendors. After an internal Seattle, Washington eral courts in Texas. Reported in: complaint was filed, Grafton amended Used books—an affordable way to get BookRiot.com, May 28, 2019; New its policy to include Redbird as an books into the hands of prisoners— Hampshire Union Leader, June 1. approved vendor. But, the books still were banned by Washington state’s must be new. Department of Corrections (WDOC) Toledo, Ohio Purchasing new books is costly. in March 2019, but a public outcry All used books are banned; only new New books usually cost around $20. led to a partial lifting of the ban in books are allowed in at least five pris- But on average, inmates only have mid-April. ons in Ohio. This limits the efforts of a monthly income of about $24, WDOC officials said they see a non-profit groups, family members, according to data compiled by the lot of contraband coming in through and friends to provide a wide range Prison Policy Initiative. Buying a new books, and there’s not enough staff to of reading material to incarcerated book would mean inmates would check each package. people, and the ability of prisoners potentially have to spend their entire The non-profit Books to Prisoners with limited funds to buy books for monthly wages on one item. For pris- (BTP) mails more than 10,000 books themselves. oners who don’t have family that can at no charge to prisoners in Washing- The latest such ban to come to send them items in prison, it would ton each year. The group, based in light is at the Toledo Correctional be a financial hardship to pay for new Seattle and with branches in Port- Institution. On May 3, 2019, the books on their own. land, Olympia, and Spokane, started non-profit Central Ohio Incarcer- “Basically they’re saying you can’t providing this service in 1973. BTP ated Workers Organizing Commit- read books if you’re poor,” Madeline board member Michelle Dillon said tee publicly shared a copy of a memo Smith, one of the volunteer organiz- the group has never had a problem, from officials at the Toledo institu- ers of Redbird, told WOUB. Smith, and banning services like this will cut tion, dated November 21, 2018, stat- a Ph.D. student at Ohio State Uni- off inmates’ access to information. ing that used or damaged books had versity, said, “That’s another level of A BTP statement called the policy been deemed “a threat to the security . . . discrimination that I think is just “cruel and senseless.” of the institution and will no longer unconscionable.” After partially rescinding the ban, be permitted to be sent in” under PEN America issued a statement the DOC is now allowing a select any circumstances. “Books and other saying, “The state of Ohio’s prison group of four nonprofits to send printed material must be ordered and policies banning used books from its books: Books to Prisoners Seattle, received in new condition in order to prisons represent a misguided effort, Books Through Bars, Women’s Prison be processed,” the memo said. as well as a troubling sign of the ero- Book Project, and Prisoners Literature Previous reporting from public sion of the right to read in American Project. radio station WOUB in Athens, Ohio, prisons.” BTP called the adjusted policy indicates that at least four other pris- In recent years, with the stated aim “insufficient.” Representatives of BTP ons in Ohio have had this policy—or of blocking contraband from entering met with WDOC officials on April

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12 to challenge and clarify the new Qaeda, ISIS, and Donald Trump (2019) and United Nations intervention in book policy. by independent journalist Max Blu- Syria, tweeted that it was “dismayed “We’re still working with the menthal, scheduled for April 3, 2019, that @politicsprose invited Max Blu- Washington DOC to clarify the terms was cancelled at a bookstore in the menthal . . . to speak tomorrow.” of new acceptance policies, but are nation’s capital. The owners of the A subsequent tweet told the optimistic for resolution and improved local bookstore chain Politics and account’s followers to voice their con- lines of communication in the future,” Prose expressed concern after being cern, and included the phone number Dillon told Publishers Weekly. She targeted by a social media campaign of the bookstore, along with Graham emphasized that “we still have many that amounted to a heckler’s veto. and co-owner Lissa Muscatine’s email concerns” about the new policy. Days before the scheduled book addresses. Syrian American Council Dillon said BTP’s goal is to “nego- talk at the bookstore’s location at The Executive Director Suzanne Mer- tiate a policy which doesn’t just Wharf, the owners began hearing iden told DCist that she also privately restore the limited access” prior to the concerns about it. “We were caught emailed Graham and Muscatine ask- universal ban, but a policy that offers off guard by a number of people who ing them to reconsider their decision “a much more just, comprehensive, were reaching out to us and the pas- to host Blumenthal. consistent policy that ensures that all sion of their comments,” said Brad- Graham said it wasn’t just the Syr- [nonprofit prison support] groups are ley Graham, co-owner of the chain, ian American Council that opposed treated equally.” The current “very which hosts more than seven hundred Blumenthal’s event. “We were hear- short list of approved vendors,” she events a year. ing from people who were customers said “would exclude at least a dozen A few hours before Blumenthal of the store, not necessarily affiliated known organizations which have sent was scheduled to talk, the bookstore with the Syrian American Council,” books to Washington prisoners in the announced on Twitter that it was he said. “But they are aware of Max past.” postponing the event. or aware of events in the Middle East Dillon said, “These book dona- The author said the bookstore was or in other subjects that Max has writ- tions, which have been supplied by setting a disturbing precedent by cav- ten and talked about.” He added that humanitarian organizations across ing to complaints, but the store own- those who were writing were “very the country since 1973, are lifelines ers said they wanted to find a way to upset that we were holding this event for many of these prisoners, who face move forward with the event. for him. . . . It’s just a challenge now underfunded (or nonexistent) prison A week later, rather than host a to deal with the extent of emotion libraries.” book launch at one of their stores, and allegations and counter allegations Following the initial ban, a report Politics and Prose instead supported being thrown back and forth.” in the Seattle Times cast doubt on Blumenthal’s event on April 10 at the Blumenthal called the pressure WDOC’s claims that illegal contra- Justice Center. campaign the “internet version of band sent to prisons was escalating Blumenthal’s investigative journal- having a book burning.” He said that, “at a high rate.” The Seattle Times ism focuses on American militarism while his new book isn’t focused on reported that most of the instances (he’s also the son of former Bill and Syria, “the people who are trying to cited by the DOC either didn’t Hillary Clinton aide Sidney Blumen- censor me and shut down my book involve books at all or, in the remain- thal). He describes his new book as an tour—and they’re trying to shut it ing instances, it was unclear whether attempt to put “Trump and the Euro- down everywhere—many of them the contraband cited was actually pean far right in a new context, and are people who have been directly smuggled using books. Reported in: place blame on the warmakers who involved in trying to sell the war [in Q13 Fox TV, April 1, 2019; Publish- caused the refugee crisis.” Syria] to the American public.” ers Weekly, April 15; bookstoprisoner. While Blumenthal has been a Meriden countered that her orga- net, n.d. polarizing figure for his writing about nization is composed of “American Israel and US foreign intervention, citizens exercising our right to speak BOOKSTORES he’s held three book launch events up when we feel something wrong Washington, D.C. at Politics and Prose before without is taking place. Max is free to speak A book talk to help launch The incident. anywhere he wants to, but it’s also our Management of Savagery: How Ameri- But on April 2, the Syrian Ameri- right to protest what kinds of plat- ca’s Security State Fueled the Rise of Al can Council, which advocates for US forms he’s getting to speak.”

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The week before Blumenthal’s the Special Someone,” which features stated the decision to cut the epi- scheduled book launch at Politics Arthur’s third grade teacher Mr. Rat- sode was so that children could watch and Prose, the store hosted former burn marrying another man. Instead, Arthur without supervision. “Parents Department of Homeland Security the broadcaster played a re-run of have trusted Alabama Public Televi- Secretary Janet Napolitano. Graham another Arthur episode. sion for more than fifty years to pro- said that a protest that disrupted the In response, a church in Birming- vide children’s programs that enter- Napolitano event played a part in the ham, Alabama, made plans to host a tain, educate and inspire,” he said. store’s decision to postpone Blumen- free screening of the banned episode. “More importantly—although we thal’s talk. “We just didn’t want to The First United Methodist Church is strongly encourage parents to watch go through that again,” he says. “We collaborating with the Sidewalk Film television with their children and talk didn’t know that there was going to Festival and Shout LGBTQ Film Fes- about what they have learned after- be any protest with Napolitano; we tival for the special event. WGBH, the wards—parents trust that their chil- didn’t have any warning. With Max’s production company behind the show, dren can watch APT without their event, we had some warning. We’re granted permission for the episode to supervision. actually trying to be more responsible be screened. “We also know that children who in preparing for this event.” The church announced in a Face- are younger than the ‘target’ audience Graham said that this level of book Event post that the screening for Arthur also watch the program,” contention is highly unusual for the would be held at 10 a.m. on June 15. Mckenzie added. store. “We’re trying to avoid disrup- The announcement said, “There will Arthur is a Canadian/American tion because we want people to be be wedding cake, sparkling apple juice animated educational TV series about able to listen to the arguments, absorb and surprises. This all ages screening the life of an eight-year-old anthropo- them, question them if they want. and celebration is free and open to all.” morphic aardvark, based on the Arthur But demonstrating in a way that shuts Rachel Morgan, the creative direc- Adventure book series written and down a speaker and avoids open ques- tor for both festivals, explained to illustrated by Marc Brown. tioning seems to me to be counter- Newsweek why she wanted to screen Speaking about the episode featur- productive to what we’re trying to the episode. “We wanted to help ing same-sex marriage, Marc Brown achieve.” Reported in: DCist.com, allow for anyone in the Birmingham told CBS, “You know, art reflects April 5, April 9 2019. area who wants to see the episode to life, and life reflects art, and I think have the opportunity to do so. We kids need to see what’s happening in BROADCAST MEDIA hope that the screening reflects the the world. I would hate to live in a Birmingham, Alabama fact that there are many people in world which is sanitized and censored, One episode of Arthur, a long-run- Alabama who disagree with censor- and that’s really something I can’t get ning children’s series on PBS, was ship and believe that all lives are wor- behind.” Reported in: Newsweek, June banned by Alabama Public Television thy of representation,” she said. 6, 2019. (APT). APT refused to air the May Mike Mckenzie, the director of 13, 2019 episode, “Mr. Ratburn and programming at APT, has previously

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SUPREME COURT the following ten years. Reported in: Lanham Act (the federal trademark The US Supreme Court on June 27, American Libraries, June 27, 2019. law) covers them all. It therefore vio- 2019 issued a 5–4 ruling in Depart- lates the First Amendment.” Reported ment of Commerce v. New York, tem- The Supreme Court on June 24, 2019 in: supremecourt.gov, June 24, 2019; porarily blocking the US Commerce struck down a provision of federal Freedom Forum, July 3. Department from adding a citizen- trademark law that had denied regis- ship question to the 2020 Census. In tration for “immoral or scandalous” Carpenter v. United States expanded response, American Library Associa- trademarks, as an overbroad regula- Fourth Amendment privacy protec- tion (ALA) President Wanda Brown tion that limited free speech based on tions in the digital age, by requiring made the following statement: the viewpoint expressed. the police to obtain a warrant before In Iancu v. Brunetti, the court obtaining cellphone location history The American Library Association ruled against the US Patent and from a phone company. The Supreme agrees that there is a “substantial Trademark Office’s rejection of Erik Court issued its ruling on June 22, mismatch” between the Commerce Brunetti’s application for a trademark 2018, but the case was back in the Secretary’s decision and the rationale for his clothing line named FUCT. news a year later. he provided for adding a citizen- The name obviously bears close Timothy Carpenter, the appel- ship question to the 2020 Census. resemblance to a profanity. lant in the Supreme Court case, had We welcome the Supreme Court’s The Trademark Office said been convicted of a series of fed- decision to at least temporarily block “FUCT” violated the law because it eral offenses, including robbery and the addition of the question. ALA was “a total vulgar” and “extremely gun-related charges. But prosecutors has consistently opposed the addition offensive” name. Brunetti sued on won the case and secured a 116-year of the question on the 2020 cen- First Amendment grounds. prison sentence against him with the sus form, as most recently argued in The court ruled in his favor for at help of cell-site location information ALA’s amicus curiae brief in this case. least two reasons. First, the provision that the Supreme Court later said was ALA will continue to work in permitting the rejection of marks as unlawfully obtained. coalition with civil and human rights “immoral” allowed the government Unlike other types of criminal organizations to carefully review the to engage in what is known as view- cases decided by the Supreme Court, implications of the case and actively point discrimination. This violates the which may result in a reversed con- advocate for a fair, accurate, and principle that the government should viction or a new chance to prove inclusive census. not favor certain viewpoints and disfa- one’s innocence, successful challenges vor other viewpoints. to government searches and seizures The Supreme Court action came Justice Elena Kagan in her major- routinely seek suppression of the after the Trump Administration ity opinion wrote that the view- tainted evidence. Under what’s called appealed a decision in US District point bias was “facial” [obvious on the exclusionary rule, any evidence Court in Manhattan that Commerce its face] and thus “results in view- obtained in violation of the Constitu- Secretary Wilbur L. Ross Jr. broke point-discriminatory applications.” tion cannot be used at trial. federal rules when he ordered the citi- Justice Samuel Alito was even The Supreme Court remanded the zenship question added to the Census. blunter in his concurring opinion: case back to the appellate court. [See JIFP, Spring 2019, page 58.] “Viewpoint discrimination is poison On June 11, 2019, the US Court The Census Bureau itself had esti- to a free society.” of Appeals for the Sixth Circuit ruled mated that at least 630,000 house- The court also relied on the prin- that at the time FBI agents obtained holds would refuse to fill out the 2020 ciple that when a law sweeps more the cell phone evidence, the Supreme questionnaire if such a question were broadly than is needed to accom- Court had not yet ruled, so the agents included. This would result in an plish its purpose, and prohibits speech believed the search warrant they undercount of the population in states that ought to be protected, the law is issued to the phone company was with a high percentage of immigrants, overbroad. legal. Under the “good faith” excep- and thus reduce those states’ repre- As Justice Kagan explained: “There tion to Fourth Amendment, the evi- sentation in Congress and the Elec- are a great many immoral and scan- dence did not need to be suppressed. toral College, and reduce funding for dalous ideas in the world (even more Thus, the trial court’s decision stands, federal programs in those states, for than there are swearwords) and the and Carpenter remains sentenced to

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116 years in prison, even though he after a film led to complaints, which 12, 2018; supremecourt.gov/opinions, won in the Supreme Court. the producers argued was a viola- June 17, 2019; The Verge, June 17. The American Civil Liberty tion of their First Amendment speech Union’s Nathan Wessler, who argued rights. The case turned on whether The Supreme Court’s ruling on May and won the Carpenter case before the the nonprofit was a “state actor” run- 28, 2019 in Nieves v. Bartlett gives Supreme Court, said the develop- ning a platform governed by First law enforcement officers significant ment of the law may suffer in the long Amendment constraints. protection from people who want to term, as lower courts excuse viola- In a split 5–4 ruling decision writ- sue and claim they were arrested in tions while refusing to expand privacy ten by Justice Brett Kavanaugh, the retaliation for something they said or rights. conservative wing of the court ruled wrote. The justices said that because “When courts dodge the Fourth that the First Amendment constraints the officers had probable cause to Amendment question and rule just on didn’t apply to the nonprofit, which arrest Alaska resident Russell Bartlett, ‘good faith,’ it leaves the public and they considered a private entity. Pro- his lawsuit fails. police without clear guidance about viding a forum for speech wasn’t Bartlett was arrested in 2014 at what the Fourth Amendment means enough to become a government Arctic Man, an annual, weeklong and how it should apply to novel but actor, the justices ruled. winter sports festival that Chief Jus- important digital-age intrusions,” The liberal justices on the court tice John Roberts described as “an Wessler wrote in an email. dissented. As Justice Sonia Soto- event known for both extreme sports Orin Kerr, a Fourth Amend- mayor wrote, the nonprofit “stepped and extreme alcohol consumption.” ment expert who has unsuccessfully into the City’s shoes and thus quali- Bartlett was arrested for disorderly challenged the good-faith exception fies as a state actor, subject to the First conduct and resisting arrest after before the Supreme Court, reasoned Amendment like any other.” exchanging words with two troop- that the Supreme Court justices may None of the justices’ opinions in ers investigating underage drinking feel more comfortable ruling for the case mention the internet nor during the event. Officers said they expanded civil liberties, so long as social media, but potential implica- arrested Bartlett because he initiated they don’t also have to let the bad guy tions were seen before the Supreme a physical confrontation by stand- go free. Still, the current system is Court heard the case. The Elec- ing close to one of the troopers and far from just. “Supreme Court cases tronic Frontier Foundation, which speaking in a loud voice. should mean something,” Kerr said submitted an amicus brief, wrote: The charges against Bartlett were in an email. “The Supreme Court is “A broadly written opinion, adopt- ultimately dismissed, but Bartlett supposed to decide a person’s case, not ing a low threshold for governmen- sued, claiming his arrest was retali- just settle the rules for everyone else.” tal involvement, could threaten the ation for comments he made to the Reported in: supremecourt.gov First Amendment rights of platform officers. /opinions, June 22, 2018; opn.ca6 operators to curate content, and could The court rejected Bartlett’s argu- .uscourts.gov/opinions, June 11, 2019; give the government power to dictate ment, and stated, “The presence of New York Times, June 13, 2019. content moderation rules and control probable cause should generally defeat what platforms can and can’t publish.” a First Amendment retaliatory arrest In a cable TV case that may have Likewise, the Internet Association, claim.” Roberts wrote that if Bartlett’s implications for social media, the a trade group, said in 2018 that such a arguments were to prevail, “policing Supreme Court on June 17, 2019 ruled decision could mean the internet “will certain events like an unruly protest in Manhattan Community Access become less attractive, less safe and would pose overwhelming litigation Corp. v. Halleck that a nonprofit less welcoming to the average user.” risks. . . . Any inartful turn of phrase entity running public access channels The decision to limit the scope of or perceived slight during a legitimate isn’t bound by the First Amendment as the First Amendment in this cable TV arrest could land an officer in years of government-run channels would be. case seems to limit the chances that litigation.” The case centered around a Man- private companies will be punished Yet Roberts’ opinion added that hattan-based nonprofit tasked by for attempts to monitor content on having the legal right having to make New York City with operating public the social media platforms they oper- an arrest (i.e., “probable cause”) will access channels in the area. The orga- ate. Reported in: eff.org, December not protect police from all lawsuits. nization disciplined two producers In a situation where officers generally

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would not arrest someone despite status as transgender or (2) sex stereo- book-burning protest on social media. having probable cause, the arrested typing under Price Waterhouse v. Hop- According to his motion, “the gov- person should be able to sue. Oth- kins.” In Price Waterhouse, the Supreme ernment’s action in thus singling him erwise, as stated in a prior Supreme Court was divided in 1989, but had out was based on an impermissible Court case known as Lozman that suggested that an employer’s reliance motive such as race, religion or the Roberts quoted, there is “a risk that on sex stereotypes could be evidence exercise of his constitutional rights.” some police officers may exploit the of impermissible sex discrimination Sioux County District Court Mag- arrest power as a means of suppressing under Title VII. istrate Lisa Mazurek on July 8 ruled speech.” These cases are expected to be against Dorr’s motion to dismiss. The justices gave the example of heard during the Supreme Court’s “His actions involved the intentional a person who has been complaining October 2019 term. Reported in: destruction of the library materials about police conduct who is arrested Education Week, April 22, 2019. that he had checked out,” Mazurek for jaywalking, which rarely results said. “There is no evidence to indicate in an arrest. The justices said in a case LIBRARIES that any other library patrons who like that, if the person can prove that Orange City, Iowa failed to return their library materials he was arrested when other jaywalkers Paul Robert Dorr burned four chil- intended to destroy those materials or had not been, he could move forward dren’s books with LGBTQ (lesbian, even whether they did destroy them.” with a retaliatory arrest lawsuit. gay, bisexual, transgender, queer) She said he failed to prove that the One of Bartlett’s attorneys, Kerri themes that he checked out from the message he was sending in his protest Barsh, said she was disappointed Orange City Public Library on was the reason he was charged with a with the outcome for her client. Yet October 19, 2018 [see JIFP, Fall- crime. The message being sent to him, she said she was pleased the court Winter 2018, page 18], but says the she added, is “that he cannot burn acknowledged there was at least a nar- First Amendment is on his side in books that do not belong to him.” row category of cases where the fact the criminal case against him, Iowa A jury trial in the case has been that probable cause exists doesn’t close v. Dorr, in Iowa District Court of scheduled for August 6, 2019. the door to lawsuits. “The facts mean Sioux County. Reported in: KIWA Radio, June 10, a lot in these cases,” she said. He pled not guilty to one count 2019; N’West Iowa Review/nwestiowa. Bartlett had been supported by of fifth-degree criminal mischief—a com, June 16, July 9; Associated Press, numerous First Amendment and simple misdemeanor—for publicly July 10. media organizations, including burning the library books: Two Boys the Associated Press. Reported in: Kissing by David Levithan, This Day SCHOOLS supremecourt.gov/opinion, May 28, in June (about a Gay Pride parade) by Hartford, Connecticut 2019; Associated Press, May 28. Gayle E. Pitman, Morris Micklewhite A family is suing a private col- and the Tangerine Dress by Christine lege preparatory school, claiming it The US Supreme Court on April 22, Baldacchino, and Families, Fami- expelled a high school sophomore 2019 granted review in two con- lies, Families (a picture book showing because of his “politically incorrect solidated cases, Bostock v. Clayton many kinds of nontraditional families) views.” In Mancini V. Cheshire Acad- County, Ga., and Altitude Express by Suzanne Lang. He said the books emy, filed in State of Connecticut Inc. v. Zarda, that raise the question promote “the trans-gender agenda” Superior Court on April 15, 2019, of whether the prohibition against and violate Christian teachings. the family of Michael Mancini alleges sex discrimination in Title VII of the Representing himself in the crim- in the complaint that the Cheshire Civil Rights Act of 1964 encompasses inal case, he filed a motion calling for Academy suspended Michael for five sexual orientation. the charges to be dropped on the basis days and then expelled him from the The court also granted review in of “selective prosecution” in violation school after his father launched a web- R.G & G.R. Harris Funeral Homes of his First Amendment and equal site detailing the issue. v. Equal Employment Opportunity protection rights. He claimed that The complaint says several inci- Commission, which the justices said other patrons who lost or destroyed dents led to Michael’s suspension, raises this question: “Whether Title library books have not been prose- including a discussion in English VII prohibits discrimination against cuted, but prosecutors “threw the class of William Shakespeare’s Twelfth transgender people based on (1) their book at him” because he posted his Night, in which the character Viola

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cross-dresses as a male. Michael dis- family signed an online petition call- In practice, according to Eugene agreed with some classmates who ing for Braaten to be reassigned. Volokh in “The Volokh Conspiracy” claimed Shakespeare was portraying On October 1, 2018, K.B. designed blog, such cases often settle after the transgender individuals in a positive stickers with Braaten’s professional motion to dismiss is denied. Reported light, saying that during the time the headshot photograph and the words in: reason.com, May 1, 2019. play was written (1601-1602) society “Fire Braaten” overlaid on a wav- would never partake in that activity. ing United States flag “to express Somerville, New Jersey The complaint says Michael was his political views on the contro- Unhappy with a compromise that then verbally attacked by two of his versy regarding the principal.” Court moved the graphic novel Fun Home: classmates and asked by the teacher to records indicate that K.B. placed a A Family Tragicomic by Alison Bechdel explain himself afterward. sticker on his phone case and openly from required reading to an optional Cheshire Academy, which was displayed it at school. K.B. printed choice on a list of what students may founded in 1794, is the state’s oldest “no more than thirty-six” stickers read for class in the twelfth-grade cur- boarding school. and handed some to other students riculum at Wachtung Hills Regional The Mancini family is seeking an who requested them. K.B. was not High School in Warren Township [see injunction to have Michael reinstated aware of any stickers placed on school JIFP, Fall-Winter 2018, page 25], some at the school as well as unspecified property and did not see his stickers residents of the township are suing to monetary damages. displayed on anything other than stu- have the book completely removed. School officials told the Cheshire dents’ own personal property. On May 3, 2019, they filed Gallic, et Academy community in a letter School authorities concluded “that al. v. Watchung Hill Regional High signed by school head Julie Ander- K.B. had violated the code of conduct School Board of Education, in Som- son that a student had been expelled rules regarding ‘disrespectfulness’ and erset County Superior Court, following “a fair process,” the New ‘creating a disturbance.’” They sus- asking for immediate removal of the Haven Register reported. “Contrary to pended him for a week, later reduced book, and “to enjoin the defendants what you may have read, our deci- to a one-day in-school suspension. from facilitating, distributing or in sion was not based on an opposition to The school argued that, as a matter any way permitting Fun Home from political dialogue. We will take steps of law, “schools may discipline stu- appearing or being any part of the to defend the good name and reputa- dents for insubordination and open curriculum at Watchung Hills.” tion of CA, and will continue to work displays of disrespect or contempt for The judge, Margaret Goodzeit, with legal counsel through this unfor- school employees.” denied immediate relief. She said, tunate episode.” But the court rejected this argu- “If the Plaintiffs were so concerned The letter didn’t reveal the stu- ment, concluding that (1) this legal about the contents of Fun Home, this dent’s name. Reported in: Epoch reasoning applies only to vulgar application could have been brought Times, April 22, 2019. speech, and not to all expression of months—if not a year—sooner.” “disrespect or contempt for school The suit says the Plaintiffs “fear Atlanta, Georgia employees,” and (2) the First Amend- if the defendants are not enjoined The First Amendment protects high ment applies in schools, unless there minors will suffer irreparable harm school students who exercise their free is a real showing of likely substan- and that New Jersey statutes will be speech rights to call for their principal tial disruption—such disruption can’t violated.” to be fired, the US District Court categorically be assumed just because Fun Home chronicles the author’s for the Northern District of speech calls for a principal to be fired. childhood in a family that ran a Georgia, Atlanta Division, ruled The court concluded that the funeral home, and addresses themes in K.B. v. DeKalb County School school violated K.B.’s First Amend- of sexual orientation, gender roles, District on May 1, 2019. ment rights, unless the school could suicide, emotional abuse, dysfunc- K.B., a student at Chamblee Char- show that the speech was indeed likely tional family life, and the role of liter- ter High School in DeKalb County, to substantially disrupt school activi- ature in understanding self and fam- became concerned about the per- ties. The case can go forward, to see ily. The book has won awards, but it formance of controversial princi- if the factfinder decides whether the also has frequently been challenged in pal Rebecca Braaten, and he and his substantial disruption standard is met. schools and libraries.

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One of the defendants, Watchung the release of the video, as well as Court for the Northern District Hills Regional High School Board of any agreements between Mnuchin’s of Georgia on May 25, 2018, dis- Education President Peter Fallon, said office and UCLA about the secretary’s missed the case as moot. the plaintiffs call the book “obscene,” appearance. On June 25, 2019, the ADF argued but ignore that material must arouse “UCLA can’t be allowed to defeat before the 11th US Circuit Court “prurient interest” to be covered by public records law by unilaterally of Appeals that the district court the obscenity law. “If the plaintiffs putting off its response deadline for- didn’t settle the constitutional rights were seriously seeking relief in this ever,” said Adam Steinbaugh, director aspect of the case. ADF Legal Coun- lawsuit, rather than just publicity for of FIRE’s Individual Rights Defense sel Travis Barham said in a statement, their opposition to the book, they Program, who submitted the request “The district court clarified what would have addressed both elements” on FIRE’s behalf. “This is a serious Georgia Gwinnett College refused of the law, Fallon said. abuse of the public trust. UCLA—and to make clear: that its students have Fallon’s statement indicates that public colleges across the country— the right to speak in any outdoor none of the plaintiffs are students nor must recognize that following the law area of campus. That’s good news,” parents of students at the high school, isn’t a choice.” but Barham said the court “ignored although one was a senior there last The California Public Records Act how GGC officials repeatedly cen- year. Reported in: Tap into Warren, (CPRA) requires that public institu- sored Chike, and these officials should May 9, 2019. tions such as universities make copies not get off scot-free for creating and of public records “promptly available.” enforcing policies that trampled stu- COLLEGES AND FIRE’s lawsuit alleges the univer- dents’ constitutionally protected UNIVERSITIES sity failed to properly respond to its freedoms.” Los Angeles, California request, obstructed the production The initial case drew some national The Foundation for Individual Rights of the records, and failed to pro- attention after US Attorney General in Education (FIRE) sued the Uni- vide an estimated date of availabil- Jeff Sessions filed a brief in support versity of California, Los Angeles ity, all of which violate the CPRA’s of Uzuegbunam and another student, (UCLA) for failing to release a video requirements. Joseph Bradford, who also wanted to and documents surrounding a campus FIRE Director of Litigation preach on campus and had joined the speaking appearance by US Secre- Marieke Tuthill Beck-Coon said, “A case as a plaintiff. Bradford is still a tary of the Treasury Steven Mnuchin university whose motto is ‘let there student at the college while Uzuegbu- on February 26, 2018. In FIRE v. be light’ shouldn’t keep the public in nam has graduated. University of California filed in the the dark.” Reported in: thefire.org, After the district court dismissed Superior Court of the State of March 28, 2019. the lawsuit, the ADF’s Barham said, California, Los Angeles County, “We believe the college has to make on March 27, 2019, FIRE stated that Atlanta, Georgia amends for the unconstitutional in the 391 days since FIRE’s initial Georgia Gwinnett College in Law- enforcement of its policies against request for records, the public uni- renceville blocked a student, Chike our clients.” Reported in: Atlanta versity “unilaterally granted itself Uzuegbunam, from speaking about Journal-Constitution, May 14, 2019; five extensions, obstructing FIRE his Christian faith during the 2016-17 Gwinnett Daily Post, June 25; Alliance and the public’s reasonable access to school year, and the case is continuing Defending Freedom, July 1. information.” even after the school scrapped its “free During Mnuchin’s appearance, sev- speech zone” policy. Attorneys from Boston, Massachusetts eral protesters were escorted from the Alliance Defending Freedom (ADF) A group of Jewish students failed to facility, and there were five arrests. described the college’s two “free block a panel discussion about Pal- Two days later, the Wall Street Jour- speech zones” as “tiny” in a lawsuit estinian rights at the University of nal reported that Mnuchin “retracted filed in December 2107, Uzuegbunam Massachusetts-Amherst, when Judge his permission” for UCLA to release a v. Preczewski. After the filing, the Robert Ullmann of the Suffolk video of his speaking appearance. school changed its policy. With stu- County Superior Court in Boston FIRE issued a public records dents now allowed to speak publicly on May 2, 2019, denied their request request to UCLA on March 2, 2018, in any outdoor area on campus, Judge for an injunction, two days prior to seeking any communications about Eleanor L. Ross of the US District the event. Entitled “Not Backing

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Down: Israel, Free Speech, and the FREEDOM OF THE PRESS an unsigned ruling, which dismissed Battle for Palestinian Human Rights,” Baltimore, Maryland the First Amendment issues in a the discussion included some speak- A group of former military and intel- footnote. ers known for encouraging a boy- ligence officials are challenging a The legality of the censorship sys- cott of Israel for its policies toward system of prior review that the gov- tem is “unsettled” in part because Palestinians. ernment uses to censor millions of “the practice of prior restraint by the Filing as “John Doe 1,” “John ex-government employees who want government has grown enormously” Doe 2,” and “John Doe 3,” the Jew- to write articles and books after they since that case was decided, said Jack ish students argued that the panel leave public service. Their lawsuit, Goldsmith, a Harvard Law School was anti-Semitic and posed a threat Edgar et al. v. Coats et al., filed on professor and former Bush administra- to Jews on campus. Karen Hurvitz, April 2, 2019, in US District Court, tion Justice Department official who the attorney representing the stu- Maryland District, appears to be has co-written several articles critical dents, called the event a “hate fest” the first to challenge the entire pre- of the process. that would incite hostility toward publication review system, rather than The plaintiffs asked a judge to rule supporters of Israel. Hosting the the handling of any particular man- that agencies cannot enforce any obli- anti-Israel panel on campus would uscript, according to legal specialists gation for individuals to submit their violate “numerous policies concern- consulted by the New York Times. future writings to review boards. ing non-discrimination, intoler- Originally imposed on a handful of They took no position on whether the ance and inclusion,” that existed at Central Intelligence Agency officials solution is to fix the system or make it UMass-Amherst to protect students, in the 1950s, the policy now requires voluntary—which would leave former she argued. nearly anyone granted a security intelligence and military officials and UMass argued that an injunction clearance to submit their writing to contractors free to publish without would amount to a prior restraint on prior review for the rest of their lives. prior review if they assume the risk of free speech. The system’s ambiguous policies being prosecuted if they divulge any Jewish Voice for Peace West- and vague standards puts too much dangerous secrets. ern Mass, one of the sponsors of the discretionary power in the hands of The plaintiffs include Timothy event, contended that the plaintiffs’ reviewing officials, the lawsuit said. H. Edgar and Richard H. Immer- definition of anti-Semitism is not “This far-reaching censorship man, former employees of the Office agreed upon, even within the Jewish system simply can’t be squared with of the Director of National Intelli- community. the Constitution,” said Jameel Jaffer, gence; Melvin A. Goodman, a former One purpose of the panel was to executive director of the Knight First CIA employee; Anuradha Bhagwati, argue that pro-Israel groups have tried Amendment Institute at Columbia a former Marine; and Mark Fallon, a to silence Palestinian points of view. University, which is jointly repre- former counterterrorism agent at the Judge Ullman said he couldn’t senting the plaintiffs with the Ameri- Naval Criminal Investigative Service. take action against the forum just can Civil Liberties Union. He added: Reported in: New York Times, April because someone may say something “The government has a legitimate 2, 2019. “that fits someone’s definition of interest in protecting bona fide anti-Semitism.” national-security secrets, but this sys- New York, New York Rachel Weber, a lawyer for Jewish tem sweeps too broadly, fails to limit The New York Times and the Federal Voice for Peace, said, “We’re glad that the discretion of government censors Communications Commission (FCC) the judge was so clear that the plain- and suppresses political speech that is are arguing in US District Court tiffs (A) hadn’t shown any evidence of vital to informing public debate.” for the Southern District of New any perceived harm that might hap- The system relies mainly on a 1980 York over whether the Freedom of pen, and (B) that this would have been Supreme Court ruling, Snepp v. United Information Act requires the agency a violation of the First Amendment.” States, which permitted the CIA to to disclose information about people Reported in: Jewish News Syndicate, seize the proceeds from a former offi- who filed comments about net neu- April 26, 2019; Associated Press, May cer who published a book without trality. In New York Times Company 2; Daily Hampshire Gazette, May 2. submitting it to the agency for review. et al. v. FCC, the newspaper asked The court did not hear arguments or for data such as users’ IP addresses take briefs in that case before issuing and time stamps of their comments,

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to investigating potential Russian Assange is a spy or a journalist. In the 23, 2019; Freedom Forum Institute, meddling in the 2017 net neutrality case of United States v. Assange in the June 13. proceeding. US District Court for the Eastern In early May 2019, the agency District of Virginia, Alexandria FREE SPEECH countered that such information Division, an 18-count superseding Los Angeles, California, would compromise commenters’ indictment alleges that Assange was and Charlottesville, privacy. complicit with Chelsea Manning, a Virginia In April 2017, FCC Chairman Ajit former intelligence analyst in the US Judges in California and Virginia Pai proposed revoking Obama-era net Army, in unlawfully obtaining and came to different conclusions about neutrality rules that kept broadband disclosing classified documents related whether white supremacist rallies that providers from blocking or throttling to the national defense. lead to violence are protected by the traffic and from charging higher fees The US Justice Department First Amendment. for fast-lane service. Ajit’s proposal described this as “one of the larg- Judge Cormac J. Carney of the drew a record-breaking 22 million est compromises of classified infor- US District Court for the Cen- comments, but many were submitted mation in the history of the United tral District of California on June under fake names or by Russian bots. States.” The Justice Department news 3, 2019 dismissed the federal charges The precise number of fake comments release includes the disclaimer that against three alleged members of a is unclear, but around 450,000 came Assange is presumed innocent until violent white supremacist group. In from Russian email addresses, accord- and unless proven guilty in court, but USA v. Rundo et al., some alleged ing to the Times. the federal charges could have impli- members of the Rise Above Move- The Times argued in court papers cations for freedom of the press. ment (RAM) had been accused of that any risk to consumers’ privacy is The Freedom Forum Institute said inciting violence at California polit- small, since most web users have dif- the charges against Assange “implicate ical rallies, but Judge Carney found ferent IP addresses now than in 2017. the work of journalists, which often their actions amounted to constitu- The newspaper also argued IP logs involves talking with sources and at tionally protected free speech. will reveal clues about the geographic times possessing and publishing secret Prosecutors said members con- locations of commenters—including documents.” spired to riot by using the internet whether they came from Russia. Of special concern, according to coordinate hand-to-hand combat But the FCC counters that not all to the institute, is “the government training, traveling to protests, and commenters necessarily have differ- defining who is and who is not a attacking demonstrators at gather- ent IP addresses now than in 2017. journalist. This was the very activ- ings in Huntington Beach, Berkeley, The agency adds IP addresses can be ity that the nation’s founders—who and San Bernardino. The group also combined with other data in ways that had first-hand experience with the posted videos to celebrate violence pose a risk to people. abuses inherent in a system where the and recruit members. “Anyone who can link an indi- crown licensed printers and publish- Despite the group’s “hateful and vidual commenter’s name and postal ers—ruled out in 1791 by creating toxic ideology,” the criminal statute address with his or her IP address and unequivocal First Amendment protec- against protests went too far in regu- User-Agent header can commercially tion for a free press.” lating free speech, the judge ruled. He exploit the user’s personal information The institute warned, “The said the Anti-Riot Act of 1968—most for financial gain, commit identity Assange indictment, if it stands, could famously used to prosecute the “Chi- theft, or otherwise harm the user,” the dramatically change the delicate bal- cago Eight,” including Abbie Hoff- agency writes. Reported in: dockets. ancing act that has existed until now, man, Bobby Seale, and Tom Hayden, justia.com, October 20, 2018; media- in which the government sought for conspiring to incite a riot at the post.com, May 6, 2019. to protect its secrets by prosecuting 1968 Democratic National Conven- leakers, but did not go after report- tion—was unconstitutional in part Alexandria, Virginia ers and news outlets that produced because it criminalized advocating A federal grand jury’s indictment on news reports based on leaked mate- violence when no riot or crime was May 23, 2019, raises questions about rials.” Reported in: justice.gov, May imminent. He said prosecutors cited whether WikiLeaks founder Julian P. social media posts the men made

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months before and months after the nationalists led a torch-lit march at (Colorado) Road and Bridge Depart- rallies. the University of Virginia and at the ment. He suffered a demotion after The judge threw out the charges “Unite the Right” rally in Charlot- he testified in a court proceeding and ordered the release of alleged tesville in August 2017. They pleaded involving his sister-in-law and her RAM leader Robert Rundo and guilty to those charges on May 3, ex-husband, who also works for the suspected member Robert Boman. 2019 in United States v. Daley et al. San Miguel County Road and Bridge Charges against Aaron Eason, who in the US District Court for the Department. Two of Butler’s work was free on bond, were also dropped. Western District of Virginia in superiors investigated his court testi- Defense attorney John McNicholas, Charlottesville. However, for the mony and gave him a written repri- who represented Eason, said his cli- charges based on the Anti-Riot Act, mand and demotion. ent was never a member of RAM and they plan to appeal on the grounds Butler then sued the two county committed no crime. He said the men that the statute is unconstitutional directors who demoted him, alleg- thought they were doing good, going because it is overbroad, vague, and ing he was retaliated against for his to conservative rallies to counter the infringes on protected First Amend- First Amendment-protected speech. anti-fascists known as Antifa who ment activities, said Lisa Lorish, assis- A federal district court dismissed his were “committing acts of violence to tant federal public defender in Char- lawsuit, reasoning that his court tes- suppress speech they disagreed with.” lottesville. She expects the appeals timony did not address a matter of He criticized prosecutors for not pur- court will agree with Judge Carney’s public concern—defined generally as suing charges against Antifa members. reasoning. speech that relates to any matter of The Los Angeles decision alarmed There are plausible arguments in political, social, or other concern to groups that track white supremacist support of both decisions—with Judge the community. activity. They fear the court deci- Carney taking a broad interpreta- Butler appealed the decision, sion could empower RAM, which is tion of the law, and Judge Moon in arguing that the district court failed known for espousing anti-Semitic and Virginia taking a narrow one, said to faithfully apply the US Supreme other racist views. Eugene Volokh, a law professor at the Court’s 2014 Lane v. Franks decision. Brian Levin, director of the Center University of California, Los Angeles. In that decision, the court held that for the Study of Hate and Extrem- Reported in: courtlistener.com, May Alabama college officials violated the ism at California State University, San 3, 2019; Associated Press, June 5. First Amendment rights of a public Bernardino, said if members discussed employee who testified about finan- a criminal plan and took steps to carry Denver, Colorado cial malfeasance of a former college it out, their speech was not protected. The US Court of Appeals for employee. “The Supreme Court has basically Tenth Circuit in Denver rejected However, in a split decision by held that hateful speech is protected; the First Amendment claim of a pub- a three-judge panel, the 10th Cir- however, violence and conspiracies lic employee who was demoted after cuit majority distinguished Butler’s are not,” Levin said. “That’s where I giving sworn testimony in a judicial case from Lane, reasoning that Butler think the judge may have gotten this proceeding involving a domestic child merely served as a character witness one wrong.” custody dispute between his sister-in- for his sister-in-law, speech that deals Prosecutors were disappointed with law and a fellow public employee. The with a “purely personal dispute.” But- the ruling, and are reviewing grounds decision in Butler v. Board of County ler argued that his speech certainly for appeal, spokesman Ciaran McEvoy Commissioners for San Miguel County touched on a matter of public concern said. on March 29, 2019 gives “inadequate because the state of Colorado has a In a similar case in Virginia that protection to public employees who strong interest in the welfare of chil- involved alleged RAM members from testify in court,” according to the dren and the fair resolution of child California who participated in vio- Freedom Forum Institute. The deci- custody matters. The 10th Circuit lent white nationalist rallies in both sion also creates a split between dif- rejected that argument, writing that states, Judge Norman Moon reached ferent appellate circuits, and the split “there is no indication that this tes- a conclusion opposite of Judge Car- may require ultimate review by the timony was of interest or concern to ney’s. Four defendants from Cali- US Supreme Court. the community at large.” fornia admitted punching and kick- Jerud Butler works as a super- The majority concluded that “But- ing counter-protesters as white visor for the San Miguel County ler’s specific testimony as a character

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witness for his sister-in-law during a District of South Dakota, West- break the law, the law also “incen- child custody hearing was not a mat- ern Division in Rapid City. In tivizes” South Dakota to sue protest- ter of public concern.” Dakota Rural Action, et al. v. Noem ers and those who back them in order Judge Carlos F. Lucero dissented. et al. the ACLU is challenging Sen- to compensate for security costs, the “It is difficult for me to accept the ate Bill 189, which Governor Kristi complaint says. proposition that society’s concern in Noem signed into law on March 27. The lawsuit also challenges South the custody of a child can be as per- The law establishes a legal avenue Dakota Codified Laws 22-10-6 and sonal as the majority pronounces,” he and funding source for the state to 22-10-6.1, which make it illegal to wrote. “To be sure, participants in the pursue out-of-state sources that “riot encourage or solicit violence during a proceeding may have personal con- boost,” or, according to Noem, fund riot whether one is participating in it cerns regarding the custody of a child, violent protests that aim to shut down or not. but the overarching public interest in pipeline construction. Those found These laws are not “narrowly tai- the well-being of children cannot be guilty of breaking the law can be sent lored to achieve the government so easily ignored.” to prison for up to twenty-five years. interest of preventing violence,” the Judge Lucero pointed out that the “No one should have to fear the complaint says. They’re also redun- Supreme Court in Lane emphasized government coming after them for dant since South Dakota already bans the importance of “sworn testimony exercising their First Amendment riots, solicitation, unlawful assembly, in a judicial proceeding. . . . Integ- rights,” Courtney Bowie, ACLU-SD disorderly conduct, blocking traffic, rity of our judicial process depends on legal director, said in a news release. and ignoring law enforcement orders witness’ willingness to provide truth- “That is exactly what the constitu- during riots. ful testimony,” he wrote. tion protects against, and why we’re The ACLU says the three laws vio- Writing for the Freedom Forum taking these laws to court. Whatever late the First and Fourteenth amend- Institute, David L. Hudson Jr., a one’s views on the pipeline, the laws ments by discouraging free speech member of the Belmont University threaten the First Amendment rights and being unclear about what exact law school faculty, called the majori- of South Dakotans on every side of actions are considered boosting or ty’s decision “misguided.” He wrote, the issue.” encouraging a riot. “Judge Lucero has the better view. Governor Noem’s office said that The plaintiffs are the Sierra Club; Sworn testimony in a judicial pro- it is confident the legislation does not the Indigenous Environmental Net- ceeding should be presumed to be violate the First Amendment. The work (IEN) Dakota Rural Action, a speech on a matter of public con- governor and her team stand behind South Dakota group that organizes on cern. Furthermore, it is simply grossly her pipeline legislation, which does behalf of family ranchers and farm- unfair and an abuse of power to not place restrictions on peaceful pro- ers; and NDN Collective, a nation- demote a public employee because he test or peaceful assembly, a Noem wide indigenous group that challenges gives testimony in a court case.” spokeswoman said in an email. “Gov- resource extraction. Dallas Gold- Hudson also said the decision is ernor Noem remains committed to tooth, who heads IEN’s Keep It In the in conflict with other decisions in upholding these laws as a means to Ground campaign against fossil fuels, other circuits. “Hopefully,” he wrote, protect our people, our counties, our and Nick Tilsen, a Rapid City resi- “this unjust decision will be reviewed environment, and our state.” dent who founded NDN Collective, either by the 10th Circuit en banc or In its complaint, the ACLU cites are also named as plaintiffs. the US Supreme Court.” Reported in: quotes by Noem and her allies that say The ACLU is suing Noem, Attor- Freedom Forum Institute, April 23, 2019. the bill isn’t just aimed at violent pro- ney General Jason Ravnsborg, and testers and rioting but also people and Pennington County Sheriff Kevin Rapid City, South Dakota activity that disrupts or delays con- Thom. The lawsuit named Thom To protect the rights of potential pro- struction of the pipeline. “Preventing because the ACLU suspects protests testers who want to block the Key- anti-pipeline protests that seek to end will take place near Rapid City, Janna stone XL oil pipeline, the Ameri- or slow the construction of the pipe- Farley, ACLU spokeswoman, said in can Civil Liberties Union (ACLU) line is not a valid government inter- an email. Reported in: Rapid City of South Dakota filed a federal First est,” the complaint says. Journal, March 28, 2019; courthouse- Amendment lawsuit on March 28, Because SB 189 creates a “riot news.com, March 28. 2019, in US District Court for the boosting fund” paid by those who

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Austin, Texas star in our constitutional constellation, The Intercept added, “Such laws are Texas cannot ban contractors from it is that no official, high or petty, can indisputably designed to outlaw and boycotting Israel, according to a pre- prescribe what shall be orthodox in punish political activism that lies at liminary injunction issued on April politics, nationalism, religion, or other the heart of the First Amendment’s 25, 2019 by the US District Court matters of opinion or force citizens free speech guarantee. . . . These three for the Western District of Texas, to confess by word or act their faith rulings from federal courts in Kansas, Austin Division in Amawi v. therein.” Arizona, and now Texas technically Pflugerville ISD. The court ruled that Judge Pitman emphasized that apply only to the specific districts in the law plainly violates the free speech the law was not merely “government which these courts sit. But they give guarantee of the First Amendment. speech” in defense of Israel, but rather clear judicial momentum to an ulti- “Following similar decisions by a classic embodiment of what the First mate finding that these still-prolif- federal courts in Kansas and Arizona, Amendment was designed to prevent: erating laws are direct infringements the ruling becomes the third judi- punishment imposed on those who of the core rights guaranteed by the cial finding—out of three who have disagree with the majority’s political US Constitution.” Reported in: The evaluated the constitutionality of opinions on contested political topics. Intercept, April 26, 2019. such laws—to conclude that they are The attack on free speech, his ruling unconstitutional attacks on the free said, was manifest from the text of the SOCIAL MEDIA speech rights of Americans,” accord- law itself. New Orleans, Louisiana ing to The Intercept. Such cases arise Much of the court’s reasoning The Fifth Circuit Court of out of the Boycott, Divestment and relied upon the 1982 US Supreme Appeals in New Orleans ruled Sanctions [BDS] movement that seeks Court decision in NAACP v. Clai- in mid-April 2019 that the official to pressure the government of Israel to borne Hardware Co., which rejected Facebook page of the Hunt County modify its policies regarding Palestin- attempts by the state of Mississippi Sheriff’s Office (HCSO) was a pub- ians, and efforts by supporters of Israel to hold state NAACP leaders liable lic forum; that the office’s posting to weaken the BDS movement and for losses suffered by stores during rules were based on the viewpoint discredit it as anti-Semitic. NAACP boycotts. Judge Pitman sum- of the poster, in violation of the First The plaintiff is Bahia Amawi. Her marized Claiborne: “The desire to not Amendment; and that the rules con- contract to work as an elementary purchase certain products is distinctly stituted official county policy. The school speech pathologist in Austin, protected in the context of a political ruling in Robinson v. Hunt County, Texas, was not renewed, due to her boycott,” and nobody can be punished Texas reverses a lower court’s denial refusal to sign an oath certifying that for the “consequences” of protected of a preliminary injunction and she does not participate in any boy- First Amendment activities, including remands the case for further proceed- cotts of Israel. The oath was required theories that their speech “inspired” ings. (Thus, the case is not yet settled, under a new law enacted with almost or “incited” others to take action. In although the appeals court ruling no dissent by the Texas State Legis- sum, said the court, “plaintiffs’ BDS answers many of the legal questions.) lature in May 2017. When Governor boycotts are speech protected by the The Facebook page declared, Greg Abbott signed the bill into law, First Amendment.” “We welcome your input and POSI- he proclaimed: “Any anti-Israel policy According to The Intercept, “What TIVE comments regarding the Hunt is an anti-Texas policy.” makes this ruling particularly import- County Sheriff’s Office.” It also The governor’s attitude, along with ant, aside from the fact that it comes stated, “We encourage you to submit the virtually unanimous pro-Israel from one of the largest states in the comments, but please note that this is sentiment in the Texas State Legisla- country, is that it completely rejected NOT a public forum.” ture, was cited by US District Court the most common (and most toxic) On January 18, 2017, the HCSO Judge Robert Pitman as evidence justification for these laws: that it Facebook account posted this of why the pro-Israel oath violates is not designed to suppress speech message: the free speech guarantees of the US or activism against Israel but rather Constitution’s First Amendment. He to combat discrimination (namely, We find it suspicious that the day quoted a 1943 US Supreme Court anti-Semitism or discrimination after a North Texas Police Office is decision, West Virginia State Board of against Israelis).” murdered we have received several Ed v. Barnette: “If there is any fixed anti-police calls in the office as well

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as people trying to degrade or insult in a black student’s fatal stabbing on College Park campus when he was police officers on this page. ANY the University of Maryland’s cam- stabbed to death at a bus stop. post filled with foul language, hate pus, a judge in the Circuit Court for Judge Hill also refused to throw speech of all types and comments that Prince George’s County, Mary- out the hate crime charge. The judge are considered inappropriate will be land ruled on June 5. rejected defense lawyers’ argument removed and the user banned. There In the criminal case against Sean that the racist material extracted from are a lot of families on this page and Urbanski, defense attorneys argued Urbanski’s cellphone and the deleted it is for everyone and therefore we jurors should not see evidence that Facebook page are protected speech monitor it extremely closely. Thank the twenty-four-year-old liked a under the First Amendment. you for your understanding. Facebook page called “Alt-Reich: “Every person has a right of free- Nation,” and had at least six photo- dom of speech,” Hill said. “The Deanna J. Robinson and others graphs of racist memes on his phone. defendant is not here for a violation of posted on the page criticizing the pol- Urbanski’s lawyers argued the mate- freedom of speech.” icy as a violation of the First Amend- rial is inflammatory, irrelevant, and Wired.com said cases such as this ment. Robinson’s post was removed, inadmissible, with no connection are “forcing courts to grapple with and she was banned from the page. between the content and the killing. new questions about the relative sig- She sued individual officers and the Prince George’s County prose- nificance of a Facebook post, a ‘Like,’ county and moved for a preliminary cutors said the racist content found a follow, a tweet. . . . Courts will have injunction. The district court denied on Urbanski’s cellphone points to a to carefully decide how much weight the injunction and later dismissed the motive for the killing, indicating he they can really put on a person’s case for failure to state a claim. stabbed Bowie State University stu- online allegiances and whether mere The Fifth Circuit reversed the dent Richard Collins III because he membership in such a hateful online decision, holding that she sufficiently was black. “These photographs show group constitutes evidence of intent to pleaded a constitutional violation, that the defendant has a bias against commit a hate crime.” because the defendants’ actions con- black people,” said deputy state’s Neil Richards, a professor of First stituted viewpoint discrimination attorney Jason Abbott. “These photos Amendment and privacy law at Wash- in violation of the First Amend- show violence against black people.” ington University School of Law, told ment. The court said that the Face- Defense attorney William Brennan wired.com, “We don’t want to per- book page was a public forum, and argued, “Possessing racially insensi- mit a system in which merely reading it didn’t matter which kind (desig- tive material is not against the law. something or associating with other nated or limited), because either way It is protected by the First Amend- people can be used as strong evidence viewpoint-based discrimination is ment.” Citing a New York Times story that you hold the views of the peo- impermissible. that suggested the Facebook page was ple you hang out with or the things The circuit court held that the created as a parody, he said it does not you read.” Reported in: wired.com, policy constituted official policy (for prove what was in Urbanski’s mind. May 23, 2017; Associated Press, June purposes of Robinson’s Section 1983 But Circuit Court Judge Lawrence 5, 2019. claim against the county), because Hill Jr. denied the defense’s request Robinson “has plausibly alleged that to exclude the evidence from a trial New York, New York Hunt County had an explicit pol- scheduled to start in late July. President Trump has been violating icy of viewpoint discrimination on “There are some (memes), or a the Constitution by blocking people the HCSO Facebook page,” through few, that do suggest some level of vio- from following his Twitter account the sheriff’s official control of the lence,” the judge said. “It will not be because they criticized or mocked page. Reported in: Constitutional Law unfairly prejudicial for the state to use him, a three-judge panel on the US Prof Blog, April 20, 2019. this evidence.” Court of Appeals for the Second Urbanski is charged with Circuit, in New York, ruled unani- Upper Marlboro, Maryland first-degree murder and a hate crime mously on July 9, 2019. Racist memes on a cellphone and a in the May 2017 killing of Collins, Because Trump uses Twitter to racist Facebook page can be used as twenty-three, who was visiting conduct government business, the evidence in the trial of a white man friends at the University of Maryland’s judges wrote, he cannot exclude some charged with murder and a hate crime Americans whose views he dislikes

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from reading his posts, nor block significant forums for the public to battle to access advertising platforms them from engaging in conversations discuss government policy. that consistently reject and censor in the replies to them. Trump’s Twitter account, female sexual wellness oriented busi- The ruling may help define what @realDonaldTrump, has nearly 62 nesses,” according to Forbes magazine. the First Amendment means in a time million followers, and he often uses it Dame Products cofounders Alex- when political expression increasingly to make policy pronouncements and andra Fine and Janet Lieberman said takes place online. It is also a time, communicate with the public, driving they spent months working with Out- Judge Barrington D. Parker wrote, the news of the day. His posts rou- front, the agency that revises advertis- when government conduct is sub- tinely generate tens of thousands of ing proposals for the MTA. ject to a “wide-open, robust debate” replies, as people respond to the origi- Dame’s legal team seeks damages that “generates a level of passion and nal tweet and to each other’s replies. for the MTA’s violations of Dame’s intensity the likes of which have rarely The lawsuit argued that Trump’s rights to free speech, due process, been seen.” account amounted to a public and equal protection under the First The First Amendment prohib- forum—a “digital town hall”— and Fourteenth Amendments of the its an official who uses a social media so his decision to selectively block United States Constitution, dec- account for government purposes people from participating in that larations that the Authority’s con- from excluding people from an “oth- forum because he did not like what duct was unlawful and improper, erwise open online dialogue” because they said amounted to unconstitu- and an injunction requiring the they say things that the official finds tional discrimination based on their MTA to approve and display Dame’s objectionable, Judge Parker wrote. viewpoints. advertisements. “This debate, as uncomfortable and Trump’s legal team argued, among The MTA rejected the ad cam- as unpleasant as it frequently may be, other things, that he operated the paign on the basis of “updated guide- is nonetheless a good thing,” the judge account merely in a personal capacity, lines” banning “sexually oriented” wrote. “In resolving this appeal, we and so had the right to block whom- advertising. Dame promises to “close remind the litigants and the public ever he wanted for any reason— the pleasure gap” for women by sell- that if the First Amendment means including because users annoyed him ing “toys, for sex.” anything, it means that the best by criticizing or mocking him. The complaint faulted the MTA for response to disfavored speech on mat- But the appeals court upheld a May deciding to “privilege male interests” ters of public concern is more speech, 2018 decision by a Federal District through irrational, arbitrary advertis- not less.” Court judge that also found Trump’s ing choices that violate the US Con- The Justice Department said offi- practice of blocking his critics from stitution’s First Amendment guaran- cials had not yet decided whether to his Twitter account to be unconstitu- teeing free speech. It said MTA chose appeal to the full appeals court or tional. Reported in: New York Times, to allow ads from bedding company the Supreme Court. “We are disap- July 9, 2019. Brooklinen featuring sexual double pointed with the court’s decision and entendres, and a travel booker urging are exploring possible next steps,” PUBLIC TRANSIT ADS travelers to “Get Wet (on the beach, said Kelly Laco, a department spokes- New York, New York not from the guy next to you).” woman. “As we argued, President Asking why New York City’s subway Dame said the MTA even allowed Trump’s decision to block users from accepts advertisements depicting erec- an ad sponsored by the city’s health his personal Twitter account does not tile dysfunction, bare buttocks, inflat- department for “Kyng”-sized violate the First Amendment.” able plastic breasts, and condoms, but condoms. But Jameel Jaffer, the director of is refusing ads for women’s sex toys, a MTA spokesman Maxwell Young the Knight First Amendment Insti- female-owned startup company filed said in a statement that the agency is tute at Columbia University, which suit against New York City’s transit “constitutionally entitled to draw rea- represented a group of Twitter users authority (MTA) on June 18, 2019, in sonable content-based distinctions” who were blocked by Trump and filed US District Court, Southern Dis- among ads, including by banning ads the lawsuit, praised the ruling. He trict of New York. The case, Dame for sex toys, and that its ad policy “in said that public officials’ social-me- Products v. Metropolitan Transit no way” discriminates based on gen- dia accounts are among the most Authority et al., “adds another chap- der or viewpoint. He said the MTA ter to the female founder-led ongoing intends to defend against the lawsuit.

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In the formal complaint, the plain- to stop the lawsuit, and the case will April 30, 2019, filed a motion for tiff details the MTA’s continued now proceed to the discovery phase, summary judgment “to prevent such approval of male-centric companies according to DC Attorney General searches and confiscations in the who “reap the tremendous financial Karl Racine. future, and to expunge the infor- benefit and prestige of advertisement The company’s “lax oversight and mation the government has retained space on the MTA’s well-trafficked misleading privacy settings” allowed from past searches.” property.” UK political consultancy Cambridge Since the filing of the suit, The complaint also points to the Analytica to gain access to the per- Alasaad, et al. v. McAleenan, et al., discriminatory nature of the MTA’s sonal information of Facebook users in US District Court for the Dis- advertising choices, “and its funda- without their permission, according trict of Massachusetts, in Septem- mental misunderstanding of Dame’s to the attorney general’s office. In ber 2017, US Customs and Border products, which have transformed the March 2018, revelations surfaced that Protection (CBP) and US Immigra- sexual health and wellness of more Cambridge Analytica, which had ties tion and Customs Enforcement (ICE) than 100,000 consumers.” Dame cites to Donald Trump’s presidential cam- have had to turn over documents research by medical professionals who paign, had improperly gained access and evidence about the searches and found vibrators and other sex toys and to the data of up to 87 million Face- explain their policies under oath. The tools to be beneficial to a variety of book users. ACLU says this has produced enough conditions, such as arousal difficulties The lawsuit accuses Facebook of evidence for the court to declare the and sexual discomfort caused by pel- violating DC’s consumer protection searches to be violations the First and vic pain. law. Fourth Amendments of the US Con- There is “nothing titillating” about A Facebook spokesperson told stitution without proceeding to a trial. Dame’s ads, Richard Emery, a law- CNET that protecting its users’ data An ACLU statement said: yer for Dame, told Reuters in an and privacy is “a top priority. . . . interview. We know we have more work to do. The information we uncovered The MTA told CNN, “The MTA’s However, we do not believe this suit through our lawsuit shows that CBP FAQs about its advertising policy has any merit and will continue to and ICE are asserting near-unfettered clearly states that advertisements for defend ourselves vigorously.” authority to search and seize travelers’ sex toys or devices for any gender are The US Federal Trade Commis- devices at the border, for purposes far not permitted, and advertising for sion also kicked off an investigation of afield from the enforcement of immi- FDA approved medication—for either Facebook [see page 37]. gration and customs laws. The agen- gender—is permitted.” In addition, the New York attor- cies’ policies allow officers to search New York City’s subway in 2017 ney general’s office is investigat- devices for general law enforcement carried about 5.58 million riders on ing Facebook over the harvesting purposes, such as investigating and an average weekday and 1.73 billion of email contacts of about 1.5 million enforcing bankruptcy, environmen- riders overall. Reported in: Forbes, users without their consent. Facebook tal, and consumer protection laws. June 18, 2019; Reuters, June 18. confirmed in April 2019 that it col- The agencies also say that they can lected the email contacts of its users, search and seize devices for the pur- PRIVACY but said it wasn’t deliberate. Reported pose of compiling “risk assessments” Washington, D.C. in: oag.dc.gov, December 19, 2018; or to advance pre-existing investiga- Facebook is facing scrutiny and at cnet.com, December 19, 2018, June tions. The policies even allow officers least one lawsuit over whether it failed 28, 2019. to consider requests from other gov- to safeguard the personal data of its ernment agencies to search specific users. The attorney general for the Boston, Massachusetts travelers’ devices. District of Columbia filed a suit enti- Nearly two years after suing the fed- tled District of Columbia v. Facebook eral government for its warrantless CBP and ICE also say they can on December 19, 2018, in Superior and suspicionless searches of phones search a traveler’s electronic devices Court of the District of Colum- and laptops at airports and other US to find information about someone bia, Civil Division. ports of entry, the American Civil else. That means they can search a On June 28, 2019, the court Liberties Union (ACLU) and the US citizen’s devices to probe whether rejected Facebook’s second attempt Electronic Frontier Foundation on that person’s family or friends may

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be undocumented; the devices of Nadia Alasaad both wear headscarves families, and the school could not a journalist or scholar with foreign in public for religious reasons, and keep them private. In Central Dau- sources who may be of interest to the their smartphones contained photos of phin School District v. Hawkins, the US government; or the devices of themselves without headscarves that court decided on December 10, 2018, a traveler who is the business part- are not meant to be seen by strang- that a recorded confrontation between ner or colleague of someone under ers. Officers searched the phones a student and a parent of another stu- investigation. nonetheless. dent was not an “education record” of Both agencies allow officers to On another occasion, a border offi- the student under FERPA because it retain information from travelers’ cer searched Merchant’s phone even was not directly related to the student electronic devices and share it with though she repeatedly told the officer nor maintained by the District. other government entities, including that it contained attorney-client privi- In both cases, a school district had state, local, and foreign law enforce- leged communications. denied a RTKL request for video ment agencies. “Let’s get one thing Isma’il Kushkush, a journalist, from a school bus security camera, on clear: The government cannot use worried that repeated searches of his the grounds that under FERPA the the pretext of the ‘border’ to make an electronic devices meant he was being videos were education records of the end run around the Constitution,” the targeted because of his reporting. He students depicted. ACLU stated. questioned whether to continue cov- FERPA cuts off federal funds to The suit contends that the Fourth ering issues overseas. any school district that permits the Amendment protects against unrea- “Crossing the US border shouldn’t release of education records (or per- sonable searches and seizures, includ- mean facing the prospect of turning sonally identifiable information from ing at the border. Border agents have over years of emails, photos, location those records) without the consent of authority to search for contraband or data, medical and financial infor- the students’ parents. Under FERPA, illegal items, but mobile electronic mation, browsing history, or other education records are defined as mate- devices are different. The ACLU personal information on our mobile rials that: (1) contain information argues that “they contain far more devices,” according to the ACLU directly related to a student; and (2) personal and revealing information statement. “That’s why we’re ask- are maintained by a school district. A than could be gleaned from a thor- ing a federal court to rule that border record must meet both parts of the ough search of a person’s home,” and agencies must do what any other law definition to qualify as an education a home may not legally be searched enforcement agency would have to do record. without a warrant. in order to search electronic devices: In the Miller case, the court focused The ACLU says the searches also get a warrant.” Reported in: aclu.org, on FERPA’s definition that protected violate the First Amendment. “People April 30, 2019. records are “directly related” to a stu- will self-censor and avoid expressing dent. The court held that the video dissent if they know that returning to Harrisburg, Pennsylvania depicting the teacher abusing the stu- the United States means that border School bus surveillance videos in two dent was only tangentially related to officers can read and retain what they Pennsylvania cases can be released the student. say privately, or see what topics they to the public under the state’s Right In the Hawkins case, the court searched online. Similarly, journalists to Know Law (RTKL) and are not focused on whether the video was will avoid reporting on issues that the “education records” subject to the “maintained” by the school district. US government may have an interest confidentiality restrictions of the The Commonwealth judges cited a in, or that may place them in contact Family Educational Rights and Pri- 2002 US Supreme Court decision in with sensitive sources.” vacy Act (FERPA), according to Owalso ISD v. Falvo that said main- The plaintiffs are ten US cit- the Commonwealth Court of taining a record means keeping it in izens and one lawful permanent Pennsylvania. a filing cabinet in a records room at resident whose phones and laptops In Easton Area Sch. Dist. v. the school, or on a permanent secure were searched while returning to the Miller, the court ruled on July 20, database that is subject to a mainte- United States. 2018, that a video that depicted a nance protocol. In Hawkins, the court Their experiences demonstrate school teacher roughly disciplining a found that the video was not “main- the intrusiveness of device searches. student directly related to the teacher, tained” by the district because the For instance, Zainab Merchant and not the students, so the students, their district did not have a maintenance

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protocol for school bus videos and that determination. Reported in: JD Supra, who would be appointed by the com- such videos were not permanently April 29, 2019. pany and the FTC. The negotiations maintained. have been underway for months over Though the Commonwealth Court AGENCY ACTIONS claims that Facebook violated a 2011 narrowed the FERPA exception in [EDITOR’S NOTE: Some government privacy consent decree. the Miller and Hawkins decisions, the rulings do not come from a bench in the The negotiations are being con- court did not hold that every school judicial branch of the government, but from ducted behind closed doors. Rep- bus video is a public record. Some agencies of the executive branch.] resentatives from Facebook and the school bus videos are subject to the FTC declined to comment for the protections of FERPA. Washington, D.C., and media. Moreover, the Commonwealth Menlo Park, California A $5 billion penalty would be far Court asserted that both decisions The Federal Trade Commission higher than the FTC’s current record are consistent with guidance issued (FTC) is negotiating a settlement with against a tech company. The agency by Department of Education on its Facebook to strengthen the social fined Google $22.5 million in 2012 website. This guidance provides that media company’s privacy practices, for misleading users about how some a surveillance video showing two two sources told the New York Times. of its tools were tracking users. students fighting that is used as part In addition, Facebook is prepar- Yet even $5 billion would be a of a disciplinary action is “directly ing for the possibility that the FTC small percentage of the company’s related” to the students who are dis- may impose a fine of up to $5 mil- annual revenue, which was $56 bil- ciplined. With respect to the “main- lion—the highest ever levied by the lion—and growing. Facebook said tenance” requirement, a photo or United States against a technology that its revenue in the first quarter of video that shows two students fighting company. And Politico reports that 2019 increased 26 percent from a year which is maintained in the students’ another option under consideration earlier. disciplinary records is “maintained” at the FTC, in addition to financial Some privacy advocates have said by the District under FERPA. penalties, is to hold Facebook’s owner, they would like the FTC to limit Thus, according to a summary of Mark Zuckerberg, personally liable. Facebook’s ability to share data with the cases in JD Supra, a school dis- The Times reported that as negotia- business partners, or require it to take trict should always consult its lawyers tions with the FTC continue, Face- more measures to inform consumers before releasing a video involving a book has offered to create an indepen- when and how it collects data. Such student pursuant to a RTKL request, dent privacy committee (that would requirements are not expected to be because determining whether a include members of Facebook’s board in the settlement, sources told the video is an education record of a stu- of directors) to protect users’ data, Times. Reported in: New York Times, dent can be a difficult, fact-sensitive and it agreed to an external assessor May 1, 2019; Politico, July 3.

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LIBRARIES low-income people and to learn who Worcester County Commission- Santa Cruz, California was using the libraries geographically. ers praised Worcester County Library How serious was the breach of patron Under state law, organizations Director Jennifer Ranck for putting privacy at the Santa Cruz Public typically have ninety days to respond safety first when deciding not to pro- Library (SCPL)? to grand jury reports. They are not, ceed with a lecture on impeaching The Santa Cruz County Grand however, required to implement any the president in an area where he has Jury (which is part of the civil court of the suggested changes. widespread support. system, and has no power to issue Prior to release of the grand jury The lecture was part of a series on criminal indictments, only reports report, SCPL had stopped using Gale the Constitution hosted by Howard and recommendations) said that SCPL Analytics on Demand, and reworked Sribnick, the president of the Worces- from 2016 through 2018 used a data its privacy policy. Reported in: ter County Library Foundation and a analysis tool from Gale Analytics co.santa-cruz.ca.us, June 24, 2019; former Worcester County Democratic on Demand that may have violated Register-Panjaronian, June 28. Central Committee chairman. It was patron privacy policies. A grand jury scheduled for Wednesday, March report issued on June 24, 2019, enti- Boise, Idaho 6, 2019, at the Worcester County tled Patron Privacy at Santa Cruz Public How much content will be blocked Library’s Berlin branch. Libraries, said the software blended for Wi-Fi users in Idaho’s public The Main Street Patriots East- patron data with other data from libraries when a new internet filtering ern Shore, Maryland, started a cam- Experian Mosaic. law takes effect next year? paign on Facebook on Friday, March With more than three hundred In early April 2019, Republican 1, posting a caption above an article pieces of additional consumer data per Governor Brad Little signed into law entitled, “America’s Second Civil War patron, “the library holds significantly legislation that adds publicly accessible Has Already Begun.” They wrote, more household-level data in its com- wireless internet to a law that requires “How many of you local folks will be puter system than patrons originally libraries to filter access on their inter- at the Berlin library on Wednesday provided,” the Grand Jury reported. net services so that obscene and por- . . . for the primer (hosted by Dem- The information was used to help the nographic material can’t be accessed. ocrats of course) on how to either library’s long-term strategic planning, The amendment is intended to impeach Trump or remove him from but the program was inconsistent with prevent minors from using personal office via the 25th Amendment? They SCPL’s privacy policy, and library laptops, tablets, smartphones, or other will collude and conspire to take administrators did not inform library devices to access pornographic sites. away your vote (Trump won here in patrons that it was being used, and did Previously, the law only dealt with Worcester County by almost a 2 to 1 not seek their consent, according to publicly accessible computers. The margin), will you be there to stand up the grand jury report. new law goes into effect on July 1, for the truth?” The report also found that library 2020. “Someone should take them out,” administrators did not review the Officials say public libraries will another person commented. contract provided by Gale Analytics have to update their policies, and that The session was canceled. “When on Demand, and found the contract up to 35 rural libraries might need people threatened to disrupt the pre- “unclear” and lacking in language that to install equipment. The estimated sentation, we thought that would raise protects patrons. cost is up to $2,500 per library, but a safety issue for those who may be SCPL Director Susan Nemitz said possibly much less depending on the trying to attend the program, or just the software was intended to help the type of system. Reported in: Associated those who were using the library at library system focus its programs and Press, April 8, 2019. that particular time on that particular services. day,” Ranck said in an interview. “Because we collect so little data Worcester County, Nearly three weeks later, some about our patrons it can help us bet- Maryland of the commissioners brought up ter understand them,” she said. “A lot Should a lecture on the US Consti- the incident when she appeared at of libraries have embraced this in a tution at a public library be cancelled Worcester County Commission’s big way.” Nemitz said that the library when critics calling themselves patri- meeting on March 26 on an unrelated used the program to study whether ots threaten violence? library funding issue. They thanked it was reaching people of color and Ranck and the library board for acting

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“professionally” during “the situation Licking County Library Director May 21, 2019, June 1; CityBeat Cincin- down at the library.” Reported in: Babette Wofter said she canceled the nati, June 1; cleveland.com, June 2. Ocean City Times, March 29, 2019. “Galaxy of Diversity” event because it became too difficult for the organi- Austin, Texas Columbus, Newark, and zation to control the misinformation When should police be called on Delaware County, Ohio circulating about it. teenagers in a public library, and can Was it wrong for two Ohio pub- The Newark County Pride Coa- library staff find another way to inter- lic libraries to give in to pressure and lition, which was co-sponsoring the vene rather than having a 13-year-old withdraw their support for events “Galaxy of Diversity” event, stated arrested in front of younger children? focusing on drag queen and LGBTQ in an open letter of its own that the Njera Keith, a teacher at an alter- (lesbian, gay, bisexual, transgender, event was meant to be an arts and native school that holds some of its and queer) culture, or wrong for them crafts project and safe-sex educational classes in the Carver Branch of the to schedule such events in the first program, with only an “optional Austin Public Library, said she was place? make-up tutorial.” The coalition entering the library with a six-year- The Delaware County Library asked Householder to respect the old student when they saw a police had scheduled “Drag Queen 101” for civil liberties of Newark residents, officer patting down thirteen-year-old Wednesday, June 5, 2019. The library noting that the US Supreme Court LaTashia Milligam. The teenager was said several teens had requested a has affirmed the freedoms of speech handcuffed and had no shoes on. class focused on the theatrical craft of and expression for the LGBTQ Keith said her young student drag performances. Selena T. West, a community. immediately began shaking. “She’s well-known drag queen from Colum- Householder dismissed the con- shocked that this little girl that we bus, was to be the instructor for the cerns about free speech. “Let me be were just interacting with is now in workshop. crystal clear: This isn’t about ban- handcuffs,” she said. But library director George Need- ning books or banning thought or According to library staff, LaTashia ham announced on May 29 that the any other red herring argument,” was arrested for an existing war- event was canceled after the library he wrote. “This is about right and rant, after the parent of another stu- received threatening messages, some wrong. This is about being good dent called police and accused her of from outside the area. The sponsors stewards of the public’s money.” threatening to attack her daughter. moved the event to a privately-owned The Newark coalition noted that Keith, who is also the execu- bookstore nearby called Secret Iden- no public money would have been tive director of an advocacy group tity Comics. used for the program, which would called Black Sovereign Nation, said Elsewhere in the same state at have taken place after library hours authorities should never have been nearly the same time, the Emerson R. and would have been funded by a called. Instead, a staff member or Miller library in Newark, in Ohio’s non-governmental grant. other responsible adult should have Licking County, scheduled “Galaxy of A group of House Democrats from intervened. After the incident, Black Diversity: A LGBTQ Teen Event” for Central Ohio, in a news release, called Sovereign Nation members tried to Friday, June 7. A powerful Republican Householder’s comments “unfortu- speak with library staff to address con- politician, Ohio House Speaker Larry nate.” The Democrats’ statement said, cerns about library policies regarding Householder, issued an open letter “the promise of America is . . . we all minors. When they finally did, there on May 31 stating, “Taxpayers aren’t agree to let everyone have their voice. was no consensus about how to move interested in seeing their hard-earned That is certainly true for the nearly forward. dollars being used to teach teenage 500,000 LGBTQ Ohioans.” Austin Public Library policy states boys how to become drag queens. I West, who led the Delaware Coun- that children under ten cannot be expect this to end immediately.” His ty’s “Drag Queen 101,” said the left unsupervised in the library unless letter did not name any libraries, but a June 5 class went even better than accompanied by someone who’s at spokesperson confirmed that House- expected. She said only about five least seventeen. If staff members feel a holder had the Delaware County and people had signed up through the child is unsafe or has nowhere else to Licking County libraries in mind. library, but 30 were in attendance for go, they should refer the child to the Householder represents neither; his the event at the Secret Identity store. Austin Police Department. district is in Perry County. Reported in: ThisWeekNews.com,

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Keith said there was “no concrete Others said this discriminates identity. The video introduced the policy” to guide staff members in against women of color who use caps teacher’s new name, Vica Steel. It LaTashia’s case. and rollers to protect their hair. requested that students call the teacher Black Sovereign Nation and “The first thing I thought was this “Mix Steel” or “Mx. Steel” instead Counter Balance: ATX launched a is anti-blackness,” said Roni Bur- of “Mr. B,” and refer to the teacher as campaign called No Sanctuary for ren, who teaches at the University “they” instead of “he.” Black Futures aimed at changing Aus- of Houston’s College of Education. In the video, the teacher reads tin library policies. They are asking She’s also an activist who successfully a book titled They Call Me Mix. A for more diversity training for staff campaigned against a major textbook passage in the book says: “‘BOY or and more comprehensive policies company after her son showed her his GIRL?’ Are you a boy or a girl? How regarding minors. Organizers are also book calling slaves “immigrants.” can you be both? ‘Some days I am asking for a citywide policy requiring Burren said this kind of dress code both. Some days I am neither. Most staff to contact the guardian of a child is part of a long history of policing days I am everything in between.’” if they come in contact with police or black women’s hair and appearance in On Facebook, the teacher said the have some other conflict. the United States, and it reflects that purpose of the video was “all so [the Kristina Brown, Black Sovereign internalized racism is real. children] can know who I am and Nation’s deputy director, said librar- What’s more, she said that a dress who I am becoming.” ies “are spaces for oftentimes margin- code for parents doesn’t have any con- Liberty Counsel (LC), an activ- alized people to have internet access nection to instruction and discourages ist Christian ministry with offices in and obviously to read books and have parents from coming to school. central Florida, Virginia, and Wash- access to information. And we are not The Texas Education Agency ington, DC, called it “inappropriate against that, obviously, we just want leaves it up to local school districts to activism in the classroom” when the those spaces to be safe,” with patrons set dress codes. The Houston district teacher showed the video to every not at risk of harsh treatment due to declined to comment. student in grades K-5 at the school. In stereotyping. Reported in: Austin The dress code at Madison High a letter sent in June 2019 to Superin- Monitor, May 9, 2019. was issued after KPRC-TV reported tendent Jennifer Cheatham, LC said the school turned away a mom who this “appears to violate several district SCHOOLS tried to enroll her daughter at Madi- policies, as well as the constitutional Houston, Texas son because she was wearing a T-shirt prohibition against schools enforcing When a school institutes a paren- dress and headscarf. Reported in: any kind of ‘orthodoxy.’” tal dress code for when they visit the Houston Public Media, April 24, 2019. That restriction, stated by the US school, is this discrimination on the Supreme Court, is, “If there is any basis of race or class? Madison, Wisconsin fixed star in our constitutional con- Under a new dress code at James Is a public school teacher’s proclama- stellation, it is that no official, high Madison High School in Houston, tion of their personal transsexual iden- or petty, can prescribe what shall be parents can’t be on campus if they’re tity in class an exercise of the teach- orthodox in politics, nationalism, reli- wearing hair rollers, a shower cap, er’s First Amendment right of free gion, or other matters of opinion or or pajamas. Other banned clothing speech—or is telling students what force citizens to confess by word or includes revealing leggings, low-cut pronoun to use for the teacher a viola- act their faith therein.” tops, sagging pants, torn jeans, and tion of the students’ First Amendment Under provisions of Wisconsin Daisy Duke shorts. In a memo, the rights? law, Liberty Counsel asked for any school’s principal said that if parents A science teacher at Allis Elemen- emails, flyers, notes, text messages, break the rules, they will not be per- tary School in the Madison (Wis- and other district communications mitted inside Madison High until consin) Metropolitan School District asking parental permission to show they return “appropriately dressed for had been known as Mark “Vince” the “coming out” video to students. the school setting.” Busenbark, and was addressed as It also requested all communications The principal said this maintains “Mr. B.” by students. The teacher from Allis Elementary Principal Sara the school’s “high standards.” and the teacher’s wife (whose last Cutler, Vice Principal Andrea Alrichi- name is Steel) produced a home video chi, or Busenbark “notifying the dis- explaining the teacher’s “non-binary” trict of the plan to show the video, or

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requesting district permission to show opinions, even if the speech might in: Alabama Political Reporter, June 7, the video to the children.” trigger strong, possibly violent reac- 2019; The Hill, June 8. LC also wants to see all emails tions, often require school faculty referencing the video as the cause or administrators to be notified in Des Moines, Iowa of confusion to children, commu- advance and approve demonstrations Will a new “free speech” law in Iowa nications approving Busenbark’s use in the zones. Critics say such a process change how public universities and of “Mix” or “Mx.,” and any other places an undue restriction on First community colleges uphold the “full- communications referencing the Amendment rights. est degree of intellectual freedom and controversy. The bill’s sponsor, Republican state free expression”? LC claims the teacher’s actions may Representative Matt Fridy, called The law, which Governor Kim conflict with the school district’s well- such efforts by universities “unfair” Reynolds signed on March 27, 2019, ness policy, which states instruction attempts to crack down on viewpoints requires state universities and com- should be “age-appropriate, medically with which they disagree. “Alabama’s munity colleges to adopt policies accurate, and non-stigmatizing,” and university campuses should be places respecting free speech on campus. its policies regarding controversial where ideas are freely debated and But Democrats argued one section issues, the use of district resources, students are exposed to a variety of in the new law will pave the way for and “political activities.” Reported in: viewpoints. Unfortunately, across discrimination. WND TV, June 4, 2019. the nation—occasionally even here Conservative students and groups in Alabama—college administrators across the country have claimed their COLLEGES AND have used unfair, arbitrary speech free speech rights have been restricted UNIVERSITIES codes to silence speech that is deemed on liberal campuses in recent years, Montgomery, Alabama ‘offensive.’ Oftentimes, politically and causing a rash of new proposals from Should free speech be guaranteed religiously conservative groups are state lawmakers. Reynolds, a Repub- on college and university campuses, targeted,” Fridy said in an interview lican, said she was proud to sign the even if the speakers are controversial after the bill was signed. Iowa law. “Our public universities and or unpopular, and they might induce During the House floor debate, community colleges should always violent reactions? Democratic state Representative be places where ideas can be debated, Alabama Governor Kay Ivey Napoleon Bracy opposed the bill, built upon, and creative thoughts signed a bill into law on June 6, 2019, saying that university administrators flourish without limits,” she said in a that will prevent Alabama’s taxpay- should focus on the safety of students news release. er-funded public universities from on campus and citing concerns that Katherine Tachau president of the limiting free expression and student certain speech could incite violence University of Iowa (UI) chapter of the speech to “free speech zones” on cam- in some students. Bracy said college American Association of University pus. In particular, the speech poli- administrators should be able to deter- Professors (AAUP), said freedom of cies must make clear that the outdoor mine which speakers are invited to expression is at the heart of univer- areas of a public college’s campus shall speak at their institutions. sities. It’s not clear how the law will be deemed a public forum for mem- Most Alabama colleges had change the UI campus, but the AAUP bers of the campus community. opposed the bill, according to Alabama worries about “undesirable unin- Known as House Bill 498, the law Political Reporter. tended consequences.” Tachau said, also ensures that if hecklers choose to The bill would not apply to private “As a public university we are bound protest and intimidate guest speak- colleges and universities, because as by constitutional law on freedom of ers on campus, the universities cannot private entities they have the right to expression, so we were not at all con- capitulate to the hecklers by forcing set their own standards. Public institu- vinced that we needed a new law to the speaker to pay for security costs tions, on the other hand, are covered achieve what we achieve most of the that have arisen from the protest. The by the First Amendment, Fridy said. time,” Tachau said. law will go into effect next year, on H.B. 498 was approved by a bipar- During floor debate in the Iowa July 1, 2020. tisan 24 to 1 vote in the Alabama House this month, Democrats stressed Free speech zones, which have State Senate and a 73 to 26 vote in the that they support free speech but said been touted by some as ways to House of Representatives. Reported one sentence in the bill kept them allow students to express a variety of from voting for it. That sentence

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would allow student groups that expression to “free speech zones” also prevents institutions from “dis- receive public university funding without waiting for court rulings, or inviting” speakers invited by a stu- to bar certain students from leader- will students need to sue, as they now dent, student organization, or faculty ship positions based on their identity, can under a new law? member. Democrats argued. The AAUP also Kentucky Governor Matt Bevin The new legislation also provides takes issue with the section. on March 26, 2019, signed HB 254 a cause of action, which allows stu- Versions of the Iowa law have into law, protecting free speech at the dents to sue institutions in state court been debated for years, but lawmak- commonwealth’s public colleges and for violations of the act. Reported in: ers doubled their efforts after a federal universities by granting students the thefire.org, March 26, 2019. court ruled in favor of a Christian “broadest possible latitude to speak, group that argued UI discriminated write, listen, challenge, learn, and dis- Cambridge, against it. The group, Business Lead- cuss any issue.” The bill requires insti- Massachusetts ers in Christ, was accused of barring tutions to maintain “a marketplace of Is it hypocritical for a university that a student from a leadership position ideas where the free exchange of ideas was once associated with slavery and because he is openly gay. The univer- is not suppressed,” and explicitly pro- segregation to deny admission to an sity later revoked the group’s status as hibits the use of restrictive free speech incoming freshman because he at one a registered student organization, but zones. time wrote and shared a document the court found the university was not “College leaders should promote that used the word “nigger”? uniformly applying its human rights the fact that their campuses host That is the question Kyle Kashuv, policy. Republicans have touted the diverse viewpoints, not corral dissent- a pro-gun rights survivor of the 2018 incident as evidence that free speech ing speakers into pre-approved areas mass shooting in Parkland, Flor- on Iowa campuses is being stifled. where they determine it’s ‘safe’ to ida, raised after Harvard University The law directs the governing have an opinion,” said Robert Shibley, rescinded its offer of admission, appar- boards of the state’s three public uni- executive director of the Foundation ently because after he was admitted, versities and numerous community for Individual Rights in Education racist comments he had made two colleges to adopt policies that state, in (FIRE). “We commend Kentucky years earlier surfaced online. part, that “the institution must strive legislators for making free speech a Kashuv became an activist for to ensure the fullest degree of intel- priority, and encourage other states to gun rights shortly after the Parkland lectual freedom and free expression.” follow their lead.” shootings. He was accused in May The law also designates outdoor Ten percent of colleges and uni- 2019 of having used racial slurs in a areas on campus as public forums. The versities surveyed by FIRE main- shared Google Doc in 2017. He wrote law specifies “that it is not the proper tain a free speech zone, according to the N-word multiple times in the role of an institution of higher educa- FIRE’s Spotlight on Speech Codes 2019 document and followed the slurs with tion to shield individuals from speech report. Free speech zones have repeat- “practice uhhhhhh makes perfect.” protected by the First Amendment to edly been struck down by courts or Shortly after the comments became the Constitution of the United States, voluntarily revised by colleges as part public, he posted a statement on Twit- which may include ideas and opinions of lawsuit settlements brought by ter calling the racist language he had the individual finds unwelcome, dis- students. used “callous and inflammatory,” but agreeable or even offensive.” The University of Kentucky, did not formally apologize for it. The Senate approved the measure Morehead State University, and Mur- In June 2019, Kashuv posted doc- 35–11 earlier this month, with some ray State University are among the uments to Twitter that appeared to Democrats in support. But in the institutions that will need to change show Harvard had second thoughts House, where it passed 52–44, Dem- or clarify their policies to comply about granting him admission. ocrats all voted against it or said they with the law. According to the documents, the opposed it. Reported in: Des Moines Under the law, Kentucky’s public university’s admissions committee Register, March 27, 2019. colleges and universities are prohib- had decided that Kashuv’s language ited from charging students security in 2017 violated the conditions of his Frankfort, Kentucky fees based on the expressive content acceptance, and therefore threatened Will Kentucky institutions of higher of their campus events or the ideas of to rescind his admission following an education stop limiting controversial their invited guest speakers. The law investigation.

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“We have become aware of media In April 2019, a student complained Pauwels continued, “Can’t the reports discussing offensive state- about two photos in a display called answer to both questions be yes? ments allegedly authored by you,” “Parties of the Past” in Doane Uni- Because lots of people want us to pick said a letter, dated May 24. “As you versity’s Perkins Library on the Crete one or the other. These are values that know, Harvard reserves the right to campus. This was part of an exhibit are hard to define, and now they’re withdraw an offer of admission under of historical photographs that Library colliding with one another.” various conditions, including ‘if you Director Melissa Gomis had curated Doane’s AAUP chapter approved engage or have engaged in behavior in March, of memorabilia from stu- a statement condemning Gomis’s that brings into question your hon- dent scrapbooks housed in university suspension. esty, maturity, or moral character.’” archives. The two photos showed stu- Other professors think Doane Uni- On Twitter, Kashuv said that his dents attending a 1926 Halloween versity made the right call. response to the committee took “full party, apparently in blackface. A blurb Many historians have argued that responsibility for the idiotic and hurt- from a local newspaper at the time there is value in showing racism that ful things I wrote two years ago.” indicated it was a campus masquerade existed in the past at universities and But on June 3, he said, the univer- party. But there was no accompany- in other parts of society, even if seeing sity wrote that he would no longer be ing note from the curators explaining it makes people uncomfortable today. accepted into Harvard’s Class of 2023, why the photos were included. Yet many also argue that this kind of this fall’s freshman class. (Rachael After speaking with the concerned content should be put into context. Dane, director of media relations at student, Gomis decided to remove the The AAUP said Gomis’s suspension Harvard, said it does not comment blackface photos due to concern for was a “consequence of a grievance publicly on the admissions status of the student. complaint” without due process nor individual applicants.) Then, under orders from the pro- an investigation. Kashuv criticized Harvard’s deci- vost, the entire exhibit was removed. Citing censorship guidelines from sion on Twitter, relating the situation That same day, Gomis was told to the American Library Association, to the institution’s own past asso- collect her things from her office, and Doane’s AAUP chapter described ciations with slavery and segrega- was suspended indefinitely. the university’s forced removal of the tion. “If Harvard is suggesting that Doane University administrators exhibit as “an unambiguous example growth isn’t possible and that our past said that displaying the photos ran of censorship,” coming from “out- defines our future, then Harvard is an counter to the university’s values and, side the library, performed by a person inherently racist institution,” Kashuv as presented, served no educational with no training in library and archi- tweeted. “But I don’t believe that.” purpose. val science.” That is in contrast to Kashuv’s status as a right-wing Some members of the faculty who Gomis’s initial self-censorship, which activist grew considerably after the support the librarian disagree. They was “driven by her genuine concern 2018 shootings, which claimed 17 said that Doane interfered in a learn- to respond to the student and to avoid lives at Marjory Stoneman Doug- ing moment, albeit a painful one, that external censorship.” las High School. He gained attention their colleague was already working When an educator “is pressured to mostly for his advocacy for campus to right. remove content from a lecture, lesson safety through gun rights. Kashuv “Were some of our students genu- or display that was created according has made frequent appearances on inely offended or hurt by the library to the current methods of the pro- Fox News and has met with Presi- display? Yes,” said Brian Pauwels, fession, then a violation of academic dent Trump. Reported in: Chronicle of associate professor of psychology at freedom has occurred,” the AAUP Higher Education, June 17, 2019. Doane and vice president of the cam- said. pus’s American Association of Uni- Doane President Jacque Carter Crete, Nebraska versity Professors (AAUP) advocacy sent an all-campus memo saying that Was it offensive for a library at Doane chapter. “Was suspending the librarian blackface “has a history of dehuman- University to display historical photos in response to that hurt heavy-handed ization and stereotyping, which per- of students in blackface? Was it a vio- and in violation of the academic free- petuates systemic racism in society.” lation of academic freedom when the dom that is necessary to do her diffi- He apologized for the photos and the university closed the exhibit and put cult job every day?” hurt they had caused. “Such an insen- the librarian on leave? sitive action is unacceptable and will

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not be tolerated now or in the future,” controversial matter that has no rela- University System of New Hamp- Carter wrote. tion to their subject.” Additionally, shire (USNH) and Plymouth State Doane’s AAUP chapter took issue she continued, quoting the AAUP, University (PSU) signed an agreement with that statement, saying that an professors’ “special position in the on February 15, 2019, to pay a former environment in which a president can community imposes special obliga- adjunct lecturer $350,000 to avoid a judge exhibits as “sufficiently contro- tions. As scholars and educational offi- potential lawsuit after she lost her job versial or offensive that they must be cers, they should remember that the for speaking in support of a former removed partially or in their entirety public may judge their profession and Exeter High School guidance coun- at the president’s discretion” consti- their institution by their utterances.” selor who sexually assaulted a student. tutes “an infringement of the academic McKinney said that Doane was Nancy Strapko, a local mental freedom that is essential to the work within its rights to suspend Gomis health counselor, reached the settle- of Director Gomis, all other faculty under its anti-harassment policy, ment with the university system after and, by extension, the students of the pending the investigation. She said she controversy arose when Strapko and university.” thinks it is unlikely that Gomis would several educators and other profes- Mark Orsag, a professor in Doane’s be fired. sionals pleaded for leniency at Kristie history department, said the photos, Do librarians have academic free- Torbick’s sentencing in Rockingham without context, were “clearly dis- dom? Doane’s AAUP chapter declared, County Superior Court in July 2018. respectful to the African American “We assert that the library is a funda- The thirty-nine-year-old Torbick had faculty, staff and students on this mental classroom, where knowledge pleaded guilty to four counts of sexual campus.” Given national controver- and learning begin.” Doane’s AAUP assault on a fourteen-year-old student. sies over similar pictures, he added, chapter further argues that librarians Strapko, an associate professor “putting those photos up in that man- “are particularly vulnerable to sanc- emeritus and former graduate school ner was tone-deaf in the extreme tions resulting from public disapproval health education coordinator at PSU, and demonstrated a fundamental lack of their collections and exhibits,” was one of twenty-three people who of common sense.” Academic free- since they deal with an “enormous wrote letters supporting Torbick. dom “carries with it the responsibil- range of materials that inevitably will Strapko also testified at Torbick’s sen- ity to act respectfully, with fairness include items that some, and perhaps tencing on July 9, 2018, asking for and with common sense,” he added, even many, will find objectionable.” leniency. Judge Andrew Schulman arguing that “such offensive dis- And unlike professors in a dynamic sentenced Torbick to two-and-a-half plays” are explicitly against Doane’s classroom setting, the chapter wrote, to five years in prison. The sentence anti-harassment policy. librarians can’t “respond instantly to was lighter than the five to ten years Amanda McKinney, execu- questions or reactions from their audi- prosecutors sought. tive director of Doane’s Institute for ence, or explain in the moment their PSU dismissed Strapko on August Human and Planetary Health and decision-making process in presenting 1, 2018, saying in a public statement director of its Open Learning Acad- such materials.” that she would not be rehired as emy, said the key issue is not con- Pauwels argued that the broader an adjunct teaching lecturer nor tent but context. “There was noth- issue is that one instance of even employed in any other capacity at the ing there with the pictures to indicate well-meaning censorship sets the stage university. whether this was right or wrong, for worrisome instances of censorship In her letter to the court, Strapko racist or not, condoned by the librar- going forward. Defending academic wrote, in part, “Kristie takes full ian or not,” McKinney said. Given the freedom “here and in the long term” responsibility for her actions with her display title, one “might even think ultimately ends up benefiting students, ‘victim.’ I put this in (quotes) because we were celebrating it. That’s the crux he said. Reported in: Inside Higher Ed, I am aware that her ‘victim’ was truly of the issue,” she added. May 6, 2019. the pursuer in this case.” Quoting AAUP’s policy on aca- Strapko’s description of the vic- demic freedom, McKinney said that Plymouth, New Hampshire tim as the “pursuer” outraged many, teachers “are entitled to freedom Should the free speech of faculty including advocates for sexual assault in the classroom in discussing their members be limited when they speak survivors. subject, but they should be careful in defense of someone accused of sex- In its statement announcing her not to introduce into their teaching ual assault? dismissal, the university wrote, “In

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PSU’s opinion, portraying a fourteen- Fallout from the Torbick sen- discriminatory? It might be, if the year-old sexual assault victim as a tencing also led to the resignation policy is selectively enforced. ‘pursuer’ is legally wrong and morally of Bedford school superintendent Barnard College placed several reprehensible.” Chip McGee. He faced pressure after public safety officers and a supervi- USNH general counsel Ronald Bedford High School educators also sor on administrative leave following Rodgers, along with Strapko’s attor- supported Torbick, who was a Bed- accusations of racial profiling. neys, released a joint public statement ford counselor before she was hired in The issue arose when a video on the settlement: “The University Exeter. recorded by a Columbia University System of New Hampshire and Dr. Newfound Regional High School student showed what happened at the Nancy Strapko have reached a medi- guidance counselor Shelly Philbrick Barnard library on April 11, 2019, at ated resolution of their concerns aris- also resigned after she spoke at Tor- 11:30 p.m. The student was held and ing out [of] an assessment Dr. Strapko bick’s sentencing. asked for identification while trying provided in a criminal sentencing The Foundation for Individual to enter the library. hearing. The parties abhor all forms Rights in Education (FIRE) wrote Current college policy states that of interpersonal exploitation, in par- to PSU in September 2018 to explain students must show ID after 11 p.m., ticular the sexual abuse of children. that the First Amendment prohib- but students say that policy is not rou- They also agree on the importance of its a public university from punishing tinely enforced. witnesses participating in the crimi- its professors for testifying in judicial Barnard’s president apologized to nal justice process, including criminal proceedings. the Columbia University student and sentencing.” “Professor Strapko was fired for said the college will review its poli- The amount of the settlement was nothing more than her witness testi- cies. Reported in: CBS New York, released in response to a request for mony—and that is a blatant violation April 15, 2019. information under the Right-to- of her First Amendment rights and Know law, filed by the New Hampshire a clear violation of Plymouth State’s Philadelphia, Pennsylvania Union Leader. free speech promises,” said Zach Do principles of academic freedom PSU professors Michael L. Fisch- Greenberg, program officer in FIRE’s and free speech mean that a university ler and Gary Goodnough also came Individual Rights Defense Program. should grant a platform to a professor under fire for their letters of support. “Plymouth State disregarded the pro- whose “dangerous” ideas may cause Fischler, a professor emeritus of found societal importance of ensuring harm and incite violence? counselor education and school psy- that people with relevant information At the University of the Arts chology, and Goodnough, a professor come forward when called to testify (UArts) in Philadelphia, where the of counselor education who served in criminal trials—a civic responsi- critic Camille Paglia has taught for as Torbick’s adviser and internship bility that forms the backbone of any thirty years, a faction of art-school supervisor, both agreed to complete functional system of justice.” students wants her fired and banned additional training on sexual assault After the settlement was from holding speaking events or sell- and to work closely with PSU faculty, announced, FIRE’s Greenberg said, ing books on campus. Their petition students, and staff to address the issues “This settlement represents the high says her ideas “are not merely ‘contro- and the concerns created by their let- costs of failing to uphold the First versial,’ they are dangerous.” ters, the university said in a statement. Amendment rights of faculty at a Others believe this would set a But Manchester-based attorney Jon public university. Universities should dangerous precedent that would Meyer, who is representing Fischler, learn from Plymouth State’s mistake undermine freedom of expression and has criticized PSU for disciplining his by committing to protect free speech free academic inquiry. client, insisting that he was punished on campus—and honoring those Conor Friedersdorf, a staff writer for exercising his constitutional and commitments in practice.” Reported for the Atlantic magazine, covered the statutory free expression rights. in: New Hampshire Union Leader, April controversy in a lengthy article. It is Meyer also argued that the action 29, 2019; thefire.org, April 30. rare for student activists to argue that will have a “chilling effect” on people a tenured faculty member at their own who are asked to testify during future New York, New York institution should be denied a platform, sentencing proceedings. Is a policy asking university students Friedersdorf’s magazine pointed out. to show identification after 11 p.m.

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Paglia has been outspoken and con- a class with someone who stated that Later, when student activists troversial ever since her first book, ‘It’s ridiculous . . . that any univer- launched their online petition, they Sexual Personae: Art and Decadence sity ever tolerated a complaint of a included the demand, “Yager must From Nefertiti to Emily Dickinson, was girl coming in six months or a year apologize for his wildly ignorant and published in 1990. The book criti- after an event,’ or that ‘If a real rape hypocritical letter.” cized feminist thinking about rape was committed, go friggin’ report it To better understand the stu- and argued that sex differences are to police.’ Perhaps this is an ‘opin- dent-activist perspective, Frieders- rooted in biology. It was savaged by ion,’ but it’s a dangerous one, one dorf emailed Sheridan Merrick, who feminist critics, but became an unex- that propagates rape culture and vic- posted the Change.org petition against pected, 700-page bestseller. And it tim-blaming. For this and other rea- Paglia, asking how have the professor’s sparked a national debate about art, sons, I find her place as an educator at “dangerous” ideas harmed students. history, gender, ideas that offend, free this university extremely concerning In reply, Merrick cited statistics inquiry, and political correctness. and problematic.” about the percentage of transgender The latest student protests against After Paglia’s interrupted speech, adults who report having attempted Paglia began in the spring of 2019, UArts President David Yager released suicide or suffered hate crimes. From when it was announced that she a long statement defending free there she reasoned: would give a lecture titled “Ambigu- expression. Its core message: ous Images: Sexual Duality and Sex- Paglia’s comments have echoed the ual Multiplicity in Western Art.” Across our nation it is all too com- hateful language that pushes so many According to a letter that two mon that opinions expressed that transgender people to contemplate student activists released, “Joseph differ from one another’s—espe- suicide, and encourage transphobic McAndrew (they/them), a gender cially those that are controversial— people to react to transgender people non-binary creative writing major, can spark passion and even outrage, violently. . . . I personally know at brought this lecture to the student often resulting in calls to suppress least one person who, due to Paglia’s body’s attention through social media that speech. That simply cannot be comments, has experienced suicidal and raised their concerns to Title IX allowed to happen. I firmly believe thoughts and has considered leav- and other University administration that limiting the range of voices ing the University. The comments about the school giving Camille a in society erodes our democracy. that many of us have been receiving platform. This led to the University Universities, moreover, are at the online have caused public safety at reaching out to Deja Lynn Alvarez, heart of the revolutionary notion of our school to be told to up their secu- a local transgender activist, to facil- free expression: promoting the free rity game, in case our (very queer) itate a talk-back after Camille’s lec- exchange of ideas is part of the core student body is targeted by angry ture. Students were informed the day reason for their existence. That open supporters of hers. This is what we before the lecture that Camille had no interchange of opinions and beliefs mean when we say that her views plans to stay for the talk-back.” includes all members of the UArts are not merely controversial, but UArts administrators declined to community: faculty, students and dangerous.” cancel the public lecture that Paglia staff, in and out of the classroom. We was scheduled to deliver. The stu- are dedicated to fostering a climate Friedersdorf disagrees. The Atlan- dent activists responded by protesting conducive to respectful intellectual tic article concludes that the argument the event. Before the event was over, debate that empowers and equips our that someone pulled the fire alarm in the students to meet the challenges they building, causing it to be evacuated. will face in their futures. I believe a speaker is responsible for harms To help justify the effort to sup- this resolve holds even greater impor- that are theoretical, indirect, and so press Paglia’s speech, student activ- tance at an art school. Artists over the diffuse as to encompass actions of ists pointed to an interview posted to centuries have suffered censorship, strangers who put themselves on the YouTube in which she dismissed some and even persecution, for the expres- same side of a controversy—is unten- allegations of campus sexual assault. sion of their beliefs through their able. Suppressing speech because it For example, one student wrote in an work. My answer is simple: not now, might indirectly cause danger depend- email: “As a survivor of sexual assault, not at UArts. ing on how people other than the I would never feel comfortable taking speaker may react is an authoritarian

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move. And this approach to speech, an act of free expression more intrigu- to the organization’s sincerely held applied consistently, would of course ing than an attempt to censor it. beliefs.” impede the actions of the anti-Paglia FIRE Executive Director Robert protesters as well. Reported in: The Atlantic, May 1, Shibley said “‘Free speech zones’ send . . . What’s more, when student 2019. the false and illiberal message that a activists strategically engage in pro- student’s First Amendment rights are tests, callouts, and other behavior Pierre, South Dakota dangerous, and should be constrained expressly calculated to “make life Are colleges really protecting free within tiny, pre-approved areas of more difficult” for others, they could speech when they limit it to “free campus. We commend legislators in indirectly inspire outside parties to speech zones” on campus? South Dakota for recognizing the engage in threats or even attacks. . . . On March 20, 2019, South Dakota critical importance of free speech adopting different standards for dif- Governor Kristi Noem signed into to higher education, and encourage ferent identity groups—which would law HB 1087, which will codify free other states to follow their lead.” of course never fly in a legal con- speech protections for students at “HB 1087 is an important step text—would ultimately hurt histori- South Dakota’s public colleges and toward ensuring no viewpoints are cally marginalized groups. universities. The law prohibits South silenced at public institutions in South . . . The identitarian conceit is Dakota public colleges and universi- Dakota,” said FIRE Legislative and that trans people and survivors of ties from quarantining student expres- Policy Director Joe Cohn. “By enact- sexual assault can’t learn from Paglia, sion into small, misleadingly labeled ing this legislation, South Dakota because she renders them “unsafe.” “free speech zones.” is standing up for all students who Meanwhile, cis [non-trans] white According to a count maintained wish to speak their minds freely on males are acculturated to believe that by the Foundation for Individual campus.” they can always learn from anyone, Rights in Education (FIRE), this According to FIRE’s Spotlight on even professors overtly hostile to made South Dakota the 13th state to Speech Codes 2019 report, approx- their race, sexual orientation, or gen- pass legislation banning public col- imately 10 percent of top colleges der identity. In this way, left-iden- leges and universities from relegat- nationwide maintain a free speech titarianism encourages historically ing student expression to free speech zone, despite the fact that the practice marginalized groups to believe that zones. The others are Virginia, Mis- violates the First Amendment. Free they are less resilient and less capable souri, Arizona, Kentucky, Colo- speech zones have been repeatedly than their white, male classmates. rado, Utah, North Carolina, Tennes- struck down by courts or voluntarily They suggest, falsely, that “harm” is see, Florida, Georgia, Louisiana, and revised by colleges as part of settle- the only possible result of listening Arkansas. [After South Dakota, Alabama ments to lawsuits brought by students. to controversial (or even offensive) and Iowa passed similar laws (see page Reported in: thefire.org, March 21, ideas. 41). This raised the total to fifteen states 2019. There are, finally, political costs with laws against restricting free speech on of illiberal activism. By targeting the campuses of public institutions of higher San Marcos, Texas Paglia’s job, student activists may education.] What is the difference between a vote alienate people who are open to sub- South Dakota’s HB 1087 also pre- by the student government and offi- stantive critiques of her ideas, yet vents institutions of higher educa- cial action by their university? insistent on the absolute necessity of tion from discriminating “against any The Texas State University stu- safeguarding a culture of free speech, student or student organization based dent government provoked outrage regardless of whether the speech in on the content or viewpoint of their on April 8, 2019, by voting to ban a question is “correct” or “incorrect.” expressive activity.” The law guar- conservative student group, Turning They fail to heed Henry Louis Gates’s antees that funds distributed to stu- Point USA, from campus. prescient warning not to divide the dent organizations are allocated in a The outrage of Charlie Kirk, liberal civil-rights and civil-liberties nondiscriminatory manner. It further founder of Turning Point USA, was communities. states that belief-based student orga- quickly retweeted by his followers and The activists also fail to heed a nizations are free to maintain policies picked up by conservative media sites. much older lesson that art students that require leaders or members of the Greg Abbott, Texas’ Republican gov- ought to know best: Nothing makes organization to “affirm and adhere ernor, jumped into the fray, tweeting

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that he looked forward to signing a the university’s administration cannot people can check books out. There’s bill to uphold free speech on college grant,” Adam B. Steinbaugh, director no uniformity as to how often a book campuses, passed by the state Senate. of FIRE’s Individual Rights Defense cart is allowed onto a housing unit— Lost in the initial outrage was a Program, wrote in an email. “Nor for some units, it’s once a week; for response from Margarita Arellano, can the student government take steps others, books might only come every the university’s dean of students, who to deprive the TPUSA chapter of ben- other week or as often as twice a issued a statement saying that, while efits provided to other organizations week. the student government has a right to due to objections to TPUSA’s views.” For people in punitive segrega- pass a resolution calling for a ban of Reported in: Chronicle of Higher Educa- tion (129 inmates, as of November 30, any student group, it does not have tion, April 10, 2019. 2018) who can spend anywhere from the authority to actually kick Turn- 17 to 23 hours in their cell, access ing Point USA off campus. Student PRISONS seems to be even more spotty. DOC organizations can be banned only if New York, New York officials testified that people in puni- they are facing disciplinary sanctions, How much of a right to read do incar- tive segregation do not have access to she wrote, and the campus chapter of cerated people have? Are library book either a physical library or the library’s Turning Point is not. carts, rather than actual libraries, book carts, a declaration that shocked The resolution approved by the stu- enough for prisoners to exercise that and appalled Dromm and his col- dent government, but not acted on by right? leagues. But librarians from the New the administration, called on the uni- On February 26, the New York York, Queens and Brooklyn public versity to ban the campus chapter of City Council’s Criminal Justice Com- libraries later testified that they do Turning Point USA, citing its “con- mittee heard testimony on Coun- indeed provide access to books and sistent history of creating hostile work cilmember Daniel Dromm’s bill, Int. magazines for people in segregation as and learning environments through a 1184, that requires the Department of well as in the city’s Enhanced Super- myriad of intimidation tactics aimed Corrections (DOC) to provide access vision Housing. In some units, they against students and faculty.” The res- to the library for all incarcerated peo- are able to meet the readers face to olution criticized the group’s “Pro- ple within 48 hours of entering the face; at others, the would-be reader fessor Watchlist,” which “exposes” jail system. The Department would be receives a list of available genres. They faculty members accused of discrim- required to report on the number of choose one, submit the slip and in inating against conservative students books they receive, the source of those return receive a book. and promoting a liberal agenda. books and, if books are censored, the Michael Tausek, the DOC’s dep- Stormi Rodriguez, president of reason for the censorship. uty commissioner for programming Turning Point’s campus chapter, spoke Only two of the city’s eleven jail and community relationships, told the during an open forum before the buildings at Rikers Island have per- Committee that the DOC does not vote. Her remarks were interrupted manent libraries—and these were support the bill. “We do not believe by chants of “No more harassment, created only recently, in July 2016 and that this bill would have the desired no more hate, remove Turning Point April 2018. A third library only exists outcome of actually increasing the from Texas State!” The taunts con- for a few hours one day a week, when level of access to reading materials,” tinued as she left the meeting. She librarians from the New York Public he testified. recorded them on Twitter. “If the left Library bring books into a gymna- The librarians who actually work wants an example of what it looks like sium. Men in that particular jail are in the city’s jails disagree. Nick Hig- to be threatening and intimidating escorted to the makeshift library to gins, the chief librarian for the Brook- students, they should look in a mirror peruse and check out books. Then, lyn Public Library, told the committee at #txst,” she tweeted. the remaining books are packed that if each jail had a dedicated library, The Foundation for Individual away into a closet until the following “we can do so much more.” Reported Rights in Education (FIRE) said Friday. in: Gothamist, February 27, 2019. the university made the right call in For people in New York’s other rejecting the attempt to ban Turning eight jail buildings, that leaves the GOVERNMENT SPEECH Point USA. “The student govern- book cart. Librarians of the city’s pub- Washington, D.C. ment is free to call on the university lic library systems bring a book cart When government agencies remove to ban TPUSA, but it’s a request that around to the housing units where references to certain types of

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discrimination from government nationwide injunction prohibiting A third of households with school- websites, does this mean the govern- OCR from enforcing discrimination age children that do not have home ment will no longer try to prevent on the basis of gender identity. internet cite the expense as the main such discrimination? The Sunlight Foundation wrote at reason, according to federal Educa- In the Spring of 2017, the Office the time that more content about pro- tion Department statistics gathered in for Civil Rights (OCR) at the hibitions on sex discrimination was 2017 and released in May. The sur- Department of Health and Human removed than appeared necessary to vey found the number of households Services quietly changed information reflect the injunction. without internet has been declining on its website related to Section 1557 The new rules indicate that advo- overall but was still at 14 percent for and discrimination against transgen- cates were right when they suspected metropolitan areas and 18 percent in der and gender nonconforming people that the Trump administration might nonmetropolitan areas. Reported in: in healthcare settings. The changes seek to officially reinterpret Section Associated Press, June 10, 2019. were documented by the Web Integ- 1557 to exclude transgender and gen- rity Project in 2018 (see JIFP, Fall der non-conforming individuals from Augusta, Maine 2017–Winter 2018, page 70). sex discrimination protections. Can state laws effectively replace New regulations announced on The administration framed the new national “net neutrality” regula- May 24, 2019, would roll back pro- rules as reflecting lawmakers’ intent tions issued by Federal Communica- tections for transgender and gender when Section 1557 was first enacted. tions Commission under the Obama nonconforming patients in health- Reported in: SunlightFoundation. administration, then rescinded under care settings. The proposed new com, May 29, 2019. the Trump administration? rules reinterpret Section 1557 of the Maine joined a growing number of Affordable Care Act to exclude “gen- INTERNET states passing net neutrality laws. On der identity” as a prohibited basis for United States June 25, 2019, Governor Janet Mills discrimination. Are students’ rights to an education signed into law a bill that prohibits the With both the proposed changes curtailed when they have no com- state from using funds to pay inter- to the rule, and the changes to text puter or internet at home? net service providers (ISPs) unless on the OCR website, “The current An Associated Press analysis of they adhere to “net neutral” services. administration has rewritten large census data indicates that nearly three Specifically, the bill defines “net neu- swaths of the implementing regu- million students around the United tral” services as a promise not to block lations of Section 1557 to limit the States struggle to keep up with their lawful content, not to throttle inter- definition of discrimination, meaning studies because they have no home net speeds, and to not engage in paid women, LGBTQ people and limited internet. Unlike classrooms, where prioritization. English proficient individuals may access to laptops and the internet is “The internet is a powerful eco- again be shut out of vital health ser- nearly universal, at home, the cost of nomic and educational tool that can vices and care because of biases against internet service and gaps in its avail- open doors of opportunity for Maine them,” said National Health Law Pro- ability affect both urban and rural people and small businesses,” Mills gram Executive Director Elizabeth G. areas, the AP found. said in a statement announcing her Taylor in a press release. In this “homework gap,” an esti- signing of the bill. “That potential At issue was whether Section 1557 mated 17 percent of US students do should not be limited by internet ser- of the Affordable Care Act, which not have access to computers at home, vice providers interested in increasing prohibits discrimination based on and 18 percent do not have home their profits. I hope net neutrality will sex, could be interpreted to also pro- access to broadband internet. be fully restored in federal law, but in hibit discrimination on the basis of Students without home internet the meantime I welcome this new law gender identity and termination of consistently score lower in reading, as a positive step forward for Maine pregnancy. The Obama administra- math, and science. and as a sign that we will protect tion had determined that the law did Students without internet at home a free and open internet for Maine empower HHS to enforce prohibi- are more likely to be students of color, people.” tions on such discrimination. But a from low-income families, or in Maine’s new law is similar to ones federal court in Texas ruled against households with lower parental educa- working their way through state legis- that view of the law, and issued a tion levels. latures in New York and New Jersey.

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In 2018, two states—California and PRIVACY on them over the previous five years. Vermont—passed net neutrality bills, Washington, D.C. They also give applicants the option but both states agreed to halt their How much information should the to volunteer information about social implementation in the midst of being government collect from foreigners media accounts on platforms not listed sued. Those bills will not go into who want to enter the country? on the form. effect while a federal court battle over The US State Department is now In addition to their social media the Federal Communications Com- requiring nearly all applicants for histories, visa applicants are now mission’s (FCC) repeal plays out. A US visas to submit their social media asked for five years of previously used decision from the United States Court usernames, previous email addresses, telephone numbers, email addresses, of Appeals District of Columbia Cir- and phone numbers. In a vast expan- international travel and deportation cuit is expected this year. Reported sion of the Trump administration’s status, as well as whether any family in: Daily Dot, June 26, 2019. enhanced screening of potential members have been involved in ter- immigrants and visitors, the depart- rorist activities. FREE SPEECH ment announced updated immigrant Only applicants for certain dip- San Antonio, Texas and nonimmigrant visa forms that lomatic and official visa types are Are business owners’ First Amend- now request additional information, exempted from the requirements. ment rights violated when a govern- including “social media identifiers,” Reported in: Associated Press, June 1, ment stops them from opening a store from almost all applicants. 2019. because of their religious beliefs and The change, first proposed in political donations? March 2018, is expected to affect Washington, D.C., and The San Antonio City Council about 15 million foreigners who apply many localities voted to exclude Chick-fil-A from the for visas to enter the United States Should federal agents have access to city’s airport because the restaurant each year. state and local license plate and driv- chain’s Christian owners have donated Social media, email, and phone ers’ records—including automated to organizations that champion the number histories had only been license plate readers that can track belief that marriage is between a man sought in the past from applicants who a vehicle’s location—to help them and a woman. In mid-April 2019, the were identified for extra scrutiny, such deport undocumented immigrants? council narrowly rejected a proposal as people who had traveled to areas More than 80 law enforcement to reconsider its decision. controlled by terrorist organizations. agencies in the United States have “Such censorship is blatantly An estimated 65,000 applicants per agreed to share with US Immigra- unconstitutional,” declared an edito- year had fallen into that category. tion and Customs Enforcement (ICE) rial in the San Antonio Express-News. The department says collecting the license plate information that supports The newspaper wrote, “This inci- additional information from more its arrests and deportation efforts, dent is symptomatic of deeper prob- applicants “will strengthen our pro- according to the American Civil Lib- lems. Many people believe they have cess for vetting these applicants and erties Union (ACLU), which obtained the absolute truth with regard to confirming their identity.” a trove of internal agency records. issues of morality, sexuality, religion The new rules apply to virtually all The documents acquired by the or politics, and that those who dis- applicants for immigrant and nonim- ACLU show that ICE obtained access agree are evil and must be censored or migrant visas. When it filed its ini- to a database with license plate infor- excluded. Similarly, many see peo- tial notice to make the change, the mation collected in dozens of counties ple as fragile and argue that offensive department estimated it would affect across the United States—data that speech is violence.” 710,000 immigrant visa applicants and helped the agency to track people’s The editorial concludes, “This out- 14 million nonimmigrant visa appli- locations in real time. Emails revealed look corrodes our free speech foun- cants, including those who want to that police have also informally given dations and should be rejected by all come to the United States for business driver information to immigration those who value the First Amend- or education. officers requesting those details in ment.” Reported in: San Antonio The new visa application forms list communications that the ACLU said Express-News, April 21, 2019. a number of social media platforms appeared to violate local laws and and require the applicant to provide ICE’s own privacy rules. any account names they may have had

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The files, which the ACLU privacy ordinances that require over- Despite their expansion, the DHS obtained through a Freedom of Infor- sight when police buy surveillance programs have not proven successful, mation Act request, have raised fresh technology. Reported in: The Guard- even based on the department’s own concerns about ICE’s monitoring of ian, March 13, 2019. measures. For example, after USCIS immigrants and the way local police piloted five social media monitor- aid the Trump administration’s depor- Washington, D.C. ing programs in 2016, the agency’s tation agenda. How much data does the US Depart- own evaluations found the programs ICE has taken advantage of ment of Homeland Security (DHS) largely ineffective in identifying expanded automated license plate rec- collect from social media? Is the threats to public safety or national ognition technology, which allows information accurate, free from bias, security. cameras to take images of plates and and effective in enhancing national The Brennan Center lists several link them to specific locations. security? of the central challenges associated The documents show that ICE DHS has dramatically expanded with social media monitoring. One is allowed agents—more than 9,000 its monitoring of social media mon- the difficulty of interpreting what’s in of them, according to one email— itoring in recent years, collecting a the social media messages and con- working on civil immigration cases vast amount of user information in necting them to actual threats. These to search a license plate reader data- the process—including political and interpretation problems become even base maintained by Vigilant Solutions, religious views, data about physical more complex when a non-English a private data analytics company, for and mental health, and the identity language or unfamiliar cultural con- files going back five years. of family and friends. DHS increas- text is involved. The programs them- “It’s a huge invasion of privacy,” ingly uses this information for vetting selves also carry civil liberties risks. Vasudha Talla, an ACLU staff attor- and analysis, including for individuals “They give the government a pool ney, told The Guardian. “Location seeking to enter the United States and of information about people’s per- surveillance and location data can for both US and international travel- sonal lives and political and religious really paint such an intimate portrait ers. In a new report, Social Media Mon- beliefs that can easily be abused. And of someone’s life, down to what they itoring, the Brennan Center provides research shows that people censor do minute by minute.” The five-year an overview of DHS social media themselves when they know the gov- broad timeframe, Talla argued, risked monitoring programs and the new set ernment is watching,” said Rachel dragging in associates of the individ- of challenges that they are surfacing. Levinson-Waldman, senior counsel ual being investigated, or anyone who The Brennan Center says, “There in the Brennan Center’s Liberty and had a tie to a license plate over that is little indication that social media National Security Program. period. monitoring programs—or the algo- Another concern in social media An ICE spokesperson, Matthew rithms that sometimes power them— monitoring programs is the increas- Bourke, defended the use of license are effective in achieving their stated ing use of algorithmic tools to review plate information for investigations, goals. Additionally, there is evidence social media posts. These tools, which saying the agency was not building that DHS is using personal informa- include natural language processing its own database and that it would tion extracted from social media posts and algorithmic tone and sentiment not use the data to track individuals to target protestors and religious and analysis, have high error rates. This with no connection to ICE enforce- ethnic minorities for increased vetting makes it questionable that they are ment. ICE doesn’t take action against and surveillance.” actually capable of achieving DHS someone solely based on license plate According to the Brennan Center, objectives, particularly because of the data, he wrote in an email, adding the social media monitoring is used open-ended nature of the evaluations that the agency limited database access across various arms of DHS, includ- they are used for, such as identifying to ICE employees who “need [license ing Customs and Border Protection national security threats. Further, the plate] data for their mission-related (CBP), the Transportation Security algorithms are susceptible to bias. purposes.” Administration (TSA), US Immigra- “Our experience with algorithmic The ACLU has called on cities to tion and Customs Enforcement (ICE), tools shows that they tend to oper- reject contracts for license plate sur- and US Citizenship and Immigration ate in a discriminatory fashion,” said veillance, to stop sharing this kind of Services (USCIS). Faiza Patel, co-director of the Bren- data with ICE, and to pass proactive nan Center’s Liberty and National

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Security Program. “They make judg- certain types of data, either three series. In an overview of how new ments based on proxies, and when months or eighteen months. After camera technology threatens privacy these proxies reflect biases, the results that, the information is automatically he, wrote: produced by an algorithm simply deleted. For now, the auto-delete fea- reproduce those biases. For example, ture is only available for “Web & App Advances in computer vision are the biases evident in the early ver- Activity,” which tracks searches and giving machines the ability to dis- sions of the Trump administration’s other browsing data. The company tinguish and track faces, to make Muslim ban could be coded into an will offer options across more services guesses about people’s behaviors and algorithm, resulting in the flagging in the future. intentions, and to comprehend and of many Muslims as a national secu- By default, however, Google will navigate threats in the physical envi- rity threat.” Since even before the continue to indefinitely retain the ronment. In China, smart cameras sit ban, federal agencies such as the FBI web and app activity data accord- at the foundation of an all-encom- and the Department of Defense have ing to users’ current settings. When passing surveillance totalitarianism used religious beliefs as markers of auto-delete is not turned on, the web unprecedented in human history. dangerousness. and app activity page says, “Your In the West, intelligent cameras are One barrier to addressing DHS’s activity is being kept until you delete now being sold as cheap solutions to expansion of its social media moni- it manually.” nearly every private and public woe, toring programs is the lack of visibil- At the same I/O conference, Goo- from catching cheating spouses and ity into the full scope of the depart- gle announced a “privacy pledge” for package thieves to preventing school ment’s surveillance capabilities, a gap its smart home devices, apparently in shootings and immigration violations. the Brennan Center report seeks to response to revelations that some Nest address. devices contained a previously undoc- Among recent developments cited in “Congress should look closely umented microphone. Manjoo’s column: at these DHS programs and ask the The company also announced a basic questions,” said Patel. “In what new measure meant to expand the ● In May, San Francisco’s board of contexts is the Department moni- security offerings for Nest accounts— supervisors voted to ban the use toring social media? How is it veri- perhaps because of an epidemic of of facial-recognition technolo- fying the accuracy of accounts being Nest account takeovers. Beginning gy by the city’s police and other attributed to individuals? What kinds this summer, users will be able to agencies. of decisions is it using this data for? migrate their Nest accounts into a ● Detroit signed a $1 million deal How is the information being shared? new or existing Google account so with DataWorks Plus, a facial rec- And how is the effectiveness of these they can have access to Google secu- ognition vendor, for software that programs being measured?” Reported rity features like suspicious activity allows for continuous screening in: brennancenter.org, May 22, 2019. monitoring and expanded options of hundreds of private and public for two-factor authentication. (Nest cameras set up around the city. Mountain View, California already offers two-factor authentica- ● Some police departments want to For users concerned that Google col- tion, so users can activate that to ward use “facial recognition on forensic lects too much of their personal data, off takeovers without linking even sketches . . . a process riddled with will Google’s new security and pri- more data to their Google account.) the sort of human subjectivity that vacy features satisfy them? Reported in: wired.com, May 7, 2019. facial recognition was supposed to At its annual I/O developer con- obviate.” ference in Mountain View, Califor- San Francisco, California; nia, on May 7, 2019, Google touted Detroit, Michigan, and Manjoo concluded: new settings that allow anyone with a nationwide Google account to start limiting how “What are we going to do about all What sort of rules should we impose long their data gets stored. The com- the cameras?” on law enforcement’s use of facial pany also announced changes to its That question keeps New York recognition? What about on the use Nest home security system. Times columnist Farhad Manjoo up of smart cameras by our friends and The new data settings allow users at night, he related in an opinion col- neighbors, in their cars and doorbells? to set a time limit for Google to retain umn in the Time’s “Privacy Project” In short, who has the right to surveil

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others—and under what circum- members who use the app. This system currently. But no federal or stances can you object? means that many people in the photos state law would prevent use of the It will take time and careful study have no knowledge of or control over technology. to answer these questions. But we their images being uploaded, even if Facial recognition has long been have time. There’s no need to rush the Ever app user consented to the used on static images, but using the into the unknown. Let’s stop using firm’s privacy policy. technology with real-time video is facial recognition immediately, at And the privacy policy was vague. less common. It has become practi- least until we figure out what is going In the previous privacy policy, the cal only through recent advances in on. only indication that the photos would AI and computer vision, although be used for another purpose was a sin- it remains significantly less accurate Reported in: New York Times, May gle line: “Your files may be used to than facial recognition under con- 16, 2019. help improve and train our products trolled circumstances. and these technologies.” Privacy advocates say ongoing use San Francisco, California On April 15, one week after NBC of the technology in this way would When people store, share, or save per- News first contacted Ever, the com- redefine the traditional anonymity of sonal photos on a commercial website, pany added a sentence to explain what public spaces. “Historically we hav- should they be informed if the corpo- it meant: “Some of these technologies en’t had to regulate privacy in pub- ration will use their photos in its facial may be used in our separate products lic because it’s been too expensive for recognition technology? and services for enterprise customers, any entity to track our whereabouts,” The Ever AI website promotes that including our enterprise face recog- says Evan Selinger, a professor at the the company possesses an “ever- nition offerings, but your files and Rochester Institute of Technology. expanding private global dataset of 13 personal information will not be,” the “This is a game changer.” billion photos and videos” from what policy now states. Reported in: NBC According to the report, Detroit the company said are tens of mil- News, May 9, 2019. first purchased a facial recognition lions of users in 95 countries. Ever AI system capable of real-time analysis in uses the photos in developing its face Chicago, Illinois, and July 2017 as part of a three-year con- recognition technology, which the Detroit, Michigan tract related to an unusual commu- company says can estimate emotion, How invasive and pervasive are facial nity policing program called Project ethnicity, gender, and age. A com- recognition technologies used by Greenlight. To deter late-night crime, pany representative confirmed in an police and other authorities in US gas stations and other businesses interview with NBC News that those cities? hooked up cameras that fed live sur- photos come from users of the firm’s A report by the Center on Privacy veillance footage to police department Ever app, which offers people a way to and Technology at the Georgetown analysts. The program expanded over store photos and save memory space in University law school, published on the years to stream footage to police their electronic devices. May 16, 2019, and entitled America from more than 500 locations, includ- After NBC News asked the com- Under Watch: Face Surveillance in the ing churches and reproductive health pany in April if users had consented to United States, uncovered unregulated clinics. their photos being used to train facial systems in Chicago and Detroit that Chicago’s adoption of FaceWatch recognition software that could be give police the ability to identify faces Plus goes back to at least 2016, the sold to the police and the military, the from surveillance footage in real time. report says. According to a description company posted an updated privacy Both cities purchased software from a of the program—found in DataWorks policy on the app’s website. South Carolina company, DataWorks Plus’ pitch to Detroit—the “project Previously, the privacy policy Plus, according to contracts obtained objective” involved tapping into Chi- explained that facial recognition by the Georgetown researchers. A cago’s 20,000 street and transit cam- technology was used to help “orga- description on the company’s website eras. Chicago police told the research- nize your files and enable you to share says the technology, called FaceWatch ers the system was never turned on. them with the right people.” The app Plus, “provides continuous screening Illinois is one of only three states with has an opt-in face-tagging feature and monitoring of live video streams.” biometric-identification laws that much like Facebook that allows users Chicago claims it has not used its require consent from people before to search for specific friends or family system; Detroit says it is not using its companies collect biometric markers,

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like fingerprints and face data, but are simultaneously more likely to and would likely be the subject of public agencies are exempted. be enrolled in face recognition legal action. Georgetown’s findings show how databases and to be the targets The new law, which goes into the lack of federal rules on facial rec- of police surveillance use. Com- effect on July 1, 2020, would require ognition may create a patchwork of pounding this, studies continue providers to ask for permission before surveillance regimes inside the United to show that face recognition they sell or share any of their cus- States. In Chicago and Detroit, citizens performs differently depending tomers’ data to a third party. The in public are watched by cameras that on the age, gender, and race of the law would also apply to telecom- could be connected to software check- person being searched. This creates munications companies that provide ing every face passing by. Police in the risk that African Americans access to the internet via their cellular Orlando and New York City are test- will disproportionately bear the networks. ing similar technology in pilot projects. harms of face recognition mis- The law is modeled on a US Fed- For millions of others in New York identification. eral Communications Commission City, Orlando, and Washington, D.C., rule, adopted under the administra- face surveillance is also on the hori- The Center on Privacy & Technol- tion of President Obama but over- zon. And for the rest of the coun- ogy said the in the two years since it turned by the administration of Presi- try, there are no practical restrictions issued an earlier report on police use dent Trump in 2017. The rule blocked against the deployment of face sur- of face recognition technology in the an ISP from selling a customer’s per- veillance by federal, state, or local law United States, “a dramatic range of sonal data, which is not prohibited enforcement. abuse and bias has surfaced.” under federal law. The Georgetown report said there Therefore, the Georgetown report According to the Press Herald, “The has been little public oversight of ends with a recommendation: “We law is unlike any in the nation, as such systems in Chicago, Detroit, or now believe that state, local, and fed- it requires an ISP to obtain consent elsewhere. eral government should place a mor- from a consumer before sharing any Such surveillance “risks fundamen- atorium on police use of face recog- data. Only California has a similar tally changing the nature of our pub- nition. . . . Once bans or moratoria law on the books, but it requires con- lic spaces,” according to the George- are in place, communities can stop to sumers to “opt out” by asking their town report. It lists specific concerns: think about whether face surveillance ISP to protect their data.” should be allowed in their streets and The Maine bill passed with strong ● Free Speech. When used on neighborhoods.” Reported in: America bipartisan support. Reported in: Port- public gatherings, face surveillance Under Watch, May 16, 2019; wired. land Press Herald, June 6, 2019. may have a chilling effect on our com, May 17. First Amendment rights to un- Lockport, New York abridged free speech and peaceful Augusta, Maine Which school district will become the assembly. Will a new law protecting consumers’ first in the United States to implement ● Privacy. If mounted on churches, privacy online in Maine affect how a facial recognition system to track all health clinics, community cen- internet service providers (ISPs) do the visitors, students, faculty, and staff ters, and schools, face surveillance business in other states as well, or will members in its schools? cameras risk revealing a person’s court challenges prevent the law from The Lockport City School District “familial, political, professional, going into effect? in Western New York state was set religious, and sexual associations,” On June 6, Maine Governor Janet to activate a pilot version of its Aegis the very “privacies of life” that Mills signed into law a bill that the system on June 3, 2019, and planned the Supreme Court in Carpenter Portland Press Herald said requires ISPs make the whole system operational v. United States (2018) suggested to provide “the strictest consumer pri- throughout its eight schools in Sep- receive protection under the US vacy protections in the nation.” tember. However, on May 30, the Constitution. Before the bill’s passage, several New York State Department of Edu- ● Bias. The risks of face sur- technology and communication trade cation asked Lockport to delay its use veillance are likely to be borne groups told the Maine legislature that of facial recognition technology on disproportionately by communi- it may be in conflict with federal law students. ties of color. African Americans

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In March 2018, Lockport anyone believed to pose a threat based Reported in: Buzzfeed, May 29, announced plans to install facial rec- on credible information presented May 30, 2019. ognition security, funded through to the District.” The Lockport Jour- the New York Smart Schools Bond nal reported that Aegis also includes Salt Lake City, Utah Act—an act meant to help New York an object recognition system, which Do police need a warrant to obtain schools acquire instructional tech- is said to be able to detect 10 types of citizens’ private information from nology. Instead of buying electronic guns. providers of electronic data services? devices for students and teachers, The FAQ adds that the system In Utah, the answer is yes. Lockport proposed a high-tech secu- “will not generate information on or Utah Governor Gary Herbert on rity system, and allocated much of record the movements of any other March 17, 2019, signed a new pri- the $4.2 million it was given toward district students, staff or visitors,” vacy law that made his state the first adding dozens of surveillance cameras but previous reporting from Buzz- to protect private electronic data, in the school and installing the facial Feed News has shown that in order to stored with third-party providers, recognition system Aegis, from a effectively flag the faces of “persons from government access without a Canadian firm, SN Technologies. By of interest,” facial recognition systems warrant. Under the legislation passed the end of May 2019, Lockport had must also disregard the faces of per- unanimously by the Utah legisla- spent $1.4 million to get the system sons who are not of interest. In other ture, to go into effect on May 14, law up and running. words, it analyzes them, too. enforcement agencies need a warrant The American Civil Liberties Explaining its decision to post- to obtain information about an indi- Union, which wrote to the state pone facial recognition in Lock- vidual from wireless communications Department of Education opposing port’s schools, the New York State providers, email platforms, search Lockport’s plan, told BuzzFeed News Department of Education emailed a engine providers, or social media that Lockport was about to be the first statement: companies. public school district to begin using Previously, on both the federal and a facial recognition system, although The Department is currently review- state levels, law enforcement agencies other schools have considered such ing the Lockport CSD’s privacy generally had access to information technology. assessment to ensure that student data through third-party providers on the As described by Lockport officials will be protected with the addition grounds that individuals have no rea- in an FAQ distributed to the school’s of the new technology. The Depart- sonable expectation of privacy when parents and obtained by BuzzFeed ment has not come to the conclusion they share their personal information News, “Aegis is an early warning that the District has demonstrated with third parties. system that informs staff of threats the necessary framework is in place The US Supreme Court limited including guns or individuals who to protect the privacy of data sub- that access in 2018 in its 5–4 opinion have been identified as not allowed jects and properly secure the data. As in Carpenter v. United States, in which in our buildings. Aegis has the ability such, it is the Department’s contin- the majority held that the govern- [to screen] every door and throughout ued recommendation that the Dis- ment’s search of personal cell phone buildings to identify people or guns. trict delay its use of facial recognition location information held by a wire- Early detection of a threat to our technology. less communications provider con- schools allows for a quicker and more Regulations are in the process stitutes a Fourth Amendment search, effective response.” of being finalized that will adopt a and therefore requires a warrant. According to the FAQ, Aegis will standard for data privacy and security However, the opinion did not extend track individuals who are “level 2 or for all state educational agencies. We beyond location information, and the 3 sex offenders, students who have recommended in past communication dissenting justices urged that legisla- been suspended from school, staff that the District consider reviewing tion was needed to govern this body who have been suspended and/or are the standard and related materials in of law in a new age of technology. on administrative leave, any persons developing and refining its data secu- Utah’s new law specifically states that have been notified that they may rity and privacy program. We will that “a law enforcement agency may not be present on District property, remain in contact with school district not obtain, without a search war- anyone prohibited from entry to Dis- officials. rant issued by a court upon probable trict property by court order . . . or cause,” the location information from

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an electronic device or “electronic technology uses artificial intelligence not they want to purchase a record- information or data transmitted by the to manipulate images and videos ing plan. . . . Ring does not support owner of the electronic information nearly seamlessly, for example to put programs that require recipients to or data to a remote computing service one person’s face on another per- subscribe to a recording plan or that provider.” The law defines “elec- son’s body.) An updated law, which footage from Ring devices be shared tronic information or data” broadly took effect on July 1, 2019, amends as a condition for receiving a donated to include “a sign, signal, writing, an existing law that says anyone who device.” image, sound, or intelligence of any shares or sells nude or sexual images More than fifty local police depart- nature transmitted or stored in whole and videos to “coerce, harass, or ments across the United States have or in part by a wire, radio, electro- intimidate” is guilty of a Class 1 mis- partnered with Ring over the last two magnetic, photoelectronic, or pho- demeanor. The update adds language years, giving them access to security tooptical system.” about “a falsely created videographic footage in suburban neighborhoods There are specific exceptions, such or still image.” that otherwise might not be covered as when the third-party provider The Virginia General Assem- by security cameras. believes an emergency exists with risk bly passed the updated bill in March, Amazon bought Ring in 2018 for a of death, serious physical injury, or and it was signed by Governor Ralph reported $1 billion, helping Amazon sexual abuse. Northam in the same month. expand its “smart homes” business. Among other things the bill: Deepfakes are leading to growing Multiple cities have laws requiring concern about privacy. In June 2019, a public process to debate how police ● Requires a search warrant to ob- an app called DeepNude, which can use and buy surveillance technology. tain certain electronic information morph pictures of clothed women But when police and Amazon con- or data; into nudes, shut down. Samsung also vince private residents to buy these ● Specifies when notification must developed an artificial intelligence cameras, this can circumvent that be provided that electronic infor- system that can create a fake clip process while saving the city money. mation or data were obtained; from a single picture. In 2018, Reddit Ring cameras can cost between $99 ● Regulates transmission of elec- banned deepfake porn. Reported in: and $500. tronic information or data to a cnet.com, July 1, 2019. Police can get additional infor- remote computing service, includ- mation by adding their own tech- ing restrictions on government Seattle, Washington, and nology to that of Ring and Amazon. entities; nationwide Depending on how the Ring camera ● Provides that the individual who Amazon’s “Ring” doorbell system is set up, it can capture motion on the transmits electronic information “has essentially created private sur- streets, such as cars passing by. Police or data is the presumed owner of veillance networks powered by Ama- can enter details on a car from Ring the electronic information or data; zon and promoted by police depart- footage into an automated license and ments,” according to cnet.com. plate reader system, and figure out the ● Excludes from evidence electron- Police departments across the car’s owner and address. Reported in: ic information or data obtained United States have offered free or cnet.com, June 5, 2019. without a warrant. discounted Ring doorbells to citi- zens, sometimes using taxpayer funds Seattle, Washington Reported in: le.utah.gov, n.d.; to pay for Amazon’s products. While Does Amazon’s Echo Dot Kids, a Cyber Adviser, March 28, 2019; Data Ring owners are supposed to have a smart speaker designed for children, Privacy + Security Insider, April 1. choice in providing footage to police, illegally keep data on children, even in some giveaways, police require after their parents try to delete it? Richmond, Virginia recipients to turn over footage when A coalition of nineteen consumer Does publication of fake images vio- requested. and public health advocates led by the late a victim’s privacy the same way Ring said on June 4, 2019, that it Campaign for a Commercial-Free publication of actual images would? would start cracking down on those Childhood (CCFC) and the Center Virginia has expanded its ban strings attached. “Ring customers are for Digital Democracy (CDD), filed on revenge porn to include “deep- in control of their videos, when they a complaint asking the Federal Trade fake” images and videos. (Deepfake decide to share them and whether or

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Commission (FTC) to investigate INTERNATIONAL regulators and is committed to com- Amazon and its $35 device. Dublin, Ireland plying with the GDPR. Reported in: Amazon markets the device as “a Is Google complying with Europe’s Reuters, May 22, 2019. kid-friendly study buddy, DJ, come- new General Data Protection Regula- dian, storyteller, and more,” and tion (GDPR)? Luxembourg City, promises “peace of mind” for parents Ireland’s Data Protection Com- Luxembourg who want to screen explicit music missioner (DPC), a major regulator of Should internet service providers and and other potentially harmful content internet companies in the European other electronic platforms be held from their kids. But the complaint Union, opened its first investigation responsible when users post material alleges that parents may be risking into Google on May 22, 2019, over that infringes on the content creator’s their children’s privacy, alleging that how it handles personal data for the copyright? And will the European the kids’ version of Amazon’s Alexa purpose of advertising. Union’s new Copyright Directive won’t forget what children tell it, The commissioner said the probe lead to excessive censorship as plat- even after parents try to delete the was the result of a number of submis- forms try to protect themselves from conversations. sions against Google, including from liability? “These are children talking in privacy-focused web browser Brave. In March 2019, the European their own homes about anything and Brave argued that when a person vis- Union passed the burden for copy- everything,” said Josh Golin, who its a website, Google collects inti- right infringement from users to plat- directs the Campaign for a Commer- mate personal data that describes them forms under its new Copyright Direc- cial Free Childhood. “Why is Ama- and what they are doing online and tive. In May 2019, Poland, a member zon keeping these voice recordings?” broadcasts the data to tens or hun- of the EU, filed a legal challenge to The coalition of groups led by dreds of companies without the per- the directive, saying that it will lead Golin’s organization, along with son’s knowledge. to “preventive censorship.” Georgetown University’s Institute The Irish DPC said it would inves- The Copyright Directive was first for Public Representation, allege that tigate whether processing of personal proposed in 2016, and went through Amazon is violating the federal Chil- data carried out at each stage of an numerous failed votes and subsequent dren’s Online Privacy Protection Act advertising transaction was in compli- tweaks before it was passed. Propo- (COPPA). ance with the GDPR. The European nents of the law said that it was about Amazon said in a statement that its Union passed the privacy law in 2018. making sure fair compensation went Echo Dot Kids Edition is compliant Many large international tech- to content creators—news sites, musi- with COPPA. nology firms have their European cians, or artists, for example. It is unclear whether the FTC will headquarters in Ireland, putting them Yet critics—including the Pol- take up the complaint, since its inves- under the watch of the Irish DPC. ish government—say the law’s vague tigations are rarely public. But the The regulator said earlier this definitions and a lack of clarity about agency has been enforcing children’s month that it had fifty-one large-scale how to enforce such measures means privacy rules more seriously in the investigations under way, seventeen that platforms are likely to over-filter past year, said Allison Fitzpatrick, a of which related to large technology content rather than leave themselves lawyer who helps companies comply firms, including Twitter, LinkedIn, open to legal risks. with COPPA requirements and was Apple, and Facebook and its In its filing with the European not involved in the complaint. WhatsApp and Instagram subsidiaries. Union’s Court of Justice in Luxem- For the FTC to take notice, how- Under the EU’s GDPR, regulators bourg, the Polish government says ever, Fitzpatrick said there usually have the power to impose fines for that the Copyright Directive “may needs to be evidence of “real, actual violations of up to 4 percent of a com- result in adopting regulations that are harm,” not just the theoretical harm pany’s global revenue, or 20 million analogous to preventive censorship, she said advocacy groups often out- euros, whichever is higher. which is forbidden not only in the line. Reported in: CBS News, May 9, When Brave raised its privacy Polish constitution but also in the EU 2019. concerns about Google in Septem- treaties.” ber 2018, Google said it had already Alongside the announcement, Pol- implemented strong privacy protec- ish Prime Minister Mateusz Moraw- tions in consultation with European iecki, tweeted that the new law is “a

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disproportionate measure that fuels users breaching rules as long as the something they don’t own the rights censorship and threatens freedom of company took reasonable steps to to. Reported in: techspot.com, May expression.” remove anything infringing. Under 27, 2019. Under prior copyright law, plat- the new system, a platform would forms were not responsible for their be liable the moment a user uploads

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LIBRARIES million acres of land for the United prince falls in love with a knight, Park Ridge, Illinois States. In return, signatory tribes a local teacher, Sherry Stockholm, “Indians Cede the Land” by George received $100,000 in trade goods, objected in a letter to the editor to Melville Smith, one of the historic $280,000 in twenty annual payments the Daily Inter Lake. Stockholm’s let- Works Progress Administration of $14,000 each, and $150,000 for the ter said she considers the topic of gay (WPA) murals painted during the erection of mills, houses, etc. The marriage to be “totally inappropri- Great Depression, will stay inside the treaty does not list any land to be held ate for an audience of pre-schoolers,” Park Ridge city library—but with for the tribes so one wonders where and was disappointed the librarian did some additional historical context, the houses and mills would be built. not provide notification that it would Heidi Smith, executive director of the The United States government often “introduce such a controversial subject library, announced in May 2019. did not honor its treaties with Native to innocent children.” The newspa- Other WPA murals have been Americans and most tribes do not per printed the letter on April 4 along removed from schools in nearby receive what they were promised as with the library’s policies for book Oak Park, following complaints that payment for land cessions. selection when building its inventory. they do not reflect the community’s Since the letter, library staff said diversity. Officials said they did not yet know they received about seventy public Smith’s oil on canvas mural depicts when the library’s informational bro- comments regarding the book and Native Americans and white govern- chure on the mural would be updated subsequent reading. Some commen- ment agents and was created in 1940 to include the new language. tary challenged the book as being part as part of a government program that Smith said she reached out to Pel- of the library’s collection in general, commissioned art to be created letier in summer 2018, around the requesting it be removed from the for federal buildings. It hung for time that a patron inquired if the shelf. Most of the comments offered many years in the former Park Ridge mural was insulting to Native Ameri- words of support to ImagineIF for Post Office and was restored in 2013 cans and questioned whether it should offering gay-friendly material and for through a volunteer-led fundraising continue to have a “place of honor” in choosing to read them aloud. campaign. the library. The Board of Trustees at a pub- Printed pamphlets describing the Pelletier acknowledged that the lic meeting on May 1, 2019 voted to history and restoration of the “Indi- portrayal of Native Americans in keep the book on the shelf. Board ans Cede the Land” mural will be such a prominent piece of art was Chair Michael Morton said the library updated to include expanded histor- “unusual” for the time it was created, also will work on creating policies for ical context of the scene, based on but it was not necessarily an accu- various programs, including storytime information provided to the library rate portrayal. It may also be viewed sessions. When created, the policies last year by Julie Pelletier, an associate as offensive to native people, which will be made public on ImagineIF’s professor of indigenous studies at the is why it is important to “put the website, alongside the already-existing University of Winnipeg. The addi- mural into perspective” by consider- policies for considering which books tional information explains that when ing the heightened nationalism of the should be added to their collection. US government treaties were signed period when it was painted and the ImagineIF Library Director Con- with Native American tribes, they actual history of government treaties, nie Behe reiterated ways in which often were not honored by the gov- Pelletier said. Reported in: Chicago Prince & Knight meets ImagineIF’s ernment, Smith said. Tribune, May 16, 2019. guidelines for its collection devel- Pelletier’s information states: opment, which are available online. Kalispell, Montana According to the library’s website, The act of ceding land by Native Prince & Knight (2018) by Daniel criteria includes customer demand and Americans was involuntary and typ- Haack, a LGBTQ-friendly children’s interest, the author’s reputation and ically done under duress. In return book, will remain on the shelf at the significance as a writer, and critical for vast tracts of land, tribes might Kalispell ImagineIF Library, despite reviews. Reported in: Daily Inter Lake, be promised goods, money, reserved suggestions to remove it. May 2, 2019. lands (reservations) and protection After a storytime session for from encroaching settlers . . . . The pre-schoolers on March 18 featured Treaty of Chicago gained over a the illustrated fairytale, in which a

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Belleville, New Jersey Jewish Voice for Peace sponsored The Vaad Harabonim of Raritan A rainbow flag in honor of LGBTQ the event featuring Bashi, a Middle Valley, an Orthodox rabbinical coun- Pride Month was temporarily taken East studies instructor at nearby Rut- cil, made a statement in support of the down but restored to a flagpole out- gers University in New Brunswick, decision. “We prefer this compromise side the Belleville Public Library. New Jersey. Bashi was scheduled to for the sake of public safety and to A “Drag Queen Story Time” event read to children on May 19, 2019. A avoid potentially toxic confrontations scheduled to take place at the library large swath of Highland Park’s Jew- between opposing sides,” the council on Saturday, June 22, 2019, along ish community objected, primar- said. with the raising of the rainbow flag ily because of language in the book Not every Jewish community inspired a flurry of comments from that whitewashed the word “Inti- member or even every rabbi in the the Belleville community. Some com- fada,” casting the term as a peaceful Highland Park area was in favor of the ments have been in opposition, but term meaning “to stand up for what’s compromise. many more in support, library staff right.” Even more concerning, said “Imagine that people wrote a book reported. members of the community who read called T Is for Tiananmen Square, Mia Torres, head of circulation, the book, it was written with no men- and didn’t talk about the massacre said that the rainbow flag was tempo- tion of the existence of Israel or the that occurred there,” said Rabbi Eliot rarily taken down while staff figured Jewish people, though many of the Melomet, rabbi of the Highland Park out a way for it to be properly dis- locations included in the book appear Conservative Temple/Congregation played in conjunction with a US flag, in both the Israel of the Bible and, Anshe Emeth, in an interview. “It which is also on display outside the subsequently, modern-day Israel. provides legitimacy to this book and library. After the reading was postponed, makes the children’s reading room a It was soon put back up with the Council of American-Islamic battleground for ideology and propa- another addition, a banner bearing a Relations, the Jewish Voice for Peace, ganda. We need to unmask the lies message of peace that will hang at the Palestine Legal, the Center for Con- that are being presented here. That front of the building “well beyond stitutional Rights and the ACLU book is being presented as an exer- Pride Month,” Torres said. of New Jersey all insisted that the cise in tolerance and understand- “While we did in fact receive a event be rescheduled. The American ing, but that is a lie, by renowned handful of calls wanting the Pride flag Library Association’s Office for Intel- provocateurs.” removed and storytime cancelled, we lectual Freedom informed Library He added, “I realize it [the com- also received many calls wondering Director Jane Stanley that it was promise] is for the sake of shalom bayit why we had taken it down, with tes- ALA’s advice to move forward with (‘peace’), but it kicks the issue down timonies as to why we need it flown the event, citing free speech concerns the road.” Reported in: Jewish News here in Belleville,” Torres explained. and potential threats of legal action Syndicate, June 5, 2019. “We followed up with a Facebook if the event were to be permanently post letting all know that it was back canceled. Montclair, New Jersey up.” A public meeting of the library’s An anti-Trump painting entitled According to Torres, the Bel- board of trustees in Highland Park to Hello Shitty, Available in a White House leville Public Library exists to serve discuss the issue on June 5 drew so Near You! (Grab Him by His Pussy) by the community . . . and that includes much interest that the meeting was Gwenn Seemel was reinstalled at an everyone in it. Reported in: Bel- cancelled to due to crowd control and exhibition called “Fear and Love” leville-Nutley Patch, June 12, 2019. security concerns. at the Montclair Public Library in On the advice of counsel, trustee Montclair, New Jersey. Highland Park, president Bruce Walker decided that The satirical painting featured New Jersey the library would simply reschedule President Trump with his signa- P Is for Palestine (2017), a self-pub- the P Is for Palestine author talk, and ture “Make America Great Again” lished book by Golbarg Bashi, Ph.D., “the library will schedule a program cap changed to “Make America was returned to the schedule of author around the book I Is for Israel by Gili White Again,” and a mock-up of the talks at the Highland Park Public Bar-Hillel and Prodeepta Das as soon Hello Kitty brand, with the “Kitty” Library, after vocal protests. as possible.” changed to “Shitty.” It was part of

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an exhibit featuring the works of six with his crimes. And in my small way create something that speaks to the artists. I can make sure that he doesn’t get past, present, and future of the RFK Studio Montclair, which organized away with everything.” campus.” the exhibition, had said it took down The artist added: “For the record, The school district will re-allocate the painting because of the library’s I’d like to say that I don’t think any- the funds earmarked for removal to policy prohibiting profanity. In addi- one in this situation did anything fund the work of altering the mural. tion to the obscenity in its title, there wrong.” Reported in: Patch Montclair, Reported in: ncac.org, December are obscene words in the painting April 11, 2019; Newsweek, April 12; 7, 2018, December 17, May 30, 2019. itself, although they are not easily NJarts.net, April 12. noticed at first glance. Stockton, California Yet, according to library director SCHOOLS The Bruin Voice, the student newspa- Peter Coyle, the library has no such Los Angeles, California per at Bear Creek High School Stock- policy about profanity. A mural by artist Beau Stanton, hon- ton, California, withstood threats After news reports, including a oring actress Ava Gardner, will be from the Lodi Unified School District national story on Newsweek.com, retained on the exterior wall of Rob- administration, and on April 26, 2019 covered the removal of the painting in ert F. Kennedy Community Schools’ published a profile of an eighteen- early April 2019, Coyle and Seemel, high school gym in Los Angeles, year-old student who works in the along with Studio Montclair Presi- under a compromise in which the art- porn industry. dent RitaMarie Cimini and Studio ist will oversee changes to the work. Administrators wanted to review Montclair Executive Director Susanna Originally, the mural’s background the story ahead of time, and had Baker, met to discuss the matter. had rays behind the actress’s head. threatened to dismiss the paper’s “After clearing up the misunderstand- Members of the surrounding com- adviser if she did not comply. The dis- ing about the prohibition against vul- munity, which is ethnically Korean, trict backed down following an attor- garity, we installed the piece,” said complained that rays resembled the ney’s review of the article. Cimini, adding: “It is never Studio Rising Sun flag of Imperialist Japan. “Because we are charged with the Montclair’s intention to censor free- This complaint led the superintendent education and care of our communi- dom of expression.” of the Los Angeles Unified School ty’s children, we will always be dil- Explaining Studio Montclair’s District to remove the mural in igent in our efforts to provide a safe actions, Baker told Patch.com that December 2018. The National Coa- learning environment for all students, in previous collaborations with the lition Against Censorship and others while complying with our obligations library, they had been asked not to pushed back against the superinten- under the law,” the district said in a display artwork with nudes or curse dent’s decision. press release. words. “The title of the piece on The mural was created as part of Bruin Voice news editor Bai- all our documentation was ‘Hello an arts initiative at the school, which ley Kirkeby wrote the article, titled Kitty . . .’ and the curse words were involved workshops and seminars “Risky business: starting a career in not obvious to us in the images we with students, with a grant from the the adult entertainment industry.” had seen of the work prior to the Kennedy Foundation. Although student journalists are installation.” Stanton reflected on the outcome protected under the First Amend- The painting was back on display of the controversy: “Over the past ment, content that is obscene, libel- in the library within a week of its several months I have had the oppor- ous, slanderous, incites unlawful or removal, until the scheduled closing tunity to meet with a diverse cross dangerous acts, or may disrupt the of the exhibit on April 29. section of stakeholders regarding my school day can be censored. Stu- Seemel, in a Facebook video dis- mural, including students, faculty, dent journalists have some protec- cussing the exhibit, said the painting fellow artists, and members of the tions against administrative censorship grew from her feeling “that this man Koreatown Community. These inter- under California’s “New Voices” was not fit to be president.” actions have allowed me to synthe- legislation, passed in 1977. She added, “I can’t make him go size a solution that aims to rise above Adviser Kathi Duffel origi- away . . . but I can paint his portrait. the original binary conversation of nally refused to agree to any prior I’m a professional portrait artist. I can ‘keep or remove the mural’ in order review, citing the students’ rights to paint his portrait and surround him to build upon the original work and free speech. She told the Associated

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Press that the article, “will help stu- decided to reverse its decision and let to play,” he said. “And I think that’s dents think more critically about the the show go on. so incredibly the wrong message to be choices they do make at this age in In a letter sent to students and par- sending to kids.” their lives.” ents, the principal apologized “for Some parents said they’re just According to statements by the not being more diligent in selecting relieved the kids got the chance to school district, the district and Duffel the play at the beginning” and said he perform, after being crushed by the later agreed on an independent review understood the anger, confusion, and sudden cancellation in April. They of the article by a third-party lawyer frustration that the sudden cancella- had been rehearsing for months. before publication. tion had caused. PGCPS has already said that its The student who is profiled in the Jamie McGonnigal, an LGBTQ Department of Creative and Perform- story said that she supports publication advocate who has a child who will ing Arts will be reviewing its guide- of the article to dispel rumors. “I’m one day attend Hyattsville Middle lines for age- and grade-level appro- 18, what I’m doing is legal, and I don’t School, said “I think the problem that priate theater productions, in hopes see why everyone is making such a big needs to be addressed is the homopho- of avoiding a similar situation in the deal out of it,” Caitlin Fink told the bia that was part of the decision- future. A P. making process to cancel it in the first Music Theatre International, the This is not the district’s first place,” McGonnigal has a background New York-based licensing agency attempt to censor the newspa- in theater and spent years producing for play, and said that the play is very per. According to the publication’s Broadway concerts in New York. popular in high schools, but has also “About” page, the Bruin Voice’s motto, As part of the school district’s deci- been performed by middle schools in “The Voice shall not be silenced” was sion to bring back the play, it was des- the past. Reported in: WJLA ABC7, coined after early attempts of censor- ignated PG-13, and feeder elementary May 15, 2019. ship following the paper’s establish- schools were not invited to the play. A ment in 1991. Reported in: Education sign posted at the school said “Dis- Johnston, Pennsylvania Week blog, April 30, 2019. claimer: Parental guidance suggested. The Curious Incident of the Dog in the Some material may not be suitable for Night-Time (2003) by Mark Haddon, Hyattsville, Maryland children.” a mystery novel about a teenager with The 25th Annual Putnam County In addition, all cast and crew mem- an autism-like disorder, will remain Spelling Bee (2005), a play by Wil- bers had to get signed permission on the list of books students may opt liam Finn, was performed at Hyatts- forms from their parents/guardians. to read as part of the summer read- ville Middle School on May 17 and WJLA Channel 7, the ABC tele- ing program at the Westmont Hill- 18, 2019, after an outcry from some vision news affiliate in the Wash- top School District in Johnstown, parents and LGBTQ advocates when ington, D.C. area, reported that two Pennsylvania. the show was abruptly cancelled parents are now playing the roles of The district’s board of directors on by Prince George’s County Public the two gay dads who are featured in May 16, 2019, voted 6–2 (with one Schools (PGCPS) officials the previ- the play. It is unclear whether students member absent) to retain the book, in ous month. were originally cast in those roles, a meeting that drew one of the biggest The school principal said the deci- prior to the controversy over the play’s crowds in its history. sion to cancel was not based on the content. A spokesperson for Prince Jeffrey Masterson, the president of presence of gay characters in the George’s County Public Schools said the school board, said that the “many” musical comedy. Instead, he said, it the parents volunteered for those complaints he received about the book was because “concerns arose over the roles—but she could not yet say why fell into one or more of three cate- production’s use of profane language, or when that change was made. gories—complaints about the foul racial jokes, and sexual innuendo/ Several community members told language it contains, complaints that content and its appropriateness for our ABC7 they were disappointed to hear its profane use of God’s name offends young performers and even younger that update. McGonnigal agreed. “If Christian sensibilities, and complaints children in the audience.” there are only adults playing the gay that it includes a negative portrayal of But in response to community con- characters, it sends a message that a character with autism or a similar cerns, the school district ultimately there’s something wrong with those disorder. roles, that they’re not suitable for kids

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Lisa Drennen, one of the board sheriff’s office in early June 2019 to African American history, race, members who voted against leav- revised a policy that had prohibited and social change, between Novem- ing the book on the reading list, gave inmates from receiving publications ber 2018 and January 2019—but they the report of the board’s curriculum by mail or from visitors. were returned in July 2019. committee, and said that the commit- In April, the ACLU accused the The library was established by the tee did not recommend approval. She Chatham County Sheriff’s Office Education Justice Project (EJP), a col- and urged her fellow board members of violating the rights of inmates at lege in prison program at the Uni- to remove the book from the reading the county jail in Savannah, say- versity of Illinois. Members of the list, condemning what she described ing authorities had enacted one of EJP took action to see that the titles as the “vulgarity” and “blasphemies” the “most egregious book bans” in were returned, including testifying within its pages. US prisons or jails. Under the previ- at a hearing in the Illinois House of “If we, as a board, vote to pass this ous policy, which went into effect on Representatives. book, then we are condoning the March 4, 2019, inmates could only Among the materials that had been book as a good choice for our stu- select reading materials from book removed: dents,” she said. “We, as a board, carts managed by jail staff. should not be labeling vulgarity and The ACLU protested that blocking ● Uncle Tom’s Cabin (1852) by Harri- religious blasphemies as good. . . . If, reading material from friends, family, et Beecher Stowe; in the [student] handbook, a student’s and nonprofit organizations infringes ● Up from Slavery (1901), Booker T. responsibility is to avoid indecent, on prisoners’ First Amendment rights. Washington’s autobiography; obscene or inappropriate language . . . When the policy was first ● Race Matters (1994) by Harvard then why are we considering going announced, Sheriff John T. Wilcher scholar Cornell West; directly against what we, as a school claimed it was necessary to reduce ● Locking Up Our Own: Crime and board, tell our students not to do?” the amount of flammable mate- Punishment in Black America (2017) The other board member who rial in prison cells, as well as reduce by James Forman Jr., winner of voted against keeping the book on the the chance that contraband could the 2018 Pulitzer Prize for general list said before the vote that that the be smuggled in through books and nonfiction; district would not be “banning” the magazines. The contraband excuse ● Mapping Your Future: A Guide to book by removing it from its summer was recently used by Washington Successful Reentry 2017-2018 by reading list, and added that parents State Department of Corrections in the EJP, and who feel that their children should a similar, short-lived, policy, but the ● Other materials that were carefully read the book can have them read it Washington policy was lax com- curated to help students make a outside of school. pared to this, the ACLU wrote. In successful transition from the me- Another board member said before a letter to Wilcher and Chatham dium-security prison back to their the vote that schools “need to teach County Attorney, R. Jonathan Hart, community after their release. our students to grow and think crit- the ACLU declared, “We have never ically, not to shelter them from what before encountered a policy that so Prior to the return of materials, is different. . . . I think that the value completely restricts detained persons’ the prison issued a statement to the gained from understanding differ- access to books and publications.” News-Gazette of Champaign, Illinois: ences for this individual in particu- In a statement on June 6, the lar far outweighs the language used.” ACLU said the new policy allows Education is a critical component Reported in: Johnston Tribune- incarcerated people to order books of rehabilitation for those who are Democrat, May 17, 2019. and publications directly from pub- incarcerated and [the department] lishers and vendors. Reported in: values our partnership with the PRISONS acluga.org, April 10, 2019; cbldf.org, University of Illinois and the Edu- Savannah, Georgia April 16; Associated Press, June 8. cation Justice Project. Per [depart- Books and magazines can once again ment] policy, all publications must be be given to inmates at the Chatham Danville, Illinois reviewed for admittance into Depart- County Detention Center in Savan- More than 220 books were removed ment facilities. When it was discov- nah. The American Civil Liber- from the library at the Danville Cor- ered that books had entered Danville ties Union (ACLU) says a Georgia rectional Center, most of them related Correctional Center without being

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appropriately reviewed, they were Under state law, the corrections professional,” said Brian Dolinar, of removed from the facility. department can restrict books deter- the Freedom to Learn Campaign. We aim to review the books and mined to be obscene or “detrimental While the state has an official list of return them to the facility, and while to security, good order, rehabilitation books banned from prisons, Dolinar we have not yet received them back or discipline or if it might facilitate pointed out that none that were from the Education Justice Project, criminal activity or be detrimental removed or denied in Danville were we remain hopeful this will occur. to mental health needs of an offender on the list. Reported in: News-Gazette as determined by a mental health (Champaign, Illinois), June 9, 2019; smilepolitely.com, July 9.

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EDITOR’S NOTE: An increasing By the end of the event, three Jacksonville, Florida number of challenges to free expression more protesters showed up, includ- “Storybook Pride Prom” at Willow- focus on “drag queen storytimes,” where ing frequent Vallejo Times-Herald branch Library in Riverside, sched- the target is usually not the titles, con- letter-to-the-editor writer Ryan uled for Friday, June 28, 2019, was tents, nor authors of any specific books, but Messano, who often rails against cancelled on Monday, June 24, after rather who is reading them. In this version homosexuals and other issues he the library had received hundreds of of storytimes where picture books are read believes are leading the country down phone calls supporting and protesting aloud to children, performers dressed in a negative path. the event. drag (usually men dressed in theatrically One of the counter-protesters was In a switch from a typical drag feminine costumes) try to encourage both a Michael Wilson of Vallejo, aide to queen storytime, in which an adult love of reading and acceptance of diver- Solano County Supervisor Erin Han- dressed in drag reads to young chil- sity. Some of the performers and events are nigan and the city’s second openly gay dren, the Storybook Prom planned affiliated with Drag Queen Story Hour, a Councilman in the early 2000s. to give the hundred teenagers who network of local organizations that began “I’m an advocate of Pride Month signed up a chance to dress as their in San Francisco; others are independent. and the activities going on with favorite book characters, or in drag, Throughout this section, we use the acro- that,” he said. “Supervisor Hannigan for a night of music, dancing, and nym LGBTQ (lesbian, gay, bisexual, supports the Solano Pride Coali- costumes. transgender, and queer) unless a quoted tion and the good work they do. She Chris Boivin, the library’s assistant source uses a different one. and I advocate for equal rights for all director of community relations and people.” marketing, said the library canceled LIBRARIES Tom Bilbo of the Solano Pride the event over worries about whether Vallejo, California Center said he and several others were the library could provide enough Drag Queen Story Hour at Vallejo’s there to ensure the children who “safety and security for everybody John F. Kennedy Library in Vallejo, wanted to listen to story time were involved.” The library, which hosts California on June 17, 2019, drew able to do so without interference. other LGBTQ events, did not antici- parents and children to hear a book Bilbo said his group recruited pate the responses to its plans for the read by Sacramento resident “Apple Friday’s performer and that anyone Pride Prom, Boivin said. Adams,” while a lone protester with brought to read to children is thor- Prior to the cancellation, Raymond a homemade sign, and a much larger oughly vetted. The drag queen story Johnson, founder of Biblical Concepts number of Solano Pride Center hour is about getting dressed up and Ministries in Jacksonville, encouraged counter-protesters, stood outside. bringing joy to people, he said. people in an email titled “emergency The protester, Don Grundmann The Solano County Library’s dep- alert” to contact city officials and of Santa Clara, said he has formed a uty director, Jessica Jupitus, said story local pastors and demand the event be group called The California Straight hour is a regular event at the library canceled. Pride Coalition, to combat what and this one had no added agenda. Also, Elizabeth Johnston, a popular he said he believes is a movement “It’s a fun thing to do,” she said. blogger and author who goes by “The designed to groom young children to “We want to encourage people to Activist Mommy,” asked her hundreds accept aberrant behavior. come in to the library, and for young of thousands of Facebook followers, a “I go all over the place for this,” children age two to five, dress-up is week before the scheduled “Prom,” to he said. “This is a special kind of evil normal imaginative play, so, to see a call Willowbranch and “express your that must be stopped. The reading is a grown up dressed up, is fun.” disgust that this perversion is taking cover story; it’s about mentally mak- The library system welcomes all place in a taxpayer funded library.” ing the children accept degeneracy as kinds of people for its story hours, Beatrice Palmer, a local drag per- normal.” she said. “We’ve had a race car driver, former who had planned to make an His Vallejo protest was Grund- someone dressed as Supergirl, [and] appearance at the Storybook Prom, mann’s “first foray into the public police officers, read stories,” she said. said that she does not believe security arena,” he said. “But,” he claimed, “We want the community to know was a real issue for the event. branches of his coalition “are spring- it’s for everyone.” Reported in: Vallejo JASMYN, a nonprofit organization ing up all across the country.” Times-Herald, June 17, 2019. for LGBTQ youth, has hosted similar

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prom events for the last decade with- “Miss Terra Cotta Sugarbaker and humorous act wasn’t welcomed for the out issues, Palmer said. all of our LGBTQ friends are always children of Alpharetta as it has been “You know how to keep one hun- welcome at Atlanta City Hall. How in Atlanta, especially when the branch dred people in your library safe,” about we host your next story hour? invited him. Palmer said. “It is possible to keep @CityofAtlanta—let’s make it hap- He said he has a right to know on hundred kids safe in a library. But pen! #OneAtlanta,” Bottoms tweeted who is taking issue with him so he when it’s gay children, it becomes a on March 29. can properly defend himself. “By not problem.” Igarashi-Ball, who had been being provided an answer, it feels like When the Florida Times-Union involved in such events at the library discrimination and it feels like people asked the library to comment, Boivin system’s Ponce de Leon Avenue are afraid of the event, which feels said “The primary component, the branch since September 2017, said like homophobia.” real intention . . . was to make it he received an email in early March He told Project Q Atlanta, “If they’re a prom, and to make it something from Claudia Strange, who handles going to censor my event, what event where kids could discover the library marketing and public relations for the would be next? I feel like libraries in a way they may not have before. Atlanta-Fulton Public Library System. have to be safe spaces and bastions of But in the end,” Boivin added, “the “I was told that the event was freedom of speech, and I feel like this environment may have been too being cancelled by the county and goes against all of that.” Reported tumultuous for us to provide the kind not by the library, and they said that in: Project Q Atlanta, March 27, 2019; of event that we wanted to provide.” it was above the library’s decision,” Atlanta Journal-Constitution, April 1; Boivin said there has not been a Igarashi-Ball said. “I was told that all The Hill, April 4. plan to reschedule the event within of the libraries support the event and the library. Reported in: Florida wanted it to continue, but that the Rockford, Illinois Times-Union, June 25, 2019. county had say over them and that the Rockford Public Library’s first Drag county was cancelling it.” Queen Story Hour, featuring enter- Alpharetta and Atlanta, The event in Alpharetta was to be tainer Cass Downing—a transgen- Georgia the library system’s first drag queen der woman dressed in drag, whose The Atlanta-Fulton Public Library storytime at a suburban branch, out- stage name is Cass Marie Domino— System removed a “Drag Queen Story side of the Atlanta city perimeter. attracted dozens of parents and their Time” from its online calendar of When asked by the Atlanta Jour- small children to the library’s East events, cancelling without explana- nal-Constitution, neither library nor Branch on June 22, 2019, for stories tion the evert that had been sched- county officials explained why the and songs celebrating diversity and uled for April 6, 2019. It allowed the event was dropped from the calendar. inclusion. metro Atlanta drag queen Steven Jessica Corbitt-Dominguez, a Outside the library, well over one Igarashi-Ball, who performs in drag spokesperson for the library system hundrd protesters lined East State mostly for charity as Miss Terra Cotta (which includes the Alpharetta and Street, reciting prayers and carry- Sugarbaker, to reschedule it for April Ponce de Leon libraries), sent the ing signs condemning the event. 27 at the library system’s Alpharetta Journal-Constitution a statement similar A smaller but vocal contingent of branch—but without any promotion to the one she gave Atlanta LGBTQ counter-protesters were also on hand, by the library, nor by the county that magazine Project Q Atlanta, which first to support the Drag Queen Story funds the library. Other storytime reported the story: “We appreciate Hour. events remain on the library system’s the community support for the Drag Several police officers, including public calendar. Queen Story Time event, which has Chief Dan O’Shea, maintained order When the event was rescheduled, been successful and well received at in the parking lot as the two groups Igarashi-Ball said, the 180 spaces filled the Ponce de Leon Library. We rec- occasionally shouted insults at each in less than an hour. ommended to the organizer that it other. After the county library system continue at the location where it has Downing, dressed as an “ice declined to endorse the event, Atlanta a strong track record. . . . Not every queen” in a powder blue floor-length, Mayor Keisha Lance Bottoms invited program is offered at every location.” beaded dress with a matching crown, the drag queen to read to children at Igarashi-Ball, who doesn’t perform read books including What’s the Dif- city hall. in clubs, isn’t sure why his clean and ference? Being Different is Amazing by

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Doyin Richards, and It’s Okay to Be queen storytime was meant for chil- Story Hour—with a motion: “That Different by Todd Parr. dren ages three to five. EVPL withdraw personnel, direct Rockford Public Library Execu- Ware said she objects to the library support, marketing and promotion of tive Director Lynn Stainbrook was “using our tax dollars . . . to pro- the Drag Queen Story Hour future undaunted by the large group of mote gender confusion as normal and events.” protesters. desirable.” The board member who made that “We are living in a more diverse Logli said, however, that laws and motion, Richard Clements, is the society than ever before,” Stainbrook policy would not deny use of the same one who proposed it in Febru- said. “Our children, my grandchildren library “based solely or primarily on ary. No other board member seconded are going to work side-by-side with the sexual orientation or identifica- that motion. people that fall into the LGBTQ com- tion of the participants.” The library At the March meeting, the board munity. They need to learn tolerance designated a room separate from the did not discuss whether another and acceptance at a very early age. children’s area with its own door, so Drag Queen Story Hour is in They will be living and working and no child or adult will “stumble” into Evansville’s future. Reported in: playing aside people of this commu- an event they don’t want to attend, TristateHomepage.com. March 14, nity and we need to accept that and Logli said. 2019. celebrate it.” “Attendees of Drag Queen Story Paul Logli, president of the library Hour are citizens and taxpayers who Lawrence, Kansas board of trustees, said he and other have freely and intentionally chosen The Lawrence Public Library went board members at first were “uncer- to participate and are equally entitled ahead with its “Reading Rainbow tain about the program.” Trustees to access publicly funded facilities and Storytime with Deja Brooks” event learned in May about the story hour programs of their choosing,” Logli on June 22, 2019, despite a threaten- that was scheduled by staff. said. Reported in: Rockford Register ing message about the event posted on “The title gets your attention,” Star, June 4, June 22, 2019. 4chan the day before. Logli said. “But when staff explained The threatening message did not to some of us, many—including Evansville, Indiana include the names of anyone specific, myself—became more comfortable.” Nearly a month after the original but called for protest and referred to Logli said some residents and event was over, Drag Queen Story the Reading Rainbow Storytime. patrons contacted board and staff Hour remained a hot topic at the The library had announced the members not only about the story board meeting of Evansville Public event with this summary: hour, but also about Queer Prom two Library on March 14, 2019. weeks earlier at the Nordlof Center, “The stench of Drag Queen Story Join our host Deja Brooks as she reads which the library owns and operates. Hour intentionally sowing gender and performs stories embracing our It was for teens ages thirteen to eigh- confusion in our littlest children still local LGBT community and cele- teen years old. The event was funded befouls our community,” one speaker brating families of all kinds! Deja’s by the Community Foundation of said at the meeting. Reading Rainbow is a storytime Northern Illinois. “Jesus has given us a choice, why about love and friendship, being dif- The events at the library are tied would we think we can’t give people ferent and belonging, being unique into LGBTQ Pride Month. Mayor a choice? As library board members, and being accepted, colors, rainbows, Tom McNamara made the city’s remember you represent all the citi- and, of course, fun! observance of the national pride zens and not just a few,” said another. month official with a proclamation. A third speaker questioned how The library asked that a Lawrence Sandi Ware, a Rockford parent of much security for the event cost the Police Department officer be pres- two preschoolers, raised objections city. Afterwards, the Evansville Police ent during the event in order to sup- before the storytime. “A big, hairy Department told Eyewitness News port library security staff. In a pub- man scantily dressed as a woman that police overtime cost just under lic statement before the event, library promoting homosexuality and gen- $5,500 for the event. administrators said they “will con- der confusion . . . is inappropriate for The meeting ended almost identi- tinue to work together with the FBI this age group,” Ware said. The drag cally to the last board meeting, which and the Lawrence Police Depart- took place days before Drag Queen ment to keep informed of any further

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developments, and will communicate anticipated approval or disapproval,” something for everybody. I think this them publicly if more information Wichita’s policy states, “but solely on was an important step for us.” becomes available.” the merits of the program in serving The library hopes to be an exam- The library posted the following the interests of Library customers.” ple of compassion, encouraging pro- tweet after the event: “Thank you, The guidelines go on to say, “Per- testers and counter-protesters alike @LawrenceKS_PD for being with formers and presenters will not be to discuss their views respectfully. us today, and @MrDejaBrooks for excluded from consideration because “What the library hopes is that one bringing hundreds of people out for of their origin, background or views, day the library can be the marketplace your Reading Rainbow Storytime.” or because of possible controversy.” of ideas, where instead of shouting at Reported in: KCTV-5 News, June Reported in: Wichita Eagle, March 14, each other, they actually sit down and 22, 2019. 2019, March 21. talk to one another,” Burchfield said. Reported in: WAVE 3 News, May 18, Wichita, Kansas Louisville, Kentucky 2019. Protests continued for months after A Drag Queen Storytime at the Lou- the Wichita Public Library hosted isville Main Library in March 2019 Annapolis, Maryland “Say YAAAS to Reading,” an event was cancelled, but another one was Two sessions of a Drag Queen Story that featured drag queens reading held about two months later, on May Time at the Severna Park Community picture books in a private conference 18. Library in Annapolis drew toddlers room at the downtown library on The library never gave a reason for and parents, plus protesters, on June September 25, 2018. cancelling the March event, which 29, 2019. About one week earlier, Taking action on the controversy was planned to feature the Derby the board that oversees libraries in nearly half a year later, on March 19, Sisters. Annapolis, the Anne Arundel County 2019, the Wichita library board of The May event featured local Public Libraries (AACPL) Board of directors approved a new program- entertainer Vanessa Demornay reading Trustees, had changed a program- ming policy that states the library’s about to 200 families. The books she ming policy to give library staff more commitment to “free and open access chose, My Princess Boy and Not Every autonomy in planning such events. to information and ideas for all users.” Princess Wears Pink, center around The June drag queen events were The proposed policy appears to leave being yourself and ignoring what on the same day as Annapolis cele- the door open for future drag queen society says you should be, according brated the city’s first LGBTQ pride events, though none are scheduled. to Demornay. parade. The storytime in September drew Demonstrators, previously reported At the day’s first storytime, at 1 about 220 people to the downtown as being with the American Fam- p.m., about thirty protesters prayed library, including families with young ily Association, didn’t want the and talked peacefully on the road children, even though it had been rescheduled Drag Queen Storytime outside of the library, according to advertised as an adult event. It also to happen. To show their objection AACPL spokesperson Christine Feld- drew protests—on the evening of the to the event, several stood just down mann. Feldmann said the group had event as well as during the weeks and the stairs, coming face-to-face with signs that said drag queens are danger- months to follow. counter-protesters. Homemade signs ous for children and gender fluidity is The new policy, inspired by the suggested kids shouldn’t be exposed to not real. American Library Association’s the lifestyle. At the 3 p.m. session, two pro- “Library Bill of Rights,” stresses the “We were expecting that there testers went inside, where about 165 library’s role as a forum for intellec- would be a large and enthusiastic toddlers and parents were attend- tual freedom, where a wide spectrum crowd for it. Turns out, we were cor- ing the storytime. Feldmann said the of thoughts and ideas are welcome. It rect,” said Lee Burchfield, director two began shouting at the performer, further notes that library programs, of the Louisville Free Public Library. Matthew Maisano, who performs as like library materials, should not be “The Louisville community is very Balena Canto. Maisano said he was censored just because some customers diverse. The public library’s mission is halfway through reading Be Who might disagree with them. to provide the broadest possible range You Are when one of the men started “Decisions to provide programs of information and ideas to the com- shouting, “This is corrupting your will not be made on the basis of any munity, so we really strive to offer children,” and “This isn’t right.”

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Feldmann said the men were that organized the story hour, rented joined the vigil, said he was there “so removed by police after one of them a library room to host two male per- that the light of Jesus may shine on shoved library board member Rob formance artists dressed in theatrical those who are lost,” to nods of agree- Sapp, who asked them to be quiet. women’s clothing. ment from those around him. “The customers cheered when they Ashley Kyle Morgan, a forty-two- On the other side, supporters of the were removed and the storytime year-old Leonardtown resident, was event blew bubbles, played the Beatles continued,” Feldmann said. “Lots of apprehended by St. Mary’s sheriff’s and Elton John, and held up colorful happy families.” deputies after he was observed run- signage stating “Men in dresses telling Sapp said he plans to press charges, ning into the meeting room just as stories is the foundation of Christian- and he saw police arrest the man who the event was beginning. He told the ity,” and other messages of support for pushed him. “I wanted to get between children present, “Do not believe the LGBTQ community. Reported him and the kids,” Sapp said. these lies” told by “men in dresses.” in: The Enterprise/SoMDNews.com, Both Feldmann and Maisano said This prompted discord as parents tried June 26, 2019. the incident lasted less than a minute. to calm children, some of whom were Previously, after a Drag Queen crying. Fall River, Massachusetts Story Time at another library in Anne Morgan has been charged on five Hundreds of supporters and fami- Arundel County, the AACPL voted misdemeanor counts of disorderly lies with children turned out to the in December 2019 to give itself the conduct, disturbing the peace, failure first-ever Drag Queen Storytime at power to vote on whether “contro- to obey a reasonable/lawful order, the Fall River Public Library on June versial” programs should be approved. resisting arrest, and trespassing at a 1, 2019, an event to kick off June as [See JIFP Spring 2019, page 68.] Many public agency, according to court Pride Month in the town’s LGBTQ of the programs deemed “controver- records. community. sial” included LGBTQ content. “It’s a private event, you have to Library-goers filled the meeting On June 20, the board unani- be registered to do it. Obviously, you room and hallway and spilled out the mously voted to adopt a revised ver- can’t cause a disturbance to prevent door. In order to accommodate every- sion of the policy that no longer gives what’s going on in the room, which one, drag queen Naomi Chomsky the board voting power or calls for is what happened,” sheriff’s Captain offered three separate readings to programs to be flagged as “potentially Steven Hall, commander of the agen- allow everyone to participate. controversial,” and instead asks Librar- cy’s special operations division, said at Opposition came from the Mas- ies CEO Skip Auld to notify the board the library. sachusetts Family Institute, a non- of any programs that “merit their spe- After the arrest, the story hour profit Christian organization based in cial attention.” Reported in: Capitol commenced, with performers Nicho- Worcester, represented by local mem- Gazette, June 20, 2019, June 29. las Hebb, who goes by Angelica Lize, bers of the Baptist Temple Church and and Stormy Vain, who declined to its pastor Michael Johnson. Lexington Park, Maryland provide his real name, reading books Before storytime, Chomsky told On June 23, 2019, Drag Queen Story such as Free To Be Incredible Me by the press, “Today is about the children Hour drew more than one hundred local author Joelle-Elizabeth Retener, and celebrating diversity.” She said attendees to the public library in Lex- This Day in June by Gayle Pitman, and having inclusive events in bigger cities ington Park, Maryland. Supporters Neither by Arlie Anderson. is important, but it may be even more and protesters picketed and prayed As the event carried on, picket- critical in smaller municipalities like outside the Lexington Park library as ers stood on either side of the library, Fall River. children listened to stories read by the separated by police tape. Protest- “Gay people live everywhere,” performers, crafted paper crowns, and ers displayed signs, some of which Chomsky said. “You shouldn’t have to had their faces painted. One protester declared “God has something better move to the big city (to feel included). was arrested for allegedly disrupting for you,” while a few others espoused No matter who you are, you’re some- the event. homophobic rhetoric. body who deserves love and respect.” The Southern Maryland Area Sec- Protesters outside peacefully held a The Family Institute group outside ular Humanists and PFLAG [Parents prayer vigil, with no further incidents peacefully protested and prayed. It and Friends of Lesbians and Gays] between the protesters and count- did not participate in a sit-in to keep Leonardtown, the nonprofit groups er-protesters. Jeremy Linehan, who

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children out of the event room, as had margin of about two to one, accord- When the Gerritsen Beach Library been planned. ing to reporters’ estimates. held its first ever Drag Queen Story Pastor Johnson said the group was The White Mountains Pride Com- Hour on June 6, a cluster of small not there to hate, but rather open lines mittee had hired a police detail, but children sat on the floor transfixed by of communication with the LGBTQ the officers reported there were no a lavender-haired drag queen named community to teach them God’s way. altercations between the two bands of Angel Elektra, who wore a rain- “We’re trying to bring about a protesters. bow-hued sequin sheath and read sto- consciousness,” Johnson said. “Leave Smolen said the story hour “did rybooks aloud to them. our kids alone if you’re going to exactly what organizers said it would” Outside, it was a much different indoctrinate them that this is an The controversy “was much ado about scene. acceptable lifestyle.” nothing,” said Smolen. “The two On one side of blue New York A police presence, both uniformed readers, Mimi and Kristi, did a great Police Department barricades stood and in plain clothes, was on the scene job, reading about inclusiveness and protesters who had papered the neigh- inside and outside the library. Police acceptance and diversity and being a borhood with fliers condemning the Sargent Mike Digagni said it was bet- good friend.” event. They held aloft signs with slo- ter to have “too many and not need Smolen said he was proud that the gans like “Grinding America Down,” them, than not enough.” board of trustees upheld the library’s and accused the organizers of child Library Director Liane Verville principles of free speech with a vision abuse. said she had a lot of support from statement promoting open dialogue. A few yards away, behind another her Board of Trustees and Mayor “I think the program was consistent set of barricades, were counter-dem- Jasiel Correia II in holding the event, with our values as a profession,” said onstrators who showed up to support despite protesters. Reported in: Herald Smolen. Drag Queen Story Hour. News, June 1, 2019. Protesters said they did not feel Objectors (who mainly took it was proper to expose young chil- issue with the event’s suggested age Conway, New Hampshire dren to the potential influence of drag bracket, zero to five) say the “taxpayer An overflow crowd came to the Drag queens. funded attack on our babies” aims to Queen Story Hour for children on Prior to the event, Christopher Jay, “groom children into the transgender Friday’s June 28, 2019 at the Conway a lawyer affiliated with the conserva- lifestyle.” Public Library. tive religious non-profit Cornerstone Planners of the counter-protest had According to Christopher Bellis, Action, filed a right-to-know request used Facebook to urge people to show co-chair of White Mountains Pride, pertaining to Drag Queen Story that Angel Elektra was welcome in which sponsored the event, “We had Hours at the Conway Public Library. Brooklyn. 90 people (children and parents) at He obtained emails in which organiz- Later that month, locals flocked to the story hour, with the readers doing ers of the storytimes said they were support a drag queen who read chil- two sets of readings, and 40 to 50 not teaching about any sort of sex. dren’s books to kids at Brooklyn Pub- people outside who were there to sup- Jay disputed that benign interpreta- lic Library’s Crown Heights branch on port and maybe 20 who were against.” tion of drag queen storytimes. Cor- June 27, overwhelming a small group An overflow reading area for chil- nerstone issued an official comment, of protesters. Just five people gath- dren unable to get into the Drag saying: “Drag queens are ‘adults-only ered on June 27 to express outrage Queen Story Hour was held by rep- entertainment’ and adult-only enter- over Harmonica Sunbeam’s presence resentatives of the Jackson Public tainment should not be mixed with at “Drag Queen Story Hour,” while Library. children. Parents have a right to know more than fifty colorfully dressed David Smolen, library director at and to challenge this at their local proponents sang songs and chanted in the Conway Public Library, said he library.” Reported in: Conway Daily support of the event. was pleased with the Drag Queen Sun, June 13; July 1. Police kept the two groups Story Hour’s reception, despite the separated. protests out front. Ten to twenty pro- Brooklyn, New York One protester shouted biblical ref- testers against the event were out- Two public libraries in Brooklyn held erences into a megaphone to warn of numbered by counter-protesters by a drag queen storytimes in June 2019. the potential dire consequences of the drag queen’s presence.

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“God wiped out cities because of Astoria, Oregon The event also drew hundreds of this,” said the man who asked only to When a man showed up at the Astoria demonstrators, both in favor of and be identified as Tag. “We’re almost Library in February to protest a Drag in opposition to the event. That was there. It’s getting worse now than it Queen Story Hour, he had his phone quite different from last year’s per- was back then.” out. formance, which went off with no Supporters brushed off the omi- His plan was to provide a running crowds outside. This year, town- nous alarms, calling the protesters commentary, broadcasting a lives- ship police closed the street to traffic intolerant and a poor representation of tream to his social media followers. in advance, and placed jersey barri- the Crown Heights community. His camera, though focused primarily ers to keep the two factions separated “We’re here to stand against big- on his own face, turned sometimes to from each other, as well as to pro- otry in whatever form it takes,” said capture the people attending the read- vide a means of access for the families Alice Tracey. “And look at how much ing, including parents and their young attending the event. we outnumber them by. I think that children. The reader was Matthew Maisano, tells you all you need to know.” Jimmy Pearson, the library direc- a drag performer playing Ms. Balena The protest organizer chalked up tor, couldn’t do much about filming Canto, dressed in a white pantsuit, the weak attendance to the intolerance outside the library, but he drew the glittery fuchsia stilettos, with eye of pro-drag queen demonstrators. line when it came to filming and pho- shadow to match, plus a bejeweled “Obviously, we didn’t have the tographing people inside. necklace, bracelets, and earrings and turnout we’d hoped for,” said Rick “I take library privacy very seri- flowers in her blond swept-up hair. Knight. “I think that if you express ously,” Pearson said ahead of a Mon- For both performances, she read three any conservative views, people just day night City Council meeting, books, sang songs such as the “Hello jump on you. People are afraid to where he presented an updated set of Song” and “If You Believe” from The speak against this.” the library’s standards of conduct. Wiz, and did a rendition of the hokey Knight suspected that the story “Parents have the right to not have pokey. hour program was the beginning of their kids videotaped.” Sex was not discussed, and the an elaborate indoctrination effort on The City Council approved the storytime followed the structure of the part of drag queens everywhere. updated policy, which is not very dif- other storytimes hosted by non-drag “They can’t reproduce, so they’re ferent from what the library had in queens. recruiting,” he said. “I’m not a con- place before. It just codifies the rules, “Today is about democracy,” said spiracy theorist, but I think a lot of Pearson said. Phil Goldsmith, president of the this ideology is from the cultural The approval will give the rules library’s board of trustees. “It’s about Marxists.” a little more heft. Depending on the people choosing for themselves what The demonstrators, whom Knight violation, anyone being disruptive they want their children to see and be described as fighting a global culture or breaking library rules could be exposed to. It’s trying to understand war, were attempting to draw the line asked to leave for the day or even lose the other side on both sides and hope- before society slid down a “slippery all privileges for up to three years. fully at the end of the day, it’s a joyful slope,” he said. Reported in: Daily Astorian, April 16, day, that the kids have fun.” “Pedophilia is next,” Knight said. 2019. Both sides were passionate in their “You have to realize that drag queens cause and had visual and audible ele- were a fringe group just ten years ago, Haverford Township, ments to have their message noticed. but now they’re mainstream. Next Pennsylvania On the one side was the opposi- they’ll be defending pedophilia.” Haverford Township Free Library tion with an enormous banner read- The demonstrations did not inter- hosted its second annual Drag Queen ing, “Dear God: Let NOT the little rupt the storytime, where approxi- Storytime in its third year of present- children be perverted by Drag Queen mately sixty-five kids listened to the ing programming featuring Pride and story hours!” along with a statue of guest of honor read a number of chil- the LGBTQ community. Almost 500 Mary, another banner of Our Lady dren’s books. Reported in: Reported people came to see the storytime on of Guadalupe, bagpipes playing, and in: Brooklyn Eagle, June 6, 2019; The June 16, 2019, so the library had to rounds of the Rosary being prayed. Daily Beast, June 7; Brooklyn Paper, add a second performance. On the other side, there were no June 27. shortage of supporters on hand. They

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came with bubbles, rainbow flags, to understand what Drag Queen Sto- specific threats or where they pur- whistles, and even a didgeridoo. rytime really is about have the idea in portedly came from. They also had a large banner, saying, their head that it’s a traditional club Thinnes said, “We are very proud “Welcome Balena Canto,” and drew drag show that can have adult themes. to offer this program and we fully rainbows on the street with sidewalk It’s not. The main purpose of this is intend on bringing it back next chalk. for kids to be exposed to a positive season.” Jennifer Phillips, interim direc- LGBTQ role model.” The library issued the following tor of the Swarthmore Public Library, In the end, only one member out statement: “Due to unforeseen cir- started the event in Haverford three of the nine commissioners spoke out cumstances beyond our control, Drag years ago as a way to support LBGTQ in disapproval. Queen Story Hour will not be pre- youth. “This isn’t about inclusion and sented this Saturday, June 29, at CLP- Phillips serves as co-host of the acceptance, this is about our chil- Main. CLP is proud to join other Equality, Diversity and Inclusion dren,” said commissioner James libraries around the country to offer Commission for the Delaware County McGarrity. “The library should not programming to families that explores Library System with Mari Ayala, who have this on Saturday.” diversity and encourages empathy, said Saturday’s event represented the Board commissioner Daniel Siegel kindness and understanding.” library’s mission. “The library,” Ayala fired back: “A cross-dresser reading Sue Kerr, an LGBTQ activist, said, “belongs to everyone.” to our three-year-olds isn’t a threat to blogger and Pittsburgh Current colum- A few days before the event, more our society, but intolerance is.” nist, said that while she understands than 100 residents crowded a Haver- “The event will go on as sched- that safety should be a primary con- ford Township Board of Commis- uled,” a representative from the cern, extra measures could have been sioners meeting on June 11 to air their library told Philadelphia magazine fol- taken by consulting with police to views on whether the drag queen sto- lowing the meeting. “Some residents make the program safer, and let it go rytime should be held. assumed that the Board of Commis- on as planned. Among the opponents was Bill sioners would side with them and “Let’s make the event safer,” Williams, a physician and resident of put pressure on the library’s board to Kerr says. “I worry about what kind Haverford Township, who warned reconsider, but they failed. I’m happy of message we are sending to the that drag queen storytime “will force to see that love trumps hate during LGBTQ community, especially our children into gender dysmorphia. Pride month.” Reported in: Philadel- children, when we give in to these We must consider the long-term phia Magazine, June 14, 2019; Delaware kinds of threats.” consequences.” County Daily Times, June 16. She added, “What makes the deci- He cited research from the Amer- sion even harder to take is that this all ican College of Pediatricians, which Pittsburgh, Pennsylvania happened on the last weekend of Pride is listed by the Southern Poverty Law Carnegie Library of Pittsburgh (CLP) Month and the weekend set to mark Center as “a fringe anti-LGBT hate canceled a Drag Queen Story Hour the 50th anniversary of the Stonewall group that masquerades as the premier at its Main branch, in the Oakland riots. I think more should have been US association of pediatricians to push neighborhood, after threats were done before there was a cancellation.” anti-LGBT junk science, primarily via made against similar program nation- Reported in: Pittsburgh Current, June far-right conservative media and fil- wide. [The same threats also led to can- 29, 2019; Inquisitr, June 30. ing amicus briefs in cases related to gay cellation of a program at a Pittsburgh chil- adoption and marriage equality.” dren’s museum—see page 76.] Bristol, Rhode Island But not all in the crowd were The final installment of a series The Rogers Free Library in Bristol, opposed to the event. Attendees wear- in which men in drag read stories to Rhode Island, cancelled a drag queen ing “I Support DQSH” stickers could children had been scheduled for June storytime originally scheduled for be seen throughout the room. 29, 2019, after previous installments May 2019, after the library director “I think a lot of the opposition of the series had gone off without a cited “threats of protests.” The event comes from a place of ignorance,” said hitch. However, Carnegie Library was rescheduled for June 15. Maisano, creator of the Balena Canto spokesperson Suzanne Thinnes said, A full house came out for the read- persona. He told Philadelphia maga- the library decided to “err on the side ing, with people spilling out of the zine, “People who don’t take the time of safety.” She did not mention any room, as drag queen Naomi Chomski

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read two picture books to children. Jonathan Newton, the manager of Austin, Texas The children had been invited to the South Carolina library that held A drag queen storytime at the Old come in their favorite dress-up clothes the event, is no longer employed at Quarry branch of the Austin Public and create their own crowns. the branch, according to officials. Library on June 5, 2019, was disrupted Swarms of people for and against There is no word if Newton’s depar- by a representative of InfoWars, who drag queen story hour protested out- ture was the result of the Drag Queen crashed the event and filmed it. side the library. Story Hour. He approached the performer, local The library claims its mission A longtime employee of the Green- drag queen Miss Kitty Litter ATX, includes the free exchange of diverse ville County Library System, Newton who has been donating her time to ideas, but that “sometimes it is chal- posted on Facebook on March 19 that the library’s story hour in connec- lenging to get this balance just right,” he left his job as branch manager of tion with Austin International Drag the library said in a statement. the Five Forks library. Foundation for almost a year. The The event was co-sponsored by Newton did not indicate if he man claimed to be a “documentary F.R. Pride as part of Pride Month. resigned or was fired, but his depar- filmmaker” who was “trying to pro- Reported in: WJAR/Turn to 10 TV ture was confirmed by Beverly James, tect the kids.” He asked library staff if News, May 31, 2019; June 4; WLNE the library system’s executive director, a background check had been per- ABC6 TV, June 15. the Greenville News reported. James formed. As a staffer tried to explain gave no further information, telling APL policy, the man returned his Greenville County, South the newspaper, “We don’t discuss per- focus to Kitty, demanding: “What’s Carolina sonnel matters.” your official name? Like what is your A Drag Queen Story Hour on Febru- Newton said “he has been advised actual name? If people wanted to do a ary 17, 2019, at the Five Forks branch not to make a statement about what background check.” of the Greenville County Library Sys- led to the change in his employ- David Richardson, who plays Miss tem in South Carolina may have been ment status at this time,” according to Kitty, told the Austin Chronicle that connected to the subsequent depar- WHNS. he gave the man his name because he ture of the branch manager and the He is not the only branch manager was “trying to be polite and noncon- managers of two other branches in the to leave the Greenville County system frontational; I was nice to him. But library system. in the wake of the drag queen event. I thought about it later. . . . It could The Drag Queen Story Hour was The manager of the Pelham Road have been a very dangerous situation.” held by Mom’s Liberal Happy Hour branch, Julie Phillips, said as of March Within two days, hundreds of SC, which said on Facebook that the 18 she is a “former employee” of the comments—many of which threaten event was designed to expose children Greenville County system, the Green- violence and employ anti-LGBTQ “to all the different kinds of beauti- ville News reported. James confirmed hate speech—have been added to the ful people in the world,” in an effort that Phillips no longer worked there. InfoWars video post, which includes to allow them to “become more kind, Another branch manager, in Simp- Richardson’s full name. Richardson confident, and tolerant individuals.” sonville, Lina Bertinelli, posted about called these comments that “really, There was a protest, but the event her resignation on Facebook. She really frightening.” went off as planned, with the aid planned to step down in April. She Austin Public Library staff quickly of the Greenville County Sheriff’s posted that “it has become increas- came to Richardson’s aid and asked Office, which provided security at ingly obvious that GCLS is not the the man to leave when he became the Five Forks library, according to right fit for me . . . I am devastated disruptive. WHNS. by what has happened to my col- Spokesperson Rachel Nguyen Prior to the event, the library leagues this week (they are a large part says the library doesn’t plan on doing issued a statement saying the Drag of why I have been here as long as I much differently going forward, Queen Story Hour is “in accordance have) and I am honored to be in their though Richardson has decided to with the library’s policy on use of company, but my resignation was put sit out the next event. “We try to meeting spaces but is not being spon- into motion before their news broke.” appease our audiences, and we are sored or promoted by the library sys- Reported in: Greenville News, March inclusive and excited to have all types tem,” The State reported. 21, 2019; Charlotte Observer, March 24. of performers,” explained Nguyen.

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As for “protecting the kids,” “HPL is taking this time to reor- of the facility was closed to the pub- Nguyen said all Austin Public Library ganize the program, improve upon lic that day, and the city had a large storytimes are run by librarian staff, policies and procedures and to explore police presence during the event, out who must be present for all youth other collaborative partnership of public safety concerns. events; guardians are also required opportunities,” the library said in a A crowd of more than two hundred to accompany all children under ten. statement. supporters and protesters, some yelling As a guest performer, a background The library has apologized for the over loudspeakers and others banging check on Richardson was not per- incident. Reported in: Houston Chron- drums, gathered outside on that Satur- formed, nor felt to be needed. icle, March 22, 2019. day afternoon, June 15. The two sides Because the library is public prop- were separated by small gates. erty, personal filming and photog- Leander, Texas Inside, Leander City Council raphy are allowed, but commer- A controversial “Pride festival” that member Christine Sederquist and two cial filming or photography must be was hosted by an LGBTQ-friendly mothers read books about non-tradi- approved in advance by the admin- church on June 15, 2019, will be tional families and accepting differ- istration. According to Nguyen, the the last drag queen storytime at the ences: Love Makes a Family by Sophie library considers this an instance of Leander Public Library, under a new Beer; And Tango Makes Three by Justin commercial filming, “as it was used meeting room policy approved by the Richardson, Peter Parnell, and Henry by an entertainment company for Leander City Council on August 15. Cole; and Red: A Crayon’s Story by commercial purposes.” She also con- National attention came to Lean- Michael Hall. The drag queen who firmed that InfoWars did not contact der, a city of 56,000 about thirty had been scheduled to read to chil- the library for approval, none was miles north of Austin, over its plans dren was unable to attend because of given, and the man filming failed to for a Drag Queen Story Time in the “an unavoidable work commitment,” identify himself as a representative of library. In late May, the city of Lean- Pastor Hart wrote on the event’s Face- the propaganda site. der canceled the prior plans for the book page. Richardson said the goal of the event, following much social media Afterwards, the library stopped storytime events is to teach kids about attention, plus protests, and calls to renting meeting space for two months diversity and inclusivity. “You could the library and members of the city while it reviewed its policy. replace ‘drag queen’ with ‘mayor’ or council. (Leander Public Library pro- The Leander City Council’s ‘waitress’ or ‘construction worker,’” gramming is managed by Library Sys- August decision, in a 5–2 vote, was to he said. “What this does is give kids tems and Services, a contracted part- limit the use of library meeting rooms a different perspective on different ner with the City of Leander. This to city-use only. The rooms are no people. We’re not teaching kids to be gives the city government final say longer available for private rental. drag queens or LGBTQ, but saying over programming at the library.) Sederquist, who voted against the if you were that it’s OK, or if one of Open Cathedral Church then new policy, said the rooms should your friends is gay—that’s OK, too.” stepped in to host a new version the remain available to rent since there is Reported in: Austin Chronicle, June 14, storytime and renamed it “Lean- a lack of meeting space in the com- 2019. der Family Pride Festival and Story munity. The policy affects more than Time.” LGBTQ-friendly events. In the last Houston, Texas Ryan Hart, the minister and year, local groups using the library Houston Public Library officials founder of Open Cathedral, said in a rooms included local homeowners announced on March 22, 2019, that telephone interview that the church associations, Eagle Scouts, the San they intend to bring back the city’s was surprised by the reaction to the Gabriel chapter of the Daughters of Drag Queen Storytime program this event. Some two thousand people the American Revolution, Pathway summer. Earlier in March, the pro- flooded the website to express inter- Bible Church and more, according to gram was suspended over news reports est in the event, which was by RSVP city documents. that one volunteer participant was a only, he said. The library conference Mayor Troy Hill said he does not registered sex offender who had not room booked by the church holds think it makes economic sense for gone through a background check. about 150 people. the city to keep the rooms open for [See JIFP, Spring 2019, page 69.] Aside from the part of the library rental. “I look at it as simple math: that was rented to the church, the rest We brought in $1,800 in rental fees

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and we spent $20,000 in security,” Prior to the event, City Councilor The event’s performer, whose stage Hill said. “That’s not good math to Jack McCullough received an email name is Cookie Couture, read Neither me.” Reported in: Washington Post, from a local resident complaining that by Airlie Anderson, a picture book June 11, 2019; Austin American-States- the program was inappropriate and about an egg that hatches into an ani- man, June 16; Hill Country News, July asking for it to be cancelled. mal that doesn’t match the others. 5; leandertx.gov, August 12; Commu- McCullough’s email response said “The core of it is all about celebrat- nity Impact Newspaper, August 16. the Kellogg-Hubbard Library is a ing what makes us different,” Couture nonprofit, and the city had no control said. Montpelier, Vermont over its operations or programs. The program was organized by One month after a conservative Face- “It would be inimical to all the local librarians. book personality Elizabeth John- values of our free society and our con- One of the protesters, Chris ston, better known as “the Activist stitutional system of government for Blough of Tacoma, said, “I don’t want Mommy,” urged her 700,000 follow- any government entity to attempt to my tax dollars going to this.” He con- ers to try to get a Drag Queen Story censor the activities or programs of a tinued, “Why impose this lifestyle on Hour cancelled in Montpelier, the public library,” McCullough wrote. a child? Children will grow up and story hour went on as planned at the “What you propose is a restriction learn their own opinions all by them- Kellogg-Hubbard Children’s Library of speech based on the content of selves. There is no reason for this.” on June 13, 2019. that speech. Any such attempt would King County Councilmember Librarians say they received hun- violate the First Amendment of the Dave Upthegrove disagreed. “Librar- dreds of calls from concerned people United States Constitution and Article ies have always been a bastion of free around the country, but there were no 13 of the Vermont Constitution.” expression and I am proud that the protesters during the event. Library McCullough also said state stat- King County Library System remains officials, parents, and the drag queens ute prohibited discrimination in any a safe and welcoming space for every- all say the turnout is a reflection of place of public accommodation based one,” Upthegrove said. Reported in: Vermont’s dedication to inclusivity. on sex, sexual orientation, or gender King5 TV news, June 17, 2019. More than 130 Vermonters packed identity. He noted that the library has the library to see local drag queen a background check process for vol- Renton, Washington duo of Nikki Champagne and Emoji unteers. Reported in: Barre-Montpelier A Drag Queen Story Hour drew doz- Nightmare. “We’re reading books that Time-Argus, June 24, 2019; WCAX, ens of protesters, hundreds of sup- are very inclusive and they’re repre- July 13, July 14. porters, and more than a hundred sentative of the audience that we’re attendees to Fairwood Library, a small reading them to,” said Nightmare. Des Moines, Washington library outside of Renton, on June 27, The event drew the highest turn- On June 17, 2019, more than two 2019. The event was the final of four out for the duo since they began hundred parents and children attended drag queen storytimes hosted during doing Drag Queen Story Hour in the first Drag Queen Story Hour this year’s Pride Month by King Vermont. ever held at the public library in Des County libraries. Carolyn Brennan, co-director of Moines, Washington. The protesters included members Kellogg-Hubbard Library, said she lis- There were also protesters in the of the paramilitary militia the Three tened to the bulk of the out-of-state library’s entryway, but they were in Percenters (many of whom were calls, and she stands by her decision to the minority. openly carrying pistols), plus members let the show go on. “I would say that more over- of the far-right street fighting group “Most of it was from a base of just whelming is the response from the known as the Proud Boys, and the not understanding what Drag Queen LBGTQ community, and as you see right-wing local media outlet Opera- Story Hour is,” Brennan said. “We today, the hundreds of parents that tion Cold Front. have a variety of different kinds of were here with their children. If any- Supporters formed human barri- story hours, and not every program is thing, they have rallied more than the ers allowing attendees to enter the a good fit for everybody, but hope- opposition has,” said Julie Acteson, library without confronting the pro- fully every program is a good fit for director of community relations for testers. Groups in support of the event someone.” the King County Library System. included the King County Demo- crats, local chapters of Indivisible, and

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the Puget Sound John Brown Gun in: Snoqualmie Valley Record, June 28, understand, obviously don’t under- Club. They cheered as families with 2019. stand, with hate speech and bigotry,” children ranging in age from toddlers Kaine concluded. to middle schoolers walked into the Spokane, Washington Jason Johnson, public engagement building to hear drag queen Thadayus The Spokane Public Library held two manager for the downtown Spokane read a story about a mermaid. Drag Queen Story Hours during Gay Public Library, said the library has A member of the Three Percen- Pride Month in June 2019. no current plans to host another drag ters, who only shared his first name, At the South Hill branch library, queen reading event, but the library Greg, said that residents opposed to hundreds of people gathered on Sat- would likely accommodate if it got the event were worried about antifas- urday, June 15, for an event which another proposal. “It’s a valuable pro- cist organizers showing up. He said included drag queen Nova Kaine. gram, and we’ll continue to do it,” he local residents asked his organization A week later, at the Downtown said. Reported in: KXLY4 TV News, to provide security. branch, about 150 protesters and June 11, 2019; KHQ6 TV News, June Julie Acteson, community relations some 300 counter-protesters gathered 14, June 15; Spokesman-Review, June director of the King County Library outside on Saturday, June 22, while 24, June 29. System, said that allowing free expres- drag queen Tirrany Hex was inside, sion of every opinion is important to reading Not All Princesses Wear Pink COMMUNITY CENTERS the library system. But, she added, the and other books to about 275 people, AND MUSEUMS views expressed at Fairwood did not including parents and children. Pittsburgh, Pennsylvania hold equal amounts of support. At the South Hill branch, the pro- The Children’s Museum of Pittsburgh “We certainly respect the right of testers’ side of the street was filled cancelled a drag queen storytime that anyone to come out and exercise their with prayers and singing and signs had been scheduled for June 28, 2019, right to [freely express themselves]. that read “Adam and Eve, not Adam on short notice, at the same time as At the Fairwood event last evening, and Steve.” At the Downtown branch, another Pittsburgh institution, the overwhelmingly, the community some used megaphones and signs to Carnegie Library, cancelled its own turned out in favor of the storytime,” demonstrate their concern about the drag queen storytime, scheduled for Acteson said. “I think there was about drag queens and the library support- June 29. [See page 72.] Both cited “cir- five hundred people there, and easily ing the reading hour. cumstances beyond our control” on four hundred were supporters of us Anna Vohach, who created a group Facebook pages for each event. holding the event.” called 500 Moms Strong and believes The Carnegie Library was more Though the opposing views were drag has no place at the Spokane Pub- forthcoming about the reason for the contentious regarding the Drag lic Library, protested at both events. cancellation, citing a threat posted Queen Story Hour, the library system Vohach said drag mocks women in a to social media that alluded to drag will continue supporting diversity, repulsive way and is offensive to the queen storytime programs, but Acteson said. gay community. which did not specify any particular “Libraries are about diversity and The supporters of the Drag Queen program. inclusion. Those are huge values for Story Hour at South Hill tried to Suzanne Thinnes, a spokesperson us, so we want to make sure that present a more positive image. “On for Carnegie Library, said staff at the we’re offering programs and services this side, everyone is having fun, the Children’s Museum alerted library meeting the needs of our communi- children are laughing. We have bal- officials to the online threat, and ties, and not just a chosen few,” she loons and face painting. It’s about love the two organizations discussed the said. “We certainly don’t want to and support and access to public,” cancellations. ever be trying to censor what we’re drag queen Nova Kaine said. Representatives for the Chil- doing—whether it’s in our programs Kaine argued that drag queens are dren’s Museum and Pittsburgh police or our selections.” performance artists and they were could not immediately be reached by Acteson could not say if the library here to be educational and enter- reporters seeking more information system would hold the same series of taining, not warp the minds of chil- about the cancellation. Reported in: events next year because the library dren. “If you don’t like it, choose Pittsburgh Post-Gazette, June 29, 2019; system has not yet discussed pro- not to go, but don’t stand and pro- triblive.com, July 1. gram planning for 2020. Reported test against something that you don’t

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Milwaukee, Wisconsin Channel 9 News, the local NBC affil- up on social media, including a post At Bay View Community Center iate, identified the group as the Patriot and comments by Waterville Mayor (BVCC) in Milwaukee on May 4, Front, and said it “is classified as a Nick Isgro against the event, and a 2019, Drag Queen Story Hour MKE white nationalist hate group by the thread of comments on the Face- presented a Drag Queen Story Hour Southern Poverty Law Center.” book page of Maine Conservative with a Star Wars theme, “May the Despite the hateful stickers, Book- Grassroots. Fierce Be with You.” Bar owner Nicole Sullivan never con- On the day of the reading, a group It featured Star Wars-related titles, sidered nixing the drag queen read- called An End to Child Indoctrina- including a comic book and two pic- ing, an event designed to celebrate tion at the Cellar Bookstore, protested ture books aimed at children ages two LGBT Pride Month. outside. They said they wanted to to eight: Goodnight Darth Vader by “I didn’t think about canceling the spread a message about sparing young Jeffrey Brown, Star Wars Search Your event, because then where do you children from the confusion of adult Feelings by Calliope Glass and Caitlin draw the line as a business?” she said. gender identity. Kennedy, and the Little Golden Book “You have one person trying to intim- A much larger group of more I Am a Hero (Star Wars). idate, but you have an event you feel than one hundred people waved Members of the American Society strongly about doing and a community LGBTQ flags and carried signs in a for the Defense of Tradition, Family that is coming out to support you.” counter-protest. and Property protested outside. They During the event, a man in a black The event had been in the works oppose homosexuality and believe T-shirt and black mask sprinted up since before the Waterville City drag queen storytimes groom children to the window and spray-painted the Council passed a resolution during the to accept non-traditional gender roles. storefront. Two people inside, along prior month declaring June 2 “Cen- They were countered by a group of with police officers stationed nearby, tral Maine Pride Day.” Reported in: young people and adults who gathered chased the man, eventually catch- Morning Sentinel/centralmaine.com, to demonstrate their support for the ing him in an alley. Samuel Cor- June 3, 2019. LGBTQ community. dova, twenty years old, was arrested Cassie Capriotti, BVCC’s program for investigation of a bias-motivated Raleigh, North Carolina director, said 17 children attended the crime with property damage, said More than one hundred people storytime. Christine Downs, a Denver police attended Drag Queen Story Hour— Mike Mortell, the recently spokesperson. possibly the first such event in appointed BVCC president and CEO, Blow’s reading list, selected in light Raleigh—in Medicine Mama’s Far- said that the Drag Queen Story Hour of pride month, included It’s Okay to macy, a store that sells CBD products was the first time such event was held Be Different by Todd Parr and Tomor- and products made from hemp (a can- at the center. “I was surprised there row I’ll Be Brave by Jessica Hische. nabis plant and variant of marijuana were protesters in this day and age,” Both books are centered on themes that doesn’t get users high). The event he said. “It underscores a need for of openness and acceptance. Blow was so successful, organizers said they inclusion.” Reported in: Bay View also read Just Add Glitter by Angela are considering holding the story hour Compass, May 4, 2019. DiTerlizzi, about a child’s creativity. once a month. Reported in: Denver Post, June 28, Amazing Grace, whose real name BOOKSTORES AND 2019; www.9news.com, June 28, is Travis Lewis, and Satine Allure, OTHER STORES July 1. whose real name is Jonathan Sand- Denver, Colorado erson, read children’s books that The BookBar bookstore in Denver Waterville, Maine included The Skin You Live In by suffered vandalism before and during About fifty people packed the inside Michael Tyler; Pink Is For Boys, by a reading it hosted by drag queen Miss of the Children’s Book Cellar on June Robb Pearlman, which talks about Shirley Delta Blow on June 27, 2019. 1, 2019, as Ophelia, a drag queen how colors don’t have genders; The The day before the event, the from Topsham, Maine, read from two Wonky Donkey, by Craig Smith, about store was tagged with stickers from books about inclusion. a donkey with only three legs; and a hate group. The Denver Post said it Earlier that week, Ellen Rich- One Fish, Two Fish, Red Fish, Blue Fish is not naming the group, in order to mond, owner of the children’s book- by Dr. Seuss. avoid giving it unnecessary attention. store, said outrage over the event blew

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Satine Allure wore a knee-length social media said the event “promotes things. They gave our leasing compa- dress with blue flowers and a tall spar- unnatural vice and moral disorder,” ny’s information. . . . They asked for kling crown. Amazing Grace wore and that it will “destroy children’s us to be shut down. They obviously a long, golden dress with a shorter innocence in a perverse way,” and it is wanted the event canceled. They crown. Children were invited to an “offense against God.” wanted our landlord to evict us.” make their own crowns. Jimmie Berry-Terry, one of the In the end, about 25 people gath- Organizers were expecting pro- store’s owners, said, “They said that ered outside the store praying, accord- tests after backlash followed their this event is done with scantily clad ing to a security guard. Reported in: announcement of the Saturday morn- men dressed as women, you know WTVD ABC-11, June 28, 2019; News ing show. Some of the commenters on known sex offenders, a lot of untrue & Observer, June 29.

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EDITOR’S NOTE: Not all challenges In an article in the June 2018 issue The Wizard of Oz, is not considered to free expression or privacy are covered of American Libraries, Anne Ford ques- offensive to modern sensibilities, but by the US Constitution. This ‘For the tioned why the ALA and the library its author, L. Frank Baum, has been Record” section includes news about edi- profession still associates its highest widely condemned for his newspaper torial, business, or social decisions in the honor with a man whose legacy does editorials calling for the extermina- private sector. not align with the profession’s core tion of Native Americans. values. Some 88 years after his death, Children’s author Trisha Speed LIBRARIES Dewey’s #TimesUp moment appears Shaskan, who volunteers at the Ker- Washington, D.C. to have finally come. Reported in: lan and received docent training for The Council of the American Library Publishers Weekly, June 24, 2019. the exhibit, said that when she pre- Association on June 23, 2018 voted to viewed the exhibit before it opened, remove the name of Melvil Dewey— COLLEGES AND she “immediately saw problematic creator of the Dewey Decimal Clas- UNIVERSITIES books on display. I felt that the exhibit sification System—from the associ- Minneapolis, Minnesota fell short in terms of not including the ation’s top professional honor, the The “ABC of It” exhibit at the Kerlan racist history of some books.” Melvil Dewey Medal. Collection, the venerable children’s Shaskan says that she suggested to Citing Dewey for racism, literature archive in the Elmer L. Von Drasek that footnotes be added anti-Semitism, and sexual harassment, Andersen Library at the University of to the signage to provide context the ALA Council approved the mea- Minnesota’s Minneapolis campus, has about the books that are considered sure, after a resolution was successfully been modified in response to con- problematic, and a bibliography with advanced at the ALA membership cerns that some of the featured books suggested readings be provided to meeting during the 2019 ALA Annual include content now seen as racist and visitors. In response to her concerns, Conference in Washington DC. The because of racist ideas expressed by Kerlan personnel initially placed bib- resolution states: some of the authors outside of their liographies of suggested readings and books. supplementary materials about racism Melvil Dewey did not permit Jewish The display, which opened on in children’s literature and banned people, African Americans, or other February 27, 2019, is based on a 2013 books on the second floor of the minorities admittance to the resort exhibit of the same title at the New exhibit area. The exhibit is spread out owned by Dewey and his wife; York Public Library, curated by chil- over three levels of the library. ● . . . he was censured by the New York dren’s literature historian Leonard The Kerlan opened its version State Board of Regents for his refusal to S. Marcus. The Kerlan Collection of “The ABC of It” exhibit with a admit Jews to his resort, whereupon he used Marcus’s 2013–2014 catalog, but reception and program featuring a resigned as New York State Librarian; replaced the objects from the NYPL conversation between Marcus and ● . . . Dewey made numerous inappropri- exhibit with materials from the Ker- Von Drasek. Several authors and oth- ate physical advances toward women he lan’s own collection. ers complained to Publishers Weekly worked with and wielded professional When Kerlan opened its version of that the program did not allow for power over . . . the exhibit, its display of books and audience participation, preventing . . . the behavior demonstrated for related artifacts presented them with- them from addressing both Marcus decades by Dewey does not represent out comment. At the same time, the and Von Drasek directly with their the stated fundamental values of ALA University of Minnesota published concerns. in equity, diversity, and inclusion. the exhibit’s catalog, The ABC of It: In response, Von Drasek told Pub- Why Children’s Books Matter (2019) by lishers Weekly (PW) via email that Dewey was one of the founders of Marcus, with a forward by Lisa Von because the discussion went past its the American Library Association in Drasek, who curated the new exhibit. scheduled ending and the library’s 1876, and has long been revered as the Critics of the exhibit said some of closing time, she made the decision “father of the modern library,” despite the children’s books may be classics, not to allow audience questions. The being ostracized from the ALA in but are now considered by some to following week, at her direction, 1906 because of his offensive personal be racist, such as The Cat in the Hat signage labeled “Things to Think behavior. by Dr. Seuss and Caddie Woodlawn by About” was added to the Dr. Seuss Carol Ryrie Brink. Another classic, book display.

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On March 6 Von Drasek sent an the over-the-top absurdist narrative, the usage by the family’s Jews and email informing a group of about ten drawing attention to—not champi- Christians,” Kestin notes in the press Minnesota children’s book authors oning—the ridiculous ways in which release. and others about tweaks being made we, as a universal community, see one Dotter said around two thousand- to the exhibit (to supplement the bib- another and fail in our interactions. copies of The Siege of Tel Aviv were liographies on the second floor). The That the novel has been viewed as printed—one thousand of which have email announced a plan to hold a pub- otherwise is our failing.” already been sold. The other thousand lic forum on racism in children’s lit- Kestin was a foreign correspon- copies remained in a warehouse after erature. In the email, she wrote, “We dent in the Middle East for two sales were halted. appreciate our critical friends pointing decades, according to his bio, report- Kestin has the option of purchas- out where we can do better and must ing on war, international security, ing the remaining copies rather than do better as teachers and learners, as arms dealing, and global business. having them pulped, or destroyed, curators and librarians to be inclusive The bio also indicates that the author, Dotter said. The editor-in-chief added and reflective in our practice.” based in Long Island, New York, is that the publishing firm, based in Ann For his part, Marcus told PW via an eighteen-year veteran of the Israel Arbor, Michigan, would let the author email that he is happy “that the cur- Defense Forces. sell the remaining copies if all men- rent version of the exhibition has Kestin said Gillis’ characterization tions of Dzanc are removed from the generated thoughtful discussions and of the novel as satire was made up. book. Reported in: Mlive.com, April appreciates the efforts that the univer- He described The Siege of Tel Aviv as 30, 2019. sity is making to respond to commu- “soaked in blood, as much a satire as nity concerns.” 1984 or The Manchurian Candidate.” New York, New York Reported in: Publishers Weekly, “In tossing out ‘satire,’ Gillis was Blood Heir, Amélie Wen Zhao’s debut March 12, 2019. trying to deflect the seriousness of the novel, will be published after all, the book—which is based simply on what author announced in April 2019. In BOOK PUBLISHING Iran and militant Islam threaten every January, the author had cancelled Ann Arbor, Michigan day, which is to wipe out Israel— the book’s scheduled June release, in The Siege of Tel Aviv (2019) by Israe- instead saying it’s really just a comic response to social media criticism by li-American author Hesh Kestin was romp,” Kestin said. “It posits a world “influencers” who had been given only in print for two days. Dzanc in which Iran leads five Arab armies advanced readers copies. [See JIFP, Books published it on April 16, 2019, in a conquest of Israel that promises Spring 2019, page 71.] but reverted its rights back to Kestin a second Holocaust. Nothing satiric Some early readers argued that a couple of days later. The publishing here, just scary.” Zhao’s depiction of slavery was house determined that it no longer Kestin issued a press release after racially insensitive. Zhao said her supported the author’s narrative or the book was pulled by Dzanc. He young adult fantasy was inspired by generalizations of Muslims, according claimed the publisher pulled the book human trafficking in Asia, but issued to Dzanc Books Publisher and Editor- one day after a small corner of social an apology to readers who judged the in-Chief Michelle Dotter. media admonished the book’s views book in relation to the legacy of slav- Dzanc co-founder Steve Gillis said on Muslims and the Middle East. Kes- ery in the United States. The Siege of Tel Aviv addresses the tin also criticized Dzanc for quickly In March, Zhao called her editor “tragic situation” in the Middle East pulling half of the book’s text that was at Delacorte Press and told her that by wedding absurdism with satire and posted online. she wanted to move forward with the social commentary. It was not meant Kestin claims the two points of novel after all. She made some revi- to be read literally as an Islamophobic contention voiced online revolve sions, and Blood Heir is now scheduled text, Gillis said. around his use of the word “Moslem,” to be released in November. “That the material presents itself rather than Muslim, and referring to “Ultimately, it’s true to my vision,” as problematic in this regard troubles Iran as an Arab country, which is not she said. me deeply,” Gillis said in a statement culturally accurate. After Zhao decided she wanted to after the book began to receive nega- “My Iranian Moslem/Muslim release the book, she and her pub- tive pushback. “I hoped readers would family members in Houston use lisher sought feedback from schol- understand the intent of the novel, both spellings, though I’m unsure of ars and sensitivity readers in an effort

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ SUMMER 2019 80 FOR THE RECORD _ NEWS

to resolve any ambiguity around the AHOY Comics, which started buy guns saw hundreds more firearm type of indentured labor depicted. publishing in September 2018, said it deaths. They had academics from different would release the first issue of Sec- No one was hurt in the protest, multicultural backgrounds, as well as ond Coming on July 10, 2019. In total, and no damage was done to the store, one who studies human trafficking AHOY Comics will be publish- said co-owner Bradley Graham. “The in Asia, evaluate the text, and Zhao ing a six-part Second Coming series. audience was not particularly recep- added new material and made changes Reported in: Syracuse.com, March tive,” Graham said. “We just let them based on their comments. They had 14, 2019. have their say, expecting they would additional sensitivity readers vet the leave, and they did. It doesn’t often book for racial and other stereotypes. BOOKSTORES happen here. It’s a sign of the times.” It is unclear whether such efforts Washington, D.C. Metzl said, “It was very symbolic will mollify Zhao’s critics. Reported A public discussion of Dying of for me. In case anybody’s wondering in: New York Times, April 29. Whiteness: How the Politics of Racial what’s happening right now, they’re Resentment is Killing America’s Heart- illustrating my point.” Reported in: COMICS PUBLISHING land (2019) by Jonathan M. Metzl Washington Post, April 27, 2019. Burbank, California, and was interrupted by about ten Syracuse, New York self-proclaimed white nationalists at TELEVISION Second Coming, a satirical comic series the Politics and Prose bookstore in Burbank, California about Jesus Christ coming back to Washington, DC, on April 27, 2019. The Simpsons episode “Stark Raving earth and learning what has hap- Metzl, a psychiatrist and director Dad” is one of the iconic episodes pened to his teachings, written by of the Center for Medicine, Health, from the show’s early run—but it will Mark Russell and drawn by Richard and Society at Vanderbilt University, now be harder for fans to view. Pace, was cancelled by DC Comics, was discussing his new book when Michael Jackson provided a voice but resurrected by a new publisher, the protestors with their own videog- for the episode, which aired as the AHOY Comics, based in Syracuse, rapher walked in. Videos posted on premiere of the show’s third season New York. Twitter show them gathering in front on September 19, 1991. His involve- Second Coming’s story line revolves of Metzl. An unidentified man with ment was uncredited, and only years around God commanding Earth’s an electric megaphone then declared, later were rumors confirmed it was mightiest superhero, Sunstar, to accept “You would have the white working actually Jackson’s voice on the show. Jesus Christ as his roommate. Jesus, class trade their homeland for hand- But now, following extensive allega- shocked at the way humans have outs.” Amid booing, the man added, tions of sexual assault by Jackson, as twisted his message over two millen- “But we, as nationalists and identi- chronicled in the HBO documentary nia, vows to straighten things out. tarians, can offer the workers of this “Leaving Neverland,” The Simpsons DC Comics, based in Burbank, country a homeland, their birthright, producers decided to pull the episode California, announced in the sum- in addition to health care, good jobs from rotation. mer of 2018 that it would launch the and so forth.” The booing got louder. “It feels clearly the only choice to comic in March 2019. The man with the megaphone then make,” executive producer James L. In January 2019, a petition was started a chant of “This land is our Brooks told the Wall Street Journal, launched on CitizenGo.com to get land,” and the men walked back out. which broke the news on March 7, DC to pull the release from its sched- Metzl’s book explores how some 2019. He told the paper that fellow ule. Stories calling the series “more lower- and middle-class white Amer- executive producers Matt Groening blasphemous than biblical” started icans are drawn to politicians who and Al Jean agreed with the decision. appearing in Christian news sources promise to improve their lives, but In the episode, Jackson voiced the and Fox News. In February 2019, Cit- who promote policies that place white character Leon Kompowsky, who izenGo.com declared victory as DC Americans at greater risk of illness meets Homer Simpson in a men- announced it was canceling publica- and death. Metzl’s research found that tal institution. Simpson brings home tion of the series. people in states that rejected Med- the character, a large white man who The Second Coming creators asked icaid expansion and blocked the full claims to be Michael Jackson. Ulti- DC Comics to revert the publishing Affordable Care Act lived shorter mately, Leon helps Bart Simpson cel- rights back to them, and DC did. lives, and states that made it easier to ebrate his sister’s birthday by singing

JOURNAL OF INTELLECTUAL FREEDOM AND PRIVACY _ SUMMER 2019 81 FOR THE RECORD _ NEWS

one of the show’s most memorable But the short was pulled from the Coulton said that he was told that tunes, “Happy Birthday Lisa.” Jackson show at the request of CBS about CBS had concerns for the safety of didn’t actually sing on the episode; two weeks before it was scheduled to its employees in China if the seg- Kipp Lennon mimicked Jackson’s stream, said King, who created the ment were included. CBS also has a voice on all of the episode’s songs. show with her husband, Robert King. Chinese audience, and when releas- “This was a treasured episode. Jonathan Coulton, the songwriter ing content that is critical of China, There are a lot of great memories we who makes the shorts, said in an American entertainment companies have wrapped up in that one, and interview that this particular video often have to weigh the risk of hav- this certainly doesn’t allow them to started with the fact that The Good ing their shows or movies blocked in remain,” Brooks told the newspaper. Wife had been banned in China, the country. Reported in: New York He said it would take time, however, most likely because of an episode that Times, May 7, 2019. for the show to be removed from showed a Chinese dissident character syndication, as well as FXX’s “Simp- being tortured. (The spinoff The Good INTERNET sons World” on-demand service, and Fight has not been banned.) United States future reissues of its DVD sets. Coulton said the animated short Nearly 3 million students around the “I’m against book burning of any included a host of references to topics country struggle to keep up with their kind. But this is our book, and we’re that have been censored on the inter- studies because they must make do allowed to take out a chapter,” he net in China. Those include Falun without home internet. In classrooms, told the Journal. Reported in: Variety, Gong, a spiritual movement that is access to laptops and the internet is March 7, 2019. repressed by the Chinese government; nearly universal. Yet at home, the Tiananmen Square, a reference to the cost of internet service and gaps in its New York, New York violent crackdown on pro-democracy availability create obstacles in urban In the middle of an episode of The demonstrators in 1989; Winnie-the- areas and rural communities alike. Good Fight on May 2, 2019, a scene Pooh, to whom China’s president, Xi In what has become known as the depicting a confrontation between Jinping, is often compared; and the homework gap, an estimated 17 per- lawyers and their clients abruptly letter N, used by critics of the recent cent of US students do not have access stopped. Shortly after, for about eight change to the Chinese Constitution to computers at home, and 18 percent seconds, a black screen flashed the that lets Xi stay in power indefinitely. do not have home access to broadband words, “CBS HAS CENSORED “It was a little bit like poking the internet, according to an Associated THIS CONTENT.” bear,” Coulton said. “They had gotten Press analysis of census data. Some viewers of the legal drama approval all along, and at the last min- Students without internet at home saw the message as satire, just part ute, a couple of weeks before, they got are more likely to be students of of the show’s irreverent approach to word that they couldn’t put it in the color, from low-income families or in current events, Michelle King, one of show.” households with lower parental educa- the showrunners, said in an interview. In a statement, CBS All Access tion levels. Others, King said, took it as the pro- said: “We had concerns with some A third of households with school- ducers had intended: literally. subject matter in the episode’s ani- age children that do not have home The show, which runs on the CBS mated short. This is the creative solu- internet cite the expense as the main All Access streaming channel, and tion that we agreed upon with the reason, according to federal Education is a spinoff of The Good Wife, often producers.” A spokeswoman declined Department statistics gathered in 2017 breaks from its plot for an animated to comment further. and released in May 2019. The sur- musical short that digs into controver- The New Yorker first reported the vey found the number of households sial political issues of the day with an details of CBS’s decision to censor the without internet has been declining explanatory style similar to Schoolhouse animated short. overall but was still at 14 percent for Rock! A theme of the May 2 episode King said that she and her husband metropolitan areas and 18 percent in was American companies that want to initially told CBS that they would nonmetropolitan areas. Reported in: do business in China and the pressures quit the show if the song was pulled, Associated Press, June 10, 2019. they face to appease Chinese govern- but that they eventually agreed on ment censors. An animated short was inserting a message saying that the created on that same theme. company had censored it.

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SOCIAL MEDIA of ads, presumably a result of the said it would introduce stricter poli- San Bruno, California new policy.” Thousands of videos are cies for live-streamed videos. YouTube on June 5 expanded its hate- expected to be removed. Mark Zuckerberg, Facebook’s chief speech policy. YouTube last year started displaying executive, said in a call with reporters “Today, we’re taking another step Wikipedia links and other informa- that governments around the world in our hate-speech policy by specifi- tion alongside videos that spread con- should take a more proactive role in cally prohibiting videos alleging that spiracy theories. The effort to recom- the regulation of online speech. “If a group is superior in order to justify mend more accurate information will the rules for the internet were being discrimination, segregation, or exclu- expand, too, YouTube said today. written from scratch today, I don’t sion based on qualities like age, gen- “If a user is watching a video that think people would want private der, race, caste, religion, sexual orien- comes close to violating our policies, companies to be making so many tation, or veteran status,” YouTube’s our systems may include more videos decisions about speech themselves,” announcement said. “This would from authoritative sources (like top Zuckerberg said. include, for example, videos that pro- news channels) in the ‘watch next’ Facebook said it had removed four mote or glorify Nazi ideology, which panel,” YouTube said. million hate-speech posts during the is inherently discriminatory. Finally, A day after YouTube announced its first three months of the year, and we will remove content denying that new policy, messages with threatening detected 65 percent of them with arti- well-documented violent events, and biased terms directed at YouTube ficial intelligence, up from 24 percent like the Holocaust or the shooting at started appearing on social media the year before. Its automated systems Sandy Hook Elementary, took place.” about 150 times an hour, according to for detecting violence also improved, YouTube, which is owned by Storyful’s analysis. Reported in: Ars Facebook said. It caught 98 percent of Alphabet subsidiary Google and has Technica, June 5, June 6; Wall Street the violent content posted on its plat- been under pressure to ban more Journal, June 6. form before users reported it. offensive content, said on June 5 that “We estimated for every 10,000 it would begin enforcing the updated San Francisco, California times people viewed content on Face- policy immediately. “However, it Facebook claimed on May 23, 2019, book, 25 views contained content will take time for our systems to that it had become more aggres- that violated our violence and graphic fully ramp up, and we’ll be gradually sive about scrubbing its platform of content policy,” Guy Rosen, Face- expanding coverage over the next sev- hate speech. In a report the com- book’s vice president of integrity, eral months,” YouTube said. pany releases biannually, Facebook wrote in a blog post. Some of the videos targeted by also said that its automated detection But Facebook sometimes mistak- YouTube’s new policy do have “value software for scrubbing illicit content enly removes content that does not to researchers and NGOs looking to was improving and now automatically violate its policies. Zuckerberg said understand hate in order to combat detects and removes more than half of Facebook would establish an indepen- it,” the company said. Because of that, the hate speech on the platform. dent review board that would double- YouTube said it is “exploring options” Regulators have expressed renewed check its removal decisions. to make banned videos available to interest in cracking down on Face- The social media company also researchers and NGOs in the future. book after a gunman in Christchurch, reported a spike in the number of “Context matters, so some videos New Zealand, live-streamed his mass fake accounts, which it said had been could remain up because they discuss killings on his Facebook account. The caused by large groups of malicious topics like pending legislation, aim to video was viewed just four thousand users trying to register for accounts. condemn or expose hate, or provide times before Facebook removed it, but The company disabled 2.19 billion analysis of current events,” YouTube it spread rapidly across the internet fake accounts in the first quarter of said in its June 5 announcement. and was reposted millions of times. 2019, up from 1.2 billion in the final The New York Times noted, “You- The video prompted government quarter of 2018. Reported in: New Tube did not name any specific chan- leaders from around the world to York Times, May 23, 2019. nels or videos that would be banned. sign on to the “Christchurch Call,” But . . . numerous far-right creators an agreement to limit violent and began complaining that their videos extremist content online. Facebook had been deleted or had been stripped

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BOOKS

50 Cent, Death Before Dishonor �������������������������������������������������������������������������������������������������������������������� 20 Ahearn, Frank M., and Eileen C. Horan, How to Disappear: Erase Your Digital Footprint, Leave False Trails, and Disappear without a Trace ������������������������������������������������������������������������ 18 Albertalli, Becky, Simon vs. the Homo Sapiens Agenda ��������������������������������������������������������������������������14 Anderson, Laurie Halse, Speak �������������������������������������������������������������������������������������������������������������������������16 Andreyko, Marc, Love Is Love �����������������������������������������������������������������������������������������������������������������������������16 Bashi, Golbarg, P Is for Palestine ������������������������������������������������������������������������������������������������������������������� 60 Bechdel, Alison, Fun Home: A Family Tragicomic (2 challenges) �������������������������������������������������15, 26 Blumenthal, Max, The Management of Savagery: How America’s Security State Fueled the Rise of Al Qaeda, ISIS, and Donald Trump ������������������������������������������������������������������ 21 Burgess, Anthony, A Clockwork Orange (2 challenges) ��������������������������������������������������������������������13, 18 Butler, Paul, Chokehold: Policing Black Men ������������������������������������������������������������������������������������������������ 18 Carter, Ally, Only the Good Spy Young �����������������������������������������������������������������������������������������������������������13 Charriere, Henri, Papillon ���������������������������������������������������������������������������������������������������������������������������������� 20 Chopin, Kate, The Awakening �����������������������������������������������������������������������������������������������������������������������������13 Corinna, Heather, S.E.X: The All You Need to Know Sexuality Guide to Get You Through Your Teens and Twenties ��������������������������������������������������������������������������������������������������������� 12 Dauvillier, Loic, Greg Salsedo, et al., Hidden: A Child’s Story of the Holocaust ����������������������������16 Davis, Angela Y., Are Prisons Obsolete? ������������������������������������������������������������������������������������������������������ 18 Doctorow, Cory, and Jen Wang, In Real Life �����������������������������������������������������������������������������������������������16 Duncan, Lois, Killing Mr. Griffin ��������������������������������������������������������������������������������������������������������������������������13 Education Justice Project, Mapping Your Future: A Guide to Successful Reentry 2017-2018 ��������������������������������������������������������������������������������������������������������������������������������������� 63 Flynn, Vince, Consent to Kill ��������������������������������������������������������������������������������������������������������������������������������19 Forman, James Jr., Locking Up Our Own: Crime and Punishment in Black America ��������������� 63 Gaiman, Neil, American Gods ��������������������������������������������������������������������������������������������������������������������������� 18 Garcia, Cristina, Dreaming in Cuban ���������������������������������������������������������������������������������������������������������������13 Haack, Daniel, Prince & Knight ������������������������������������������������������������������������������������������������������������������������� 59 Haddon, Mark, The Curious Incident of the Dog in the Night-Time �������������������������������������������������� 62 Harivel, Tara, and Paul Wright, Prison Nation: The Warehousing of America’s Poor �����������������19 Harrison, Hazel, How to Paint & Draw ����������������������������������������������������������������������������������������������������������� 18 Henry, April, Blood Will Tell ���������������������������������������������������������������������������������������������������������������������������������13 Honnef, Klaus, Contemporary Art ��������������������������������������������������������������������������������������������������������������������19 Jackson, Ahmariah, Locked Up but Not Locked Down: A Guide to Surviving the American Prison System �����������������������������������������������������������������������������������������������������������������������������19 James, E.L., Fifty Shades of Grey ������������������������������������������������������������������������������������������������������������������ 18 Katcher, Brian, Almost Perfect ��������������������������������������������������������������������������������������������������������������������������13 Kestin, Hesh, The Siege of Tel Aviv ���������������������������������������������������������������������������������������������������������������� 80 Kilodavis, Cheryl, My Princess Boy ������������������������������������������������������������������������������������������������������������������ 12 Kirkman, Robert, The Walking Dead (series) �����������������������������������������������������������������������������������������������14 Lewis, John, March �������������������������������������������������������������������������������������������������������������������������������������������������15 Lordan, Christopher, and Robert Dellelo, The Factory: A Journey Through the Prison Industrial Complex ���������������������������������������������������������������������������������������������������������������������������19 Lydon, Jason, et al., Coming Out of Concrete Closets: A Report on Black & Pink’s National LGBTQ Prisoner Survey �������������������������������������������������������������������������������������������������������������19 Madaras, Lynda, Area Madaras, et al., The What’s Happening to My Body?: Book for Boys �������������������������������������������������������������������������������������������������������������������������������������������������� 12

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Madaras, Lynda, Area Madaras, et al., The What’s Happening to My Body?: Book for Girls ��������������������������������������������������������������������������������������������������������������������������������������������������� 12 Martin, George R.R., A Game of Thrones ����������������������������������������������������������������������������������������������������� 18 Mathieu, Jennifer, The Truth about Alice �����������������������������������������������������������������������������������������������������13 McCormick, Patricia, Sold ������������������������������������������������������������������������������������������������������������������������������������14 McCourt, Frank, Angela’s Ashes �����������������������������������������������������������������������������������������������������������������������13 McCoy, Aiden, How to Analyze People: An Ideal Book for Understanding Different Personalities ���������������������������������������������������������������������������������������������������������������������������������������������������� 18 McNab, Chris, How to Survive Anything, Anywhere ��������������������������������������������������������������������������������� 18 Metzl, Jonathan M., Dying of Whiteness: How the Politics of Racial Resentment Is Killing America’s Heartland ����������������������������������������������������������������������������������������������������������������������� 81 Morrison, Toni, Beloved ����������������������������������������������������������������������������������������������������������������������������������������13 Morrison, Toni, The Bluest Eye ��������������������������������������������������������������������������������������������������������������������������13 Myers, Walter Dean, Monster ����������������������������������������������������������������������������������������������������������������������������16 Naylor, Gloria, The Women of Brewster’s Place �����������������������������������������������������������������������������������������13 Northup, Soloman, Twelve Years a Slave ���������������������������������������������������������������������������������������������������� 18 Pessin-Whedbee, Brook, Who Are You?: The Kid’s Guide to Gender Identity ������������������������������ 12 Saltz, Gail and Lynne Avril Cravath, Changing You!: A Guide to Body Changes and Sexuality �������������������������������������������������������������������������������������������������������������������������������� 12 Sanders, Rob, PRIDE: The Story of Harvey Milk and the Rainbow Flag ��������������������������������������������16 Stallworth, Ron, Black Klansman ��������������������������������������������������������������������������������������������������������������������� 18 Stowe, Harriet Beecher, Uncle Tom’s Cabin ����������������������������������������������������������������������������������������������� 63 Thomas, Heather Ann, Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy ����������������������������������������������������������������������������������������������������������������������������������������������������������19 Wadsworth, Melissa, How to Make Small Talk: Conversation Starters, Exercises, and Scenarios ���������������������������������������������������������������������������������������������������������������������������������������������������������� 18 Washington, Booker T., Up from Slavery ����������������������������������������������������������������������������������������������������� 63 West, Cornell, Race Matters ���������������������������������������������������������������������������������������������������������������������������� 63 Zhao, Amélie Wen, Blood Heir ������������������������������������������������������������������������������������������������������������������������� 80

PERIODICALS

Allure ����������������������������������������������������������������������������������������������������������������������������������������������������������������������������19 Art in America ����������������������������������������������������������������������������������������������������������������������������������������������������������19 Cosmopolitan ������������������������������������������������������������������������������������������������������������������������������������������������������������19 Elle ��������������������������������������������������������������������������������������������������������������������������������������������������������������������������������19 Hooters �����������������������������������������������������������������������������������������������������������������������������������������������������������������������19 Hot Bike �����������������������������������������������������������������������������������������������������������������������������������������������������������������������19 Prison Legal News ������������������������������������������������������������������������������������������������������������������������������������������������� 18

STUDENT PUBLICATIONS/PERFORMANCES

Bear Creek High School Bruin Voice (newspaper) ������������������������������������������������������������������������������������61 Finn, William, The 25th Annual Putnam County Spelling Bee (play) ����������������������������������������������� 62 Rutgers University Daily Targum (newspaper) �������������������������������������������������������������������������������������������17

COMICS

Russell, Mark, Second Coming (series) ���������������������������������������������������������������������������������������������������������� 81

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ARTWORK

Arnautoff, Victor, Life of Washington ������������������������������������������������������������������������������������������������������������ 12 Seemel, Gwenn, Hello Shitty, Available in a White House Near You! (Grab Him by His Pussy) ���������������������������������������������������������������������������������������������������������������������������� 60 Smith, George Melville, Indians Cede the Land ���������������������������������������������������������������������������������������� 59 Stanton, Beau, Ava Gardner ������������������������������������������������������������������������������������������������������������������������������61

TELEVISION

Arthur episode, “Mr. Ratburn and the Special Someone” �������������������������������������������������������������������� 22 The Good Fight, May 2, 2019 episode ���������������������������������������������������������������������������������������������������������� 82 The Simpsons episode, “Stark Raving Dad” ������������������������������������������������������������������������������������������������ 81

SIGNS AND SYMBOLS

Lady Gaga quotation ���������������������������������������������������������������������������������������������������������������������������������������������16 LGBTQ rainbow flag ��������������������������������������������������������������������������������������������������������������������������������������������� 60

GAMES

Dungeons and Dragons ����������������������������������������������������������������������������������������������������������������������������������������19 Pathfinder ������������������������������������������������������������������������������������������������������������������������������������������������������������������19

ADVERTISEMENTS (PUBLIC TRANSIT)

Dame Products ������������������������������������������������������������������������������������������������������������������������������������������������������ 34

TRADEMARKS

Brunetti, Erik, FUCT ���������������������������������������������������������������������������������������������������������������������������������������������� 23

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