Saturday, February 6, 2010

Books Challenged or Banned (Resource)

A great resource for tracking censorship is a set of booklets published by the American Library Association, in cooperation with a number of other organization, titled Books Challenged & Banned in 2008-2009. There are presently five booklets in the series, starting with 2004-2005. These tend to cover censorship attempts from May to May, so I'm looking forward to the 2009-2010 edition to come out this summer.


These booklets are based on the ALA's Newsletter for Intellectual Freedom, which is available by subscription. Books Challenged and Banned pulls that information together into a single place, listing works by title and author, and describing the censorship attempts made against each. The documented censorship attempts are serious, describing cases in which "someone has tried to restrict another person’s ability to choose." Of course, as the booklet itself points out, this information is based only on censorship attempts that are reported to the ALA. Estimates indicate that most censorship attempts go unreported.


The 2008-2009 edition includes the earlier stages of the West Bend debacle, before it was extended to scores of books. The Leesburg, FL, upheaval didn't start until well into 2009, and so is not included at all. Producing the 2009-2010 edition, then, will be quite a lot of work, given the number of books challenged just by those two campaigns, let along the many other, smaller acts of censorship that were reported.

The following links will access the PDF files containing each year's edition. These files are on the large side, so might take a few moments to download and open:




When the 2009-2010 edition comes out, a link should be posted at the bottom of the ALA's Free Downloads page related to Banned Books Week.

Wednesday, February 3, 2010

Why Leesburg and Lake County Got Quiet

Readers of my blog may recall that around June through October a censorship campaign was underway in Leesburg and Lake County, Florida. Starting with a complaint about Maureen Johnson's The Bermudez Triangle and Cecily Ziegesar's Only in Your Dreams, the undertaking quickly expanded to a challenge against 43 titles.  The challengers wanted the books re-shelved from the children's section to the adult section of the library, and to have warning labels attached to them. Pressure was first applied to the Leesburg library, but was rejected. The challengers then took their campaign to the surrounding Lake County. This, too, was shot down, and that seems to have been the end of it.

I think the Leesburg/Lake County situation bears out one lesson I've repeatedly emphasized on this blog: the importance of qualified legal advice. The Lake County commissioners took a wise step that is skipped in far too many censorship debates: they consulted the county attorney, asking for a legal opinion on the requested re-shelving. The value of this step is demonstrated by the abrupt end of the censorship campaign. The commissioners clearly understood that they could not accede to the censors' demands because the county attorney's opinion was unequivocal. It is worth noting a few quotations from the attorney's memo to the commissioners, which is available through Open Records Request:
Courts have generally held that the relocation of a book from a children’s section to the adult section of the public library constitutes a violation of the First Amendment of the U.S. Constitution, unless such publications are deemed obscene as that term is defined by the U.S. Supreme Court and Florida Statutes, or unless such decision is based upon established, regular, and facially unbiased procedures for review of controversial materials.
In other word, just moving the books from one section to another, depending on the motivation for that move, can violate Free Speech rights.  Books can certainly be removed if they are obscene, but determining that a book is obscene must be based on court precedents and state statutes, and not merely on personal opinions.  Transparent procedures for considering such actions must avoid giving the appearance of bias.

Further:
Therefore, the government cannot limit access to library materials unless the government can demonstrate that the restriction is necessary to achieve a compelling governmental interest and there are no less restrictive means available.
Note that here the attorney has carefully included the important phrase "and there are no less restrictive means available."  This phrase is critical to understanding Free Speech law, and is nearly always omitted by would-be censors when they talk about the compelling state interest in protecting children from obscene materials.

And:
However, where the government, in making their decision to remove or relocate a publication, ignores the advice of literary experts, ignores the views of librarians and teachers, and ignores the guidance of literary publications that rate books for students, it faces a challenge that the decision was based upon irregular and ad hoc procedures.
In other words, pandering to public opinion without considering expert advice can cause legal problems.

In rendering this legal opinion, the county attorney repeatedly cited four court precedents:

Board v. Pico
Counts v. Cedarville School District
Right to Read Defense Committee of Chelsea v. School Committee of the City of Chelsea
Sund v. City of Wichita Falls

These are cases I've relied on quite heavily in this blog and my related website when countering the claims of would-be censors.  My estimation of the importance of these cases has gone up a notch after seeing how an attorney applied them to a typical censorship campaign.

This brings up a second important point: not every attorney knows about these cases. While every attorney understands the First Amendment in a general sense, a detailed understanding of all the court decisions and their implications is a specialization not every attorney has. It can be useful, then, to provide a list of these cases to any attorney who is not a First Amendment specialist but who is faced with a censorship issue.  The attorney will form her or his own opinion, of course, but providing this list of cases can save a lot of time for everybody.

(Click HERE to see information on these and other cases, including formal citations).

Monday, February 1, 2010

Canada's Freedom To Read Week 2010


Canada's Freedom to Read Week 2010 starts this month, running from Feb. 21st through 27th. Freedom to Read week is "an annual event that encourages Canadians to think about and reaffirm their commitment to intellectual freedom." It is similar to Banned Books Week in the U.S.

There are important differences in the law between the two countries, so the legalities of responding to censorship can't be applied from one to the other. Nonetheless, the patterns of censorship in both countries are similar, and it is illuminating to compare and contrast them. In particular, take note of the Canadian list of Challenged Books and Magazines.

Just to demonstrate how similar censorship efforts are in both countries, check out How To Spot a Would-Be Censor on the Freedom To Read website. It says:
The type of person who challenges books
  • Invariably denies being in favour of censorship;
  • Has rarely read the work in whole or often even in part;
  • Quotes excerpts out of context;
  • Demonizes the author and his/her other works.
Sound Familiar?


[With thanks to the Fahrenheit 451 Blog, for bringing attention to this event.]

Saturday, January 30, 2010

Too Serious To Laugh

I'm not too sure what happened this week in the Culpeper County Public Schools in Virginia. A book was pulled, or it wasn't. It was done on purpose, or it was a mistake, or it never happened. It was because of sexual explicitness, or was it homosexual themes? The superintendent supports the action, or maybe not.

The book in question is quite a serious matter, Anne Frank's, Diary of A Young Girl: The Definitive Edition, the well-known account of a Jewish family in hiding in the Netherlands during the Nazi occupation. I remember reading the diary in eighth grade, which is around the age when most Americans read it. That makes sense, since the author was right around the age of 14 as she wrote.

Those of us who read the book prior to 1995 have missed something. The book we read was a little shorter, Anne Frank's father having withheld some details from the published edition. "The definitive edition" was the first time the unabridged diary was published in English, restoring the omitted sections.

And there's the problem. It seems that a few of the restored sections discuss sexual feelings, "including one where the young girl writes about discovering her vagina," as the Culpeper Star-Exponent put it. A parent complained about this, and at least some school officials tripped over themselves rushing to be seen as taking action. One school official, according to newspapers, stated that the book had been pulled. National and international ridicule and condemnation of the administration was swift and merciless. Then administrators tripped over themselves running in the opposite direction.

Removing the dictionary from a California classroom because it contained dirty words was laughably ridiculous. Challenging Buster's Sugartime in Tulsa for daring even to mention a same-sex couple was entertaining buffoonery. But pulling Diary of a Young Girl is not funny at all. It's evil.

Culpeper County School officials now say that pulling the book was a mistake. They have assured the media that the book is still available in the classroom. But it appears there is still going to be a "review" sometime this Spring.

See:

The Slippery Slope in Australia

I've said I support, with considerable limitations, the idea of internet filters on computers used by children. I've also been strident in opposing internet filtering for adults, in large part because I see such measures as teetering on the brink of a dangerously slippery slope. The federal government of Australia, in recent months, has taken huge steps in validating my fear: they are showing the world just how slippery that slope really is. The similarities between American and Australian cultures makes this move both surprising and horrifying.

Australian law already prohibits Internet Service Providers (ISPs) in that country from hosting what is called Refused Content (RC). ABC News, that's the Australian Broadcasting Corporation, describes RC as including "child sex abuse, bestiality, sexual abuse and detailed instructions for crime or drug use." These restrictions are, of course, justified by the aim of "protecting children."

The new twist, the start of the slide down that slippery slope, is in proposed new legislation that would require all ISPs in Australia to block RC that is hosted on servers outside of the country. Apparently, blocking would be done on the basis of a black list, a list of sites that the ISPs are supposed to block, said list to be provided by the federal government. This would not require a piece of software residing on every, or even any, user's computer. The prohibited sites would not be available to anyone, minor or adult, because the ISPs themselves, the companies that connect each individual user's computer(s) to the rest of the planet, will be blocking access to the prohibited sites.

Think about that a minute: the federal government will have the legal authority to create a list of prohibited websites, blocking anything in the world they choose to block, and to force all ISPs in Australia to go along with that blocking. In theory, the government would only place sites containing Refused Content on the black list. But nobody will be able to verify this, since the process of creating the list will be secretive, the actual contents of the list will be an official secret, and nobody will be able to check the list because all the sites on it will be blocked.

Of course, any such black list, even when created with the best of intentions, must have errors in it, sins of both omission and commission. This has already been demonstrated, since a preliminary version of the list was leaked to the press. The media have mocked with gusto the blocking of the websites of a "dentist and a truckshop consultant."

And who in their right mind would assume that any government, given the ability to block internet content with impunity, could resist abusing that power?

Similarly bizarre and totalitarian efforts have been attempted in the United States, such as the Communications Decency Act (CDA) and the Child Online Protection Act (COPA), both resoundingly overturned by the Supreme Court. At the moment we operate under the much tamer Children's Internet Protection Act (CIPA), binding only on libraries that accept federal funds, plus a patchwork of state-mandated and voluntary internet filtering efforts. None of these is so centralized or chilling as what Australia is now considering.

And yet, there is that same element here in the U.S. There seems to be no shortage of those who would pressure a library to accept government funds just to force that library to comply with the CIPA. Once the library is CIPA-compliant, there's always someone who appoints herself or himself sheriff, looking over other people's shoulders, and raising a ruckus if somebody is looking at a website the self-appointed sheriff doesn't approve of. And once the ruckus has been raised, there's always some dunderheaded councilperson or commissioner or school board member who will try to take advantage of the mess to impose further restrictions on what adults can access on the web. And once those restrictions are added on, there's always an "error," an"oversight," blocking access to something that should never be blocked.

Australian media are quite right to point out that the proposed law puts their country in the same league with China and Iran. And if it can happen in Australia, it can happen in the U.S.

See: