The court decisions described here are only a few of the many that have some impact on Free Speech and Censorship in school and libraries. See also an annotated list of First Amendment Court Cases on the website of the American Library Association:
http://www.ala.org/ala/aboutala/offices/oif/firstamendment/courtcases/courtcases.cfm
Selected Supreme Court Decisions (links to decision text on Findlaw)
Board of Education v. Pico -- 457 U.S. 853 (1982). [Click Here]
Ordered the board of the Island Trees Union Free School
District in New York to return nine titles to the school library. The nine
titles removed by the board were: Slaughter
House Five, by Kurt Vonnegut, Jr.; The
Naked Ape, by Desmond Morris; Down
These Mean Streets, by Piri Thomas; Best
Short Stories of Negro Writers,
edited by Langston Hughes; Go Ask Alice,
of anonymous authorship; Laughing Boy,
by Oliver LaFarge; Black Boy, by
Richard Wright; A Hero Ain't Nothin' But
A Sandwich, by Alice Childress; and Soul
On Ice, by Eldridge Cleaver.
Acknowledged that school boards have broad power to control the
informational content of schools, but also held that boards may not remove
books merely because of personal objections or to enforce social or political
orthodoxy.
Butler v. Michigan -- 352 U.S. 380 (1957). [Click Here]
Obscenity laws cannot be so overly broad that they reduce adults to reading only what is fit for children.
Offensive words, per se, may be protected speech.
Erznoznik v. City of Jacksonville -- 422 US 205 (1975). [Click Here]
The court held that nudity, per se, is not automatically obscene. Acknowledged a legitimate government interest in protecting children, even from materials that are not obscene for adults, but emphasized that minors have Free Speech rights too, and any regulation restricting their access to protected speech must be very carefully and narrowly constructed.
Places strong restrictions on "prior restraint," meaning processes or procedures that can halt the initial distribution of protected speech pending review or approval.
Held that contested materials must rise to certain minimum levels of explicitness before a jury can find them "patently offensive."
The current legal definition of "obscenity" was established in this case.
Reno v. American Civil Liberties Union -- 521 U.S. 844 (1997). [Click Here]
Affirmed a US District Court decision overturning the Communications Decency Act as an overly broad infringement upon the First Amendment. The Court held that speech on the Internet is entitled to the highest level of First Amendment protection, similar to the protection the Court gives to books and newspapers.
Sable Communications v. Federal Communications Commission -- 492 U.S. 115 (1989). [Click Here]
Held that some forms of expression about sex or sexuality may be indecent without rising to the level of obscene. While speech that is obscene can be restricted, speech that is merely indecent cannot be restricted, as it is protected by the First Amendment.
Street v. New York -- 394 U.S. 576 (1969). [Click Here]
Freedom of Speech means that some people will be offended by what others may say. The mere fact that such offense does or might occur is not justification for interfering in Free Speech.
United States v. American Library Association -- 539 U.S. 194 (2003). [Click Here]
The Federal Government may require libraries receiving certain federal funds to implement internet filters on all library computers, provided that the filters can deactivated quickly upon demand by adult patrons wishing to access legitimate websites.
Winters v. People Of The State Of New York -- 333 U.S. 507 (1948). [Click Here]
Books and other materials don't have to amount to great literature or fine art to be protected by the First Amendment. Materials of little or no social value are just as protected by the First Amendment as are greater works.
Selected Decisions from Lower Courts (sources vary)
Case v. Unified School District No. 233 -- US District Court, Kansas (1995), 908 F.Supp. 864
The Olathe, Kansas, school board removed copies of the Young Adult novel Annie on my Mind from school library shelves after that title became controversial. After parents and students sued, the court held that removing the books violated the First Amendment rights of the students and ordered the book returned to the shelves without restrictions. [Click HERE to see the decision on openjurist.org.]
Counts v. Cedarville School District -- US District Court, W.D. Arkansas (2003), 295 F.Supp.2d 996
The Cedarville school board required students to have a permission slip signed by a parent or guardian in order to access any of the "Harry Potter" books, claiming that the books promoted disobedience and disrespect for authority. The court found that the board had violated the students' Free Speech rights and ordered the books back into unrestricted circulation. [The text of the decision can be found on Westlaw or other legal databases, if your library provides access.]
Minarcini v. Strongsville City School District -- US Court of Appeals, Sixth Circuit (1976), 541 F.2d 577.
The school board ordered Kurt Vonnegut's Cat's Cradle and Joseph Heller's Catch 22 to be removed from the library. The court held that this was an attempt to "censor the library," in violation of the First Amendment, and ordered the school to repurchase copies of the removed books. The court also wrote, "we do not think this burden is minimized by the availability of the disputed book in sources outside the school. Restraint on expression may not generally be justified by the fact that there may be other times, places, or circumstances available for such expression" [Click HERE to see the text of the decision on justia.com]
Right to Read Defense Committee v. School Committee of the City of Chelsea -- US District Court, MA (1978), 454 F. Supp. 703
The court ordered a removed book to be returned to the school library shelves even while acknowledging that one poem in it was offensive to many. Termed the removal of of that book a "ban," even though the case was about one book in one school library. Famous for stating that "the most effective antidote to the poison of mindless orthodoxy is ready access to a broad sweep of ideas and philosophies. There is no danger from such exposure. The danger is mind control." [The text of the decision can be found on Westlaw or other legal databases, if your library provides access. See also New England Law Review 14(2), pp. 288-316. ]
Sund v. City of Wichita Falls, Texas -- US District Court, N.D. Texas (2000), 121 F.Supp. 2nd 530
A public library in Wichita Falls re-shelved (moved) Heather Has Two Mommies and Daddy's Roommate from the juvenile section to the adult section because some parents felt the books were controversial. Other parents sued. The court called the re-shelving "censorship," holding that it violated the First Amendment rights of both adult and minor patrons. The court ordered the books returned to the juvenile section without restrictions, and reminded the censors that parents with concerns about library holdings should accompany their children to the library and take other active steps to shield themselves from materials they find objectionable, without burdening the free speech rights of the entire community. [Click HERE to see a PDF copy of the decision from the District Court's website.]
This list is for reference purposes only, and is not offered as legal advice.
Last Updated 19 April 2010
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