book banning – Sheila Kennedy

Guess What’s “Inappropriate”

The rule of law.

Many pundits–including yours truly–throw that term around, assuming readers understand its elements. I think most Americans do recognize one of those elements–the principle that no one is above the law, that the rules apply to everyone, very much including Presidents and lawmakers.

There are other principles that are less-well understood, however, and one of them is specificity. If laws are to be obeyed, they must be explicit. They must describe the behaviors being prohibited (or required) clearly, in terms that allow citizens to fully understand them. When courts strike down laws for being unconstitutional, it is often because those measures have been found to be unconstitutionally vague.

That required specificity is among the many, many things that far too many legislators ignore. Texas comes immediately to mind, but the following example is from Ron DeSantis’ Florida–a state that is beginning to resemble Viktor Orban’s Hungary.

As Daily Kos — among others–recently reported:

There are more than 500 entries for Florida in PEN America’s ever-expanding list of books banned in American schools. These include what should be obviously innocuous titles like the “Zen Shorts” series by Jon Muth, which are some of the best children’s books available to parents and teachers. This effort to remove books about Black and LGBTQ+ people and characters from schools and libraries is a part of a larger effort to sanitize our country’s history. Like almost all efforts that pass for conservative “policies” these days, citizens of all ages are widely opposed to the bans….

DeSantis and his team of book-banners also highlighted the need to criminally punish teachers or librarians who give out books people like DeSantis deem pornographic. Mind you, our federal government (and Florida itself) already has laws outlining what is and is not considered pornographic. And there are also laws that prohibit books, images, and videos that sexualize minors…

Judd Legum over at Popular Information has gotten his hands on some of the Florida books that have been banned and the stated reasons they were banned. You would be hard-pressed to figure out how the previous statements above have any bearing on the decisions being made about libraries in the Sunshine State.

The article links to PEN’s report on the multitude of books that have been removed from Florida classrooms and it’s as jaw-dropping as you might imagine. The extensive nature of the list is an artifact of an unconstitutionally vague statute–a truly excellent example of a law that violates the specificity required by the rule of law. That’s because, In Florida, while there may be a few books deemed “pornographic,” most of the books that have been banned are attacked under the “how vague can you get” term “inappropriate.”

Rather obviously, my definition of “inappropriate” and yours may differ substantially.

The linked article suggests that the DeSantis Administration finds books depicting racism in negative terms to be “inappropriate.” For example, the Florida Department of Education announced that it rejected 35% of social studies textbooks submitted to them. One of those–a book for 6th to 8th graders– was evidently rejected for containing the following section:

“New Calls for Social Justice

During the 2000s, one effect of an increase in the use or mobile devices and social media was the spread of images of police violence, sometimes deadly, against Black Americans. The deaths of Black Americans outraged many Americans and led to a crowing awareness of systemic racism that permeated the broader society.

In 2013, a new social and political movement called Black Lives Matter formed to protest violence against Black Americans. The movement called for an end to systemic racism and white supremacy.”

Lest anti-Semites feel neglected by Florida lawmakers’ focus on protecting racism, the state has also rejected education about the Holocaust, finding it “woke.”

Florida’s state education department rejected two new Holocaust-focused textbooks for classroom use, while forcing at least one other textbook to alter a passage about the Hebrew Bible in order to meet state approval…

“Modern Genocides” was rejected in part for its discussion of “special topics” prohibited by the state. The list of such topics includes terms such as “social justice” and “critical race theory,”a phrase that traditionally concerns a method of legal analysis but that Republicans have used pejoratively to refer to discussion of systemic racism in the United States. The department did not clarify which prohibited “special topics” the book included.

Florida evidently considers accurate history and support for civic equality as (equally-vague) “woke” and thus “inappropriate.”

Maybe we should get rid of speed limits and just prohibit “driving too fast.” We can trust the police to decide who’s speeding–right?

Just like we can trust Florida’s current government to decide what’s “inappropriate.”

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Parental Rights (But Just For The Right Parents..)

I still remember experiencing an epiphany of sorts when–some twenty years ago–a group of parents wanted the Indianpolis City-County Council to pass an ordinance preventing children from accessing certain books from the public library. The library had responded by offering what I felt was a reasonable accommodation: parents who desired to control what their kids could check out could fill out a form at the library, and librarians would require parental approval for materials their children wished to read.

Nope–not good enough.

These advocates of “parental rights” insisted that no child should access whatever it was that had them up in arms. That’s when I realized that what these parents really wanted was the right to control the decisions made by other parents.

That mindset is all around us.

Elon Musk believes in free speech for racists, anti-Semites and homophobes–but not for critics of Elon Musk.

Anti-abortion fundamentalists want “religious liberty” defined as the imposition of their religious beliefs through the passage of laws that ignore the liberties of people whose religions differ.

That absolute disregard for the rights of people who disagree with them–and their utter un-self-awareness of that hypocrisy– is obvious in so many of the fights being waged by these culture warriors. The anti-mask, anti-vaccine “freedom fighters” are a great example–they don’t care if they endanger friends and neighbors; It’s their rights that matter.

E.J. Dionne recently made that point in an op-ed about the “parental rights” extremists who’ve been showing up at school board meetings and demanding that certain books be banned. He noted that this new round of censorship “has sturdy roots in a right-wing movement that uses slogans around “parental rights” to defend removing books from libraries in the name of “protecting” children.”

The scare quotes I put around parental rights and protecting kids will invite immediate denunciation and provide an opportunity to say that terrible liberals like me are against parents exercising their responsibilities and protecting children….

Opponents of censorship heartily agree that parents should have an important say in how schools work and how public libraries serve our children. What we’re against is a willful ideological minority imposing its views on everyone else, dictating which ideas should be forbidden in public institutions that instruct the young.

As Dionne noted, the same disregard for the rights of other parents permeates the movement’s dishonest “anti-CRT” assaults. (I think everyone who screams about our schools teaching Critical Race Theory should be challenged to define it. They have no clue. What they really want, of course, is whitewashed history…) Dionne cites several surveys that confirm the desire of a majority of American parents to teach accurate history, warts and all.

“We found that Americans of all political orientations want their children to learn a history that celebrates our strengths and also examines our failures. Americans overwhelmingly agree that the experiences of minority groups are an important part of that history. And they agree that if students are better informed about America’s past there’s a better chance of not repeating past failures.”

When it comes to book banning, a survey for the American Library Association in March asked: “Would you support or oppose efforts to remove books from local public libraries because some people find them offensive or inappropriate and do not think young people should be exposed to them?” It found 71 percent were opposed.

There is an appeal to the idea that parents should have some control over what their children learn,” Hart Research’s Guy Molyneux, who has polled extensively on educational issues, told me. “But parents don’t want a situation where the most upset parent determines what other children learn or what books are in the school library.”

It’s instructive to look at the questions in surveys that the culture warriors claim support book banning: one Rasmussen survey found that 69 percent of voters “believe books containing explicit sexual depictions of sex acts, including homosexual sex, should not be present in public high school libraries.” Those stocking school library shelves would agree–and it’s the height of dishonesty to use language suggesting that such explicit materials are what is at issue.

As Dionne says,

The vast majority of parents want their kids’ schools to be open and welcoming settings for education, not battlefields in culture wars designed primarily to goose conservative turnout at election time.

Unfortunately, most of these sensible parents lack the time and resources to do battle at school board meetings.

The board members who must listen to the ravings of these fringe activists need to remember that people are loudest and most aggressive when they know they don’t represent a majority–and that the parents who disagree with the loudmouths have parental rights too.

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