The Death of the Marketplace of Ideas in American School Libraries
By: Christina Doncell
Disclaimer: The views expressed in this post are those of the author, and do not necessarily reflect views of the Journal, the William H. Bowen School of Law, or UA Little Rock.
The Supreme Court has not touched a book-banning or book removal case since 1982. Bd. of Educ. v. Pico, 457 U.S. 853 (1982). In a plurality decision, the Court held that public schools can’t remove books to suppress ideas based on the disapproval of the ideas expressed within the books and reinforced that schools must follow the First Amendment. Id. at 879.
Over the last few years, we have seen a drastic increase in books being banned or removed by different School Districts across the country. Metrics determined by PEN America’s Index of School Book Bans show startling results. PEN America Index of School Book Bans – Fall 2022, PEN America, https://pen.org/index-of-school-book-bans-2022/ (last visited Mar. 5, 2024, 6:56 AM). From January through June of 2022, 30% of the titles banned were books about race, racism, or featured characters of color. Id.
In a 2019 study, “[o]f the total number of books banned, 41 percent include[d] protagonists or prominent secondary characters who [were] people of color; 22 percent of the titles directly address[ed] issues of race and racism; 16 percent [were] history books or biographies; and 9 percent have themes related to rights and activism.” Akilah Alleyne, Book Banning, Curriculum Restrictions, and the Politicization of U.S. Schools, CAP 20 (Sept. 19, 2022), https://www.americanprogress.org/article/book-banning-curriculum-restrictions-and-the-politicization-of-u-s-schools/. A review of the historical record suggests that the removal of certain books may be driven by potentially nefarious motives, rather than “something inherently dangerous or disturbing about it.” Will Carless et al., What’s behind the national surge in book bans? A low-tech website tied to Moms for Liberty, USA Today (Oct. 5, 2023), https://www.usatoday.com/story/news/investigations/2023/10/05/website-driving-banned-books-surge-moms-for-liberty/70922213007/.
Censorship undermines the constitutionally protected right of freedom of expression. Ray Bradbury’s dystopian novel, Fahrenheit 451, first published in 1952, critiques censorship and blind conformity. Bradbury, Ray. Fahrenheit 451. Del Rey Books, 1992. Despite its age, the novel offers enduring insights into the dangers of restricting ideas and information, drawing a striking parallel between the fictional dystopian society and contemporary debates over intellectual freedom in the United States today. Id.
Why is banning or removing books such a big deal? The banning or removal of books is particularly consequential because it diminishes the diversity of perspectives available in American libraries and educational institutions. Such actions undermine the “marketplace of ideas,” a foundational theory of freedom of expression, protected under the First Amendment, which assumes that the free exchange of competing viewpoints is essential to discovering truth and fostering a vibrant democratic society. In Reed v. Town of Gilbert (2015), Justice Stephen Breyer said it best, “whenever government disfavors one kind of speech, it places that speech at a disadvantage, potentially interfering with the free marketplace of ideas and with an individual’s ability to express thoughts and ideas that can help that individual determine the kind of society in which he wishes to live, help shape that society, and help define his place within it.” Reed v. Town of Gilbert, 576 U.S. 155, 176 (2015) (Breyer, S., concurring).
A 60 Minute Overtime interview with a South Carolina School District, recently released, highlights promising developments in the ongoing debate over book bans. Scott Pelley et al., South Carolina school district reviews, returns dozens of books after ban attempt, CBS News (Mar. 3, 2024), https://www.cbsnews.com/news/book-ban-efforts-beaufort-schools-60-minutes/. Initially, 97 books were removed from Beaufort County Schools. Rather than making decisions solely based on complaints, the district required community members to read the books in question. Id. In total, 146 individuals – including teachers, librarians, and other educators – read the 96 remaining books (one book had already been removed). Id. Following careful discussion and voting, only five books were banned instead of the original 97. Id. The lesson from Beaufort County is clear: school districts should mandate direct engagement from community members with the material before deciding to implement any book removals.
There remains reason for optimism in safeguarding our First Amendment protections, ensuring that freedom of expression continues to thrive in our schools, libraries, and public institutions. Upholding the marketplace of ideas in school libraries isn’t just a legal obligation; it’s a moral one.