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First Amendment
First Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
U.S. Const. amend. I.
"If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
Supreme Court Justice William J. Brennan, Jr., in Texas v. Johnson
"Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us."
Supreme Court Justice William O. Douglas, in The One Un-American Act
What is intellectual freedom?
According to the American Library Association (ALA), intellectual freedom is "the right of every individual to both seek and receive information from all points of view without restriction. It provides for free access to all expressions of ideas through which any and all sides of a question, cause or movement may be explored."
Many questions concerning intellectual freedom and censorship can be answered with the First Amendment, which gives the people of the United States the right to speak, read, publish or view what they wish without interference from the government. The ALA provides a number of resources on protecting intellectual freedom; these links can found at the bottom of this page.
Book Banning & Censorship FAQs
Is age appropriateness a valid reason?
The ALA opposes the restricting of library access or materials to anyone based on age, as it is a violation of the Library Bill of Rights. Parents have the right to monitor and/or restrict their child's access to certain books or specific subject matter at their own discretion; however, libraries are not responsible for enforcing those rules. Most libraries will state in their user policy that parents are responsible for monitoring their child's library access.
Are there valid reasons to ban books?
The common reasons why individuals advocate for book banning is because the book in question is—in their opinion—offensive, explicit, violent, or inappropriate for certain age groups, particularly children. The First Amendment protects everyone's right to information, however, sometimes exceptions are made. Many libraries and schools will avoid books that promote false information and/or hate speech. However, to ban any book is a violation of the First Amendment.
What harm arises from banning a book?
Books are knowledge, therefore, those in power of creating books or banning books have the potential to navigate what narrative the world has access to. By censoring books people are being denied information, be it a certain perspective, history, or ideas. Banning books has a negative impact on diversity and representation. A number of books that are subject to bans are typically those that provide information about or for marginalized groups; by banning books for marginalized people, who are already neglected by society, it denies those groups access to information and the power to know themselves.
Check out these links for more information:
Book banning in the US: These are the authors of color who censors are trying to silence
Schools banned books about Black life. Black kids are reading anyway.
Who challenges books?
Political groups, religious groups, or parents are often the bulk of those who advocate for book banning in the US, though any individual has the right, under the First Amendment, to challenge books. While the First Amendment protects a citizen's right to read what they wish, it also protects a person's right to voice their opinion. However, while individuals have the right to request a book be banned, it is also the library's right to deny that request based on its duty to promote intellectual freedom, the right to information for all, and the freedom to read. Although one person may want to see a book removed from the library's shelves, another person may want to see it there. The library is dedicated to providing access to information to people from all walks of life, including perspectives that individuals may and may not agree with.
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