Free Speech and Book Censorship Research Paper

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Book CensorshipIntroductionThe censorship of information is “one of the most pressing issues in libraries today” (Steele, p.1). Censorship basically refers to efforts undertaken by governing authorities or their representatives to change/limit access to material depending on the content of work. Some of the changes or limitations made on work include removal, restriction, or exclusion. Censorship is a practice that has existed in society since ancient times and has been characterized by debates on the extent to which it affects the freedom of speech and intellectual freedom. As a form of censorship, book censorship occurs when government officials, private individuals, or organizations limit or remove books from school reading lists, libraries, or bookstore shelves. Over the past few decades, book censorship has grown to become one of the most common forms of censorship. Proponents of book censorship contend that it is critical to control the kind of literature given to children. On the contrary, opponents argue that book censorship is used as a means to infringe on people’s rights to freedom of speech and intellectual freedom.Book censorship is an important issue to the public because it raises fundamental questions regarding freedom of speech and the protection of children or learners. On one hand, public school officials and stakeholders in the education sector “have considerable authority to regulate student expression within the school community” (Cahn, p.535). On the other hand, the First Amendment safeguards against infringement of the freedom of speech. This begs the question regarding the extent to which the protection of children through book censorship is tantamount to violation of the freedom of speech/expression. There is a need to establish public policies that balance the interests of educational stakeholders in protecting children and safeguarding the freedom of speech. Protection of intellectual freedom and freedom of speech is an important public policy issue as it has professional and legal implications.People’s attitudes towards book censorship have changed over the past few decades because of the advent of the Internet. Rapid technological advancements and increased information sharing have increased the public’s attention regarding book censorship. As information sharing has increased in recent years, concerns regarding book censorship have become more common. These concerns relate to the extent that this practice infringes on freedom of speech as stipulated in the First Amendment. Cahn notes that “the scope of those rights has become even more complicated in the age of the Internet” (p.535). Therefore, digital technology and the advent of social media have made the issue of protection of children and intellectual freedom an urgent current issue because of enhanced information sharing.The significance of its issue as a public policy problem is highlighted in the fact that it has been the subject of several court cases in the recent past. For instance, in Morse and the Juneau School Board et al. v. Frederick in 2007, the U.S. Supreme Court questioned the extent to which the school board could go in determining what “was proper speech within the context of the school” (Lukenbill & Lukenbill, p.4). This ruling has served as legal precedence for the determination of other cases relating to the issue. American courts have since ruled that learners have the right to information and discuss relevant issues relating to their learning and in the context of their libraries and schools. However, proponents of book censorship contend that there is lack of clarity regarding what rights students have as well as the rights of school officials (Cahn, p.535). Parents and communities have raised objections to efforts by courts to support schools’ rights to educate children using wide perspectives and different ideologies. In 2010, H.B. 2281 was signed into law in Arizona to prohibit ethnic studies programs. The law, which was instantly and aggressively implemented, generated concerns among parents and students and highlights the importance of this public policy problem.As previously indicated, the issue of protection of children’s rights to learn and safeguarding the freedom of speech is an issue that has attracted controversies since ancient times. Each side of the debate has used different arguments to support their views regarding this public policy problem. Proponents of book censorship contend that educational stakeholders have the right to determine the kind of literature learners are exposed to depending on their developmental stage. These stakeholders include school officials, parents, and communities who argue that “teachers and schools are the agents of education” (Fanetti, p.13) and should therefore determine curriculum. While they concur that freedom of speech is a vital American value, its application is not absolute.

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This implies that this constitutional provision should be applied in consideration of other rights. For instance, parents and communities in Arizona raised that concern after H.B. 2281 was enacted into law. Even though their argument is advantageous to the extent that it promotes rational application of the law, it could be used as the premise to infringe on other rights to freedom of speech and communication.On the contrary, opponents of book censorship have argued that children or learners have the right to information. An example of stakeholders who oppose book censorship is American courts and legal practitioners. These stakeholders contend that students/learners have First Amendment rights that should be safeguarded. Therefore, book censorship is tantamount to the violation of students’ rights. The advantage of this argument is that it gives students a chance “to learn and discuss issues” (Lukenbill & Lukenbill, p.1) that are relevant to their contexts. This would help students to be exposed to broad perspectives on different issues and make informed decisions for their growth and development. However, this argument could result in a situation where students are exposed to learning material beyond their age…

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…formalized an agreement among publishers, librarians, and booksellers and was therefore unnecessary. Issues surrounding the application of this law were centered on the lack of a “broad-based protection of freedom of expression” (U.S. Government Publishing Office, 2015).The period between the 1920s and the 1930s was characterized by court battles on book censorship. These battles were nationally publicized and increased debates/concerns regarding the intricate balance between protecting students and safeguarding the freedom of speech in the First Amendment. Court battles ensued because of the increased incidents of book banning based on the provisions of the Comstock Law. The Comstock Law served as the premise for book banning practices in the United States during the period between the 1920s and the 1930s. However, at the center of controversies and arguments in the court battles was the lack of a broad-based interpretation framework for the freedom of speech. The law was considered suppressive as it limited free speech and therefore violated the First Amendment right. Many Americans at the time considered the law to be suppressive and repressive because they had started “to tolerate dissident political, economic, or social ideas (Blanchard, p.742). Therefore, they considered the application of the law as attempts by a few individuals who were part of a large, anonymous committee to determine acceptable and unacceptable ideas for the American public (Blanchard, p.472). As Americans became tenacious and more willing to allow new ideas into their lives, they rejected book banning practices. The willingness to accept new ideas and ideals resulted in the emergence and growth of anti-censorship sentiment across the country. The key aspect of the Comstock Law was broken in a landmark ruling in United States v. One Book Called “Ulysses”. The federal court ruling in this case resulted in the growth of anti-censorship sentiment and influenced perceptions regarding book censorship in the country.Anti-censorship sentiment in the United States resulted in the emergence of different organizations to advocate against book banning. Organizations like the American Civil Liberties Union (ACLU) got involved in efforts to prevent book censorship during the 1930s. For example, in 1933, ACLU defended “Joyce’s Ulysses after U.S. Customs officials seized copies of the novel” (American Civil Liberties Union, p.2). This event was a protracted court battle that was ultimately ruled in favor of the organization on grounds that the book was not obscene. In 1939, the organization collaborated with other groups to protest against the resolution by the California Board of Supervisors to ban The Grapes of Wrath. The protests and involvement of organizations like the ACLU were influenced by the growing anti-censorship sentiment in the country. At the center of these protests and legal battles was the lack of a broad-based framework for the interpretation of the freedom of speech. Therefore, the absence of such a framework has continued to act as a major….....

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