Education Law Publications

SCHOOL LAW
"ISSUE OF THE MONTH"
June 2006

Removal of School Library Books: A “Catch-22?”

School libraries are time-honored fixtures in America’s public schools.  Intended to ignite the mind and feed the soul, libraries can inspire students to greater heights of learning.  Although most materials found in school libraries relate to school curricula and enhance the educational experience, some books may seem inappropriate for students, leaving school administrators and board members with the sometimes difficult task of deciding whether to remove them from library shelves. 

The United States Constitution limits government entities, including public school districts, from unreasonably interfering with the rights and liberties of citizens.  Although South Carolina’s school boards maintain broad discretion in the management of school affairs, their decisions must respect those constitutional rights.  Among other things, the Constitution’s First Amendment provides students and staff the right to receive and deliver information.  The concept of a student’s right to receive information becomes important when school boards or administrators consider removing books from library shelves, because those opposed to the removal are likely to claim that students have a constitutional right to access the information, regardless of its content.

Recently, the American Civil Liberties Union (“ACLU”) filed suit against a Florida school district, challenging the board’s decision to ban controversial books from the school library.  While the ACLU asserted that the board banned the books because it found them to be “politically unsavory,” the district argued that the removal was based on the fact that the books did not meet the district’s educational standards.  In ruling on whether the removal was justified, the court looked for guidance to the 1982 U.S. Supreme Court case of Island Trees Union Free School District v. Pico.  In Island Trees, parents challenging a school board decision to remove eight books from the shelves of school libraries argued that the board had removed the books because they offended board members’ social, political, and moral tastes, and not because the books lacked educational value.   In addressing whether the books were properly removed, the Court focused on two key issues: 1) the school board’s motivation in removing the books; and 2) whether the district followed its established procedures in making its decision.

The appropriateness of a district’s decision to remove a school library book will be judged in light of the motivating factors behind the decision.  Although districts might be justified in removing books containing vulgarities and sexually explicit material, a board may not remove books for the purpose of suppressing ideas.  While school boards have the ability to enhance curriculum in ways that communicate and promote community values, courts have found that personal, moral, social, or political ideologies held by individual board members will not suffice as reason enough to remove school library books with contrary messages, even if the larger community shares in the same beliefs.  A court hearing a claim that students’ rights have been violated will pay particular attention to whether there is evidence that the district intended to limit students’ access to ideas.  For example, a decision to remove books containing anti-American sentiments may not be justified, as it may be seen as an attempt to suppress varying world views.  Thus, when considering whether to remove a book from a school library, districts should clearly explain their reasons for believing the title is inappropriate for students. 
 
Districts also should have in place clear policies addressing the circumstances under which school library books will be considered for removal.  In drafting removal procedures, only unbiased criteria that directly relate to student well-being should be included.   Some districts may find it useful to establish a standing committee, composed of school officials, students, and parents, to receive input and concerns about the appropriateness of curriculum related material and library materials.  Although a board may opt to delegate the final decision to the superintendent, because the possible withdrawal of a library book is often accompanied by considerable public interest and controversy, boards may find it more appropriate to provide a period of public comment during an open session of a regular meeting, followed by a decision made by majority vote of the board.  Once polices and procedures are in place, districts should take great care to follow them, keeping all titles on library shelves until a final decision has been made. 

It is important to note that removal of books from school libraries is, from a legal standpoint, different from the acquisition of books for school libraries.  School boards generally have greater discretion in deciding what books to place in the library than they do in removing existing books from the library.   However, to reduce the likelihood that a title may later require removal, in addition to establishing guidelines regarding the removal of books, districts should train media specialists to make appropriate decisions about what materials should be added to school library holdings. 

Mark Twain said, “The man who doesn't read good books has no advantage over the man who can't read them.”  By carefully selecting appropriate materials to add to their holdings, and by following established policies in withdrawing those materials that are determined to be inappropriate, districts can continue to inspire and educate students through the resources made available in school libraries.  For questions or assistance with this or any other matter, please contact Duff & White, LLC at 1.800.639.1677.

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