Legal Aspects of Book Censorship

Book banning has become an increasingly popular practice in the United States. PEN America found that depending on the state's legislature, up to 5,100 books were not allowed in public school districts and their corresponding libraries between July 2012 and December 2023. These books often have common themes including LGBTQ+ characters, race and gender relations, and books that promote rebellion. 

Book banning has become a polarizing topic in schools nationwide. While small groups of parents protest these books in schools for depicting obscene topics and “indoctrinating” children, many parents and organizations are beginning to resist these book bans, citing them as ignorant. The results of resistance often depend on the political beliefs of the area. Some common banned books typically part of a school’s curriculum are Harper Lee’s To Kill A Mockingbird, Alice Walker’s The Color Purple, and George Orwell’s 1984.

From a legal standpoint, book banning depends on how schools and the government interpret the First Amendment. The books removed must be removed for a valid educational reason, not for dislike and disapproval of the themes mentioned. Valid reasons can include hate speech and the promotion of violence.

While books may be banned by schools, said books can still be read and purchased outside of the school setting. Parents and students can make the judgment to read books while in the privacy of their own home without consequence. This is actually encouraged by many organizations with Banned Books Week, which is the first week of October. 

Works Cited

Baêta, Sabrina, and Sam LaFrance. “Banned in the USA: Narrating the Crisis.” PEN America, 16 Apr. 2024, pen.org/report/narrating-the-crisis/.