Nathan+Mason

= Nathan Mason =

Does the government violate the first amendment when they censor literature inside of public schools?
The topic of which I'm researching is the censorship of literature within public school systems. With multiple requirements on what students should read, some feel as if their children should not be exposed to these pieces of literature, which may infringe upon the First Amendment. While it is questionable if some of the actions or policies taken or established go as far as infringing upon these rights and censoring the student body from thoughts ideas or speech, some feel as if there should be no questions asked about the subject.



"LOUIS D. BRANDEIS SCHOOL OF LAW." //Bong Hits 4 Jesus//. University of Louisville, n.d. Web. 14 Nov. 2012

"Slap Upside The Head." //: School Board Bans Anti-Homophobia Poster//. N.p., n.d. Web. 14 Nov. 2012. 

their students are reading. || - The free flow of ideas is stopped. || that are suited for an older audience. || - People no longer think for themselves. || an issue. || - Free speech becomes a major issue. ||
 * ====** Pros to censorship in public schools **==== || ====** Cons to censorship in public schools **==== ||
 * - Parent don't have to worry about what
 * - Parent don't have to worry about what
 * - Students aren't subjected to situations
 * -The controversial subjects are not

Supreme Court Cases Used

 * In The Supreme Court case, //Board Of Education v. Pico//, the School Board was being accused of violating the first amendment for ordering that certain books be removed from its district's junior high and high school libraries because they were "anti-American, anti-Christian, anti-Semitic, and just plain filthy.". The court ruled in a 5-4 decision that school libraries share the same right as regular libraries, in that they are allotted the First Amendment.


 * In The Supreme Court Case, //Hazelwood School District v. Kuhlmeier//; the question asked is: are the First Amendment rights of students in the public schools automatically coextensive with the rights of adults in other settings? The Supreme Court ruled in favor of the Hazelwood School District stating that the school newspaper in question is not a forum for public expression, because the school authorizes have not, by policy or practice, "opened the facilities for indiscriminate use by the general public", as well as believing that the principal acted reasonably.


 * The case, //ACLU Of Florida, Incorporated, Miami-Dade County Student Government Association v. Miami-Dade County School Board//, argues the School Board's decision to ban a book called __¡ Vamos a Cuba!__ and it's Englsih counterpart, __A Visit to Cuba__. The Supreme Court ruled that the books be replaced and that School Board may not make a decision based on viewpoint, but only content.

What I Think
With the research of the Pico case, came the re-installment of my belief that the school board should not censor publications, just because the majority does not agree with the content. While I feel like censorship should not be enforced, because of the majority’s opinion, I think they should also be unhindered at school and public libraries. This notion of mine is also directed towards the occurrence of non-heterosexuality in the curriculum as a whole.

The Hazelwood case was a surprising analogy to the censorship of books in public schools, as it provided a counterargument, through the discrimination based on content statement made by The Supreme Court in their ruling on the case.

When I researched the ACLU case, my opinion changed, however. I began to agree with The Dade County School Board on their action to remove the Vamos a Cuba books from Florida schools and libraries, as it clearly misrepresented the Cuban people and way of life inside the country in a demeaning way. However, I was extremely surprised when the Supreme Court ruled to reinstall the books into the Floridian school system and libraries, having thought that the book itself was censoring the Cuban people. Moreover, I quickly sided back to my original position, as the court’s explanation ensued, stating that the discrimination based on viewpoints was censorship itself and their refutation of the petitioners.



Works Cited

 * American Civil Liberties Union. "Book Banning Threatens Free Speech." Free Speech. Ed. John Boaz. Detroit: Greenhaven Press, 2006. Current Controversies. Rpt. from "Editorial."
 * AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INCORPORATED, MIAMI-DADE COUNTY STUDENT GOVERNMENT ASSOCIATION, Versus MIAMI-DADE COUNTY SCHOOL BOARD. Digital image. ACLUFL, n.d. Web. 11 Dec. 2012.
 * "Background Information on "No Promo Homo" Policies." GLSEN: Gay, Lesbian and Straight Education Network. Mary L. Bonauto Gay & Lesbian Advocates & Defenders, n.d. Web. 12 Dec. 2012.
 * Banned Books Week. 1998. Gale Opposing Viewpoints In Context. Web. 11 Dec. 2012.
 * Karim, Persis M. "Books Are Often Banned." Censorship. Ed. Julia Bauder. Detroit: Greenhaven Press, 2007. Current Controversies. Rpt. from "The New Assault on Libraries." http://bookwire.bowker.com/bookinfo/article.aspx?2694. 1997. Gale Opposing Viewpoints In Context. Web. 11 Dec. 2012.
 * "HAZELWOOD SCHOOL DISTRICT, Et Al., Petitioners v. Cathy KUHLMEIER Et Al." LII. Legal Information Institute, n.d. Web. 12 Dec. 2012.
 * ISLAND TREES SCHOOL DISTRICT BOARD OF EDUCATION v. PICO. The Oyez Project at IIT Chicago-Kent College of Law. 11 December 2012. http://www.oyez.org/cases/1980-1989/1981/1981_80_2043
 * "Preface to 'Does Censorship Occur in the Educational System?'." Censorship. Ed. Julia Bauder. Detroit: Greenhaven Press, 2001. Current Controversies. Gale Opposing Viewpoints In Context. Web. 12 Dec. 2012.