Challenged Materials

Materials are challenged (and sometimes banned) when individuals or organizations feel they possess inappropriate themes. This is especially wide-spread in children's and teens' literature. The most common reasons, as stated by Betsy Gomez (2018), are:

1) LGBTQIA + Content

2) Sexually Explicit 

3) Profanity 

4) Racism

5) Violence 

6) Religious Viewpoint

7) Sex Education

8) Suicide

9) Drug and Alcohol Abuse

10) Nudity

Prior to the 1970s, the definition of obscenity was murky at best.

In 1973, with the case of Miller vs. California, the Supreme Court created a clearer rationale. Obscenity now meant the average person would view the work, in its entirety, to contain, at least one, of the following traits:

• "appeals to the prurient interest;
• depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
• lacks serious literary, artistic, political or scientific value" (Steiner, 2009).

While this new interpretation cut back on overall challenges, it also left individual communities to decide their own "community standards" of what an average person would find offensive. What this means for libraries and librarians is that the library's clientele dictates how many and what kinds of challenges will likely occur.

Objection to literature is nothing new. It's been predominant in the United States long before the country actually formed as an independent nation. (Of course, there have been book burning/banning in other parts of the world since nearly the dawn of the written word.) 

• In 1624, Thomas Morton, an English businessman, arrived in Massachusetts with a company of Puritans. He soon determined he did not appreciate their strict way of life, and left the group. Morton went on to create his own colony, with customs that went against the Puritans' beliefs. In turn, they exiled him. He retaliated by writing his tell-all book, New English Canaan. This work painted Puritans in such an unflattering light that it become the first banned book in the (would-be) United States (Bush, 2020)!
• Uncle Tom's Cabin by Harriet Beecher Stowe (1852) was banned shortly after its publication in various states, particularly those in the southern U.S. This work was considered "abolitionist propaganda." This title has also been credited with helping to start the Civil War (Banned, 2008). 
• In 1859, Charles Darwin’s Origin of Species was banned from Trinity College, Cambridge (where Darwin had been a student) due to its theory of evolution. Tennessee would go on to ban this title in 1925, along with the very teaching of evolution in schools. Tennessee's decision would not be lifted until 1967 (Bannings, n.d.). 
• In 1873, the Comstock Law went into effect. This federal legislation banned the mailing of "obscene" materials (Britannica, n.d.). This ruling would stay in effect until 1957, when obscenity in printed materials changed its definition to works that are "utterly without redeeming social importance" (Brady, 2016).
• One side effect of the United States' entrance into World War I (1917-1918) was a great increase in anti-German sentiment. As a result, many publications by Germans and American-Germans were pulled from shelves, as well as textbooks that taught the German language (Wesson, 2017). 
• James Joyce's Ulysses was federally banned in 1922. This ruling would be upheld until 1933 (Brady, 2016).
• The school district of Drake, North Dakota, burned copies of Slaughterhouse-Five, among others titles, in 1973 (Newman, n.d.).
• The election of Ronald Reagan saw in increase in book challenges, circa 1981-1982 (Brady, 2016).
• Banned Books Week was launched in 1982 as a response to the great surge in book challenges in schools, bookstores, and libraries (Fink, 2020).
• Dr. Seuss books have come under fire in recent years due to negative racial stereotypes. 
• Late 2021, the school board of Spotsylvania County Public Schools called to remove questionable books from their school libraries. Some members of the board even requested actually burning the books (Waxman, 2021).

Evans v. Selma Union High School District, 193 Cal. 54 (1924)

The Supreme Court ruled that a Californian high school could keep copies of the King James Bible since "the mere act of purchasing a book to be added to the school library does not carry with it any implication of the adoption of the theory or dogma contained therein, or any approval of the book itself except as a work of literature fit to be included in a reference library" (Vile, 2009). 

Butler v. Michigan, 352 U.S. 380 (1957)

The Supreme Court overturned a Michigan law that made it illegal to sell printed works with obscene features that might be harmful to children. The court determined that such a law would mean even adults could not read anything above the appropriateness of children (McInnis, 2009).  

Grove Press V. Gerstein, 378 U.S. 577 (1964) 

The Supreme Court rejected a Florida ban of Henry Miller’s Tropic of Cancer, one of the most censored books of all time (Flemming, 2009). 

Board of Education v. Pico, 457 U.S. 853 (1982)

In 1975, members of the school board from the Island Trees School District ordered that eleven titles be removed from high and junior high school libraries, calling the books “anti-American, anti-Christian, anti-Semitic, and just plain filthy.” Steven Pico, a senior there, led a group of students who sued the board, claiming the removal decision went against their First Amendment rights. Eventually, the case reached the Supreme Court, with the ruling in favor of the students. The Court determined that, while school officials do have authority to control the content of speech in schools, they cannot remove books from the library simply because they disagree with the ideas in those titles (Scales, 2015). 

Case v. Unified School District No. 233, 908 F.Supp. 864 (D. Kan. 1995)

In Olathe, Kansas School Board voted to remove the book Annie on My Mind from junior and senior high school libraries because the novel illustrates a homosexual relationship between two teenagers.  A federal court ruled that the school board went against the students' First Amendment rights, and overturned the book's removal (Case, 1995). 

Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. 1976)

In 1972, the Strongsville City School District refused to allow Catch-22 and God Bless You, Mr. Rosewater as required classroom texts. In addition, they ordered that Catch-22, and Cat’s Cradle be removed from the school library. The court held that the school board did not have the right to remove the books. The court reasoned that the “library is a storehouse of knowledge” and students have a First Amendment right to receive information and the librarian has a right to disperse it (Hudson, 2009).

Counts v. Cedarville School District, 295 F.Supp.2d 996 (W.D. Ark. 2003)

In Cedarville School District, AR, access to the Harry Potter series was restricted, with students needing signed permission from a legal guardian before checkout. The district court ruled that the restrictions violated students’ First Amendment rights to read and receive information, thus overturned the school board’s decision (Lisberg, 2014). 

Banned book -- Uncle Tom's cabin. (2008, October 5). Forgetfulone. Uncle Tom's Cabin | Forgetful One.

Bannings and burnings in history. (n.d.). Freedom to Read. Bannings and Burnings in History | Freedom to Read.

Brady, A. (2016, September 22). The history (and present) of banning books in America. Literacy Hub. The History and Present | Literacy Hub.

Bush, A. (2020, September 28). The little-known history of banned books in the United States. Reading Partners. Little Known History | Reading Partners.

Britannica. (n.d.). Anthony Comstock:  American social reformer. In Encyclopaedia Britannica. Anthony Comstock | Encyclopaedia Britannica https://www.britannica.com/biography/Anthony-Comstock.

Case v. United School Dist. no. 233, 908 f. supp. 864 (D. Kan. 1995). (1995). Justia US Law. Case v. United States | Justia US Law.

Fink, L. (2020, September 27). A look back at the history of banned book week. National Council of Teachers of English. A Look Back at the History | NCTE.

Flemming, R.B. (2009). Grove Press v. Gerstein. The First Amendment Encyclopedia. Grove Press v. Gerstein | The First Amendment Encyclopedia (mtsu.edu).

Gomez, B. (2018, September 26). 10 reasons books are challenged and banned. Banned Books Week. 10 Reasons | Banned Books Week.

Hudson, D.L. (2009). Minarcini v. Strongsville City School District (6th circuit) (1976). The First Amendment Encyclopedia. Minarcini v. Strongville City School District | The First Amendment Encyclopedia

Lisberg, S. (2014, September 24). 5 notable banned-books for banned book week. NW Sidebar. 5 Notable Banned-Books | NW Sidebar.

McInnis, T. (2009). Butler v. Michigan (1957). The First Amendment Encyclopedia. Butler v. Michigan | The First Amendment Encyclopedia (mtsu.edu).

Newman, R.D. (n.d.). Censoring slaughterhouse-five. Humanities Moments. Censoring Slaughterhouse-Five | Humanities Moments.

Scales, P. R. (2015). Scales on censorship:  Real life lessons from School Library Journal. (R. T. Miller, and B. A. Genco, Ed.). Rowman & Littlefield. 

Steiner, R. (2009). Community standards. The First Amendment Encyclopedia. Community Standards | The First Amendment Encyclopedia.

Vile, J. R. (2009). Evans v. Selma Union High School District of Fresno County (California Supreme Court) (1924). The First Amendment Encyclopedia. Evans v. Selma Union High School District of Fresno County (California Supreme Court) | The First Amendment Encyclopedia (mtsu.edu).

Waxman, G.B. (2021, November 16). 'We're preparing for a long battle.' Librarians grapple with conservatives' latest efforts to ban books. Time. We're Preparing for a Long Battle | Time.

Wesson, S. (2017, September 26). Banned books week:  News coverage of textbook burnings during World War I. Library of Congress. Banned Books Week | Library of Congress.