Date
2024
Abstract
This article argues that First Amendment challenges to book bans in public school libraries, based on the right to receive information, are unlikely to succeed. Even if such bans clearly violate students' rights, constitutional litigation is slow and unpredictable, and courts may not consistently support these challenges. Therefore, instead of relying solely on litigation, opponents of book bans should pursue legislative change. The paper proposes a model statute that advocates and legislators can use to ban book bans. It also acknowledges the complexities of terminology and scope, defining "book bans" as decisions to restrict or remove materials from school libraries, while focusing specifically on the First Amendment implications and excluding other constitutional protections or curriculum-based decisions.
Recommended Citation
Chauvin, Noah C.
(2024)
"Protecting Students’ Right to Listen by Statute,"
Journal of Race, Gender, and Ethnicity: Vol. 13:
Iss.
1, Article 7.
Available at:
https://digitalcommons.tourolaw.edu/jrge/vol13/iss1/7
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Education Law Commons, First Amendment Commons, Litigation Commons