Book banning in Washington state: An FAQ

Published: 
Thursday, August 22, 2024
Q: What is a book ban?
A:  PEN America defines a school book ban as any action taken against a book based on its content and as a result of parent or community challenges, administrative decisions, or in response to direct or threatened action by lawmakers or other governmental officials, that leads to a previously accessible book being either completely removed from availability to students, or where access to a book is restricted or diminished. Diminished access is a form of censorship and has educational implications that extend beyond a title’s removal.

Q: What kind of books are most often targeted in attempts to ban books?
A: People target a variety of books, but currently, materials chronicling the experiences of marginalized people, particularly books authored by or regarding people of color and LGBTQIA2S+ individuals, are the most vulnerable. People who advocate in favor of banning books claim that they are not suitable for young people, often basing these claims on their own fears, biases, and assumptions.

Young readers frequently look to books for a sense of belonging or to learn about other perspectives. Book banning and censorship can compound feelings of isolation in young readers searching for critical confirmation that their experiences and feelings are valid.  

Q: Hasn’t the U.S. Supreme Court ruled on this issue already?
A: In Tinker vs. Des Moines Independent Community School District[1], the Supreme Court clarified that students and teachers do not “shed their constitutional rights” when they enter a school.

Further, in Board of Education, Island Trees Union Free School District no. 26 v. Pico[2], the Supreme Court held that schools cannot “remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to proscribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”  

In another case, the justices agreed that a school library is a place where important information is disseminated to learners — and is a unique place for students to engage in inquiry related to their interests and passions. Therefore, they ruled, school officials may remove books only for sound educational reasons or legitimate purposes — such as pervasive vulgarity or lack of educational suitability. As a result, school personnel are likely limited in their power to restrict books’ availability simply because they or other officials disagree with the content. Public libraries are also protected by the First Amendment, which protects not only the press but any government action “by means of which it might prevent such free and general discussion of public matters as seems absolutely essential.” 

Vigilance is important, however. Other cases making their way to the Supreme Court could clarify or change these rulings.

Q: Shouldn’t parents be able to control what their children are reading?
A: Yes, parents can decide whether they want their children to read certain materials but should not be permitted to unilaterally decide what is appropriate and available to others. For every parent that objects to a book, there will be others that support it. Parents can control what information their own children have access to, but controlling the information that all children have access to amounts to privileging the moral beliefs of some individuals over others.

Q: Shouldn’t readers be protected from “harmful” ideas?
A: What is perceived to be “harmful” to one may not be to another. Books containing sensitive topics, such as the racism depicted in Harper Lee’s “To Kill a Mockingbird, are critical for understanding important historical context and the current systemic racism affecting Black, Indigenous, and people of color.

Denying LGBTQIA2S+ youth access to life-affirming books deprives them of seeing their identities positively reflected in literature and can lead them to interacting with misinformation. An integral part of a youth’s development is discovering their identities and shaping their understanding of the world.

Q: What is a book “challenge”?
A: Those who wish to get a book or books banned begin the process by “challenging” a book, usually by raising it as an issue at a school board meeting or by contacting local officials. Public schools or libraries may have policies in place for challenging materials or books. Often, public school boards or public library administrators will direct librarians to remove the books from the shelves while they conduct a review. While review processes differ, there are typically review committees along with opportunities for public comment at school board or city council meetings. Books that are deemed “unsuitable” are then fully removed from the public library or public school, and at that point are “banned.”

Q: What can I do to fight book bans in Washington state?
A: Talk about book bans: One of the most impactful things that you can do is have conversations about book banning. Tell your friends, family, and community members about the attacks on books and why it’s important for information to remain unrestricted.

Use our school board advocacy toolkit (coming soon!), attend school board and city council meetings and share your thoughts: These meetings are typically the battlegrounds for book bans. While it is understandably intimidating to attend meetings, it is critical for school boards to understand and listen to your opinion. Why is it important to you that books remain in the library? How will the removal of books affect readers in your community?

Join your school district’s instructional materials or public library’s book reviewing committee: These committees are critical lines of defense to curb book banning, where you can affirm that all students have a right to read and learn, free from censorship.

Q: What is HB 2331 and how will it curb book banning in Washington state?
A: In 2024, the Washington State Legislature passed a law to prohibit Washington schools from banning instructional materials, including books, solely because they were written by or about members of a protected class. According to this new law, which went into effect on June 6, 2024, any complaint or challenges pertaining to a book or instructional material must be made by a parent or legal guardian of a student who is currently enrolled in the district and must be submitted in writing to the school principal, which will be reviewed by the certified teacher, school principal, district superintendent and school board, in that order.

What does this mean in practice? HB 2331 ensures that books cannot be banned on the basis that they center marginalized voices or topics, such as race, religion, gender identity or sexuality. Parents of students who attend said school district are the only people capable of challenging instructional materials, barring community members and other organizations from advocating for book bans in districts where they do not have students enrolled.

Q: What do I do if my school proceeds with book banning, despite HB 2331?
A: If your district decides to move forward with banning a book that is about or centers a voice from a protected class, reach out to us via intake.aclu-wa.org

File a complaint with your district’s civil rights coordinator. Find your coordinator here.

If the district ignores your complaint or rejects your complaint, file a complaint with Washington’s Office of Superintendent of Public Instruction’s Equity and Civil Rights division.

Q: Who can I contact for more help?
A: Reach out to Washington state’s Office of the Education Ombuds and file a complaint.

Report your district’s censorship effort to the American Library Association.
 
[1] 393 U.S. 503, 506 (1969)
[2] 457 U.S. 853, 872 (1982) (quoting W. Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943))