Free Speech and Book Censorship

Book Censorship

Introduction

The censorship of information is “one of the most pressing issues in libraries today” (Steele, p.1). Censorship basically refers to efforts undertaken by governing authorities or their representatives to change/limit access to material depending on the content of work. Some of the changes or limitations made on work include removal, restriction, or exclusion. Censorship is a practice that has existed in society since ancient times and has been characterized by debates on the extent to which it affects the freedom of speech and intellectual freedom. As a form of censorship, book censorship occurs when government officials, private individuals, or organizations limit or remove books from school reading lists, libraries, or bookstore shelves. Over the past few decades, book censorship has grown to become one of the most common forms of censorship. Proponents of book censorship contend that it is critical to control the kind of literature given to children. On the contrary, opponents argue that book censorship is used as a means to infringe on people’s rights to freedom of speech and intellectual freedom.

Book censorship is an important issue to the public because it raises fundamental questions regarding freedom of speech and the protection of children or learners. On one hand, public school officials and stakeholders in the education sector “have considerable authority to regulate student expression within the school community” (Cahn, p.535). On the other hand, the First Amendment safeguards against infringement of the freedom of speech. This begs the question regarding the extent to which the protection of children through book censorship is tantamount to violation of the freedom of speech/expression. There is a need to establish public policies that balance the interests of educational stakeholders in protecting children and safeguarding the freedom of speech. Protection of intellectual freedom and freedom of speech is an important public policy issue as it has professional and legal implications.

People’s attitudes towards book censorship have changed over the past few decades because of the advent of the Internet. Rapid technological advancements and increased information sharing have increased the public’s attention regarding book censorship. As information sharing has increased in recent years, concerns regarding book censorship have become more common. These concerns relate to the extent that this practice infringes on freedom of speech as stipulated in the First Amendment. Cahn notes that “the scope of those rights has become even more complicated in the age of the Internet” (p.535). Therefore, digital technology and the advent of social media have made the issue of protection of children and intellectual freedom an urgent current issue because of enhanced information sharing.

The significance of its issue as a public policy problem is highlighted in the fact that it has been the subject of several court cases in the recent past. For instance, in Morse and the Juneau School Board et al. v. Frederick in 2007, the U.S. Supreme Court questioned the extent to which the school board could go in determining what “was proper speech within the context of the school” (Lukenbill & Lukenbill, p.4). This ruling has served as legal precedence for the determination of other cases relating to the issue. American courts have since ruled that learners have the right to information and discuss relevant issues relating to their learning and in the context of their libraries and schools. However, proponents of book censorship contend that there is lack of clarity regarding what rights students have as well as the rights of school officials (Cahn, p.535). Parents and communities have raised objections to efforts by courts to support schools’ rights to educate children using wide perspectives and different ideologies. In 2010, H.B. 2281 was signed into law in Arizona to prohibit ethnic studies programs. The law, which was instantly and aggressively implemented, generated concerns among parents and students and highlights the importance of this public policy problem.

As previously indicated, the issue of protection of children’s rights to learn and safeguarding the freedom of speech is an issue that has attracted controversies since ancient times. Each side of the debate has used different arguments to support their views regarding this public policy problem. Proponents of book censorship contend that educational stakeholders have the right to determine the kind of literature learners are exposed to depending on their developmental stage. These stakeholders include school officials, parents, and communities who argue that “teachers and schools are the agents of education” (Fanetti, p.13) and should therefore determine curriculum. While they concur that freedom of speech is a vital American value, its application is not absolute. This implies that this constitutional provision should be applied in consideration of other rights. For instance, parents and communities in Arizona raised that concern after H.B. 2281 was enacted into law. Even though their argument is advantageous to the extent that it promotes rational application of the law, it could be used as the premise to infringe on other rights to freedom of speech and communication.

On the contrary, opponents of book censorship have argued that children or learners have the right to information. An example of stakeholders who oppose book censorship is American courts and legal practitioners. These stakeholders contend that students/learners have First Amendment rights that should be safeguarded. Therefore, book censorship is tantamount to the violation of students’ rights. The advantage of this argument is that it gives students a chance “to learn and discuss issues” (Lukenbill & Lukenbill, p.1) that are relevant to their contexts. This would help students to be exposed to broad perspectives on different issues and make informed decisions for their growth and development. However, this argument could result in a situation where students are exposed to learning material beyond their age or developmental stage. It creates an open learning system that could in turn damage students in terms of their learning.

Historical Background of the Issue

Book censorship is an old-age practice that has existed since ancient times and has been characterized by “a story of repression and persecution” (Fitzsimmons, p.2). On one part, the history of book censorship has been repression and persecution while on the other hand, it has been characterized by tolerance and freedom. However, the earliest forms of book censorship did not attract much controversy because of the form of information sharing during this time. Controversies and debates relating to book censorship and its potential violation of the freedom of speech began to emerge when it was considered in terms of the First Amendment rights. An understanding of the underlying aspects of the controversies requires an overview of the historical background of the creation of the First Amendment.

The First Amendment has several constitutional rights and provisions including the freedom of speech or expression. As noted by Bogen, the origin of freedom of speech in the First Amendment “was the product of many strands of thought woven over many centuries and across an ocean” (p.430). Some of the strands that contributed to the emergence of the First Amendment became distinct constitutional provisions/guarantees while others were stipulated in the adoption procedures. The origin of the freedom of speech can be traced back to the parliamentary privilege of freedom of debate. This was realized after prior censorship in England was abolished, the theory of natural rights, Cato letters, the limited function of the federal system of a national government, and the growth of religious tolerance. The culmination of events resulting in the abolishment of parliamentary privilege in England was the Glorious Revolution of 1689. This in turn contributed to the establishment of the English Bill of Rights, which was enacted in 1689. The enactment of this bill paved way for future constitutional guarantees in the country and in other nations like the United States. One of the provisions of the English Bill of Rights that influenced the establishment of First Amendment rights is the freedom of speech and debates in parliament (Bogen, p.433). Based on the English Bill of Rights, the freedom of speech or debates in parliament would not be indicted or probed outside parliament. While this assertion was a significant landmark in the history of freedom of speech, the parliamentary privilege only became secure after parliamentary powers were increased.

Since then the freedom of speech attracted controversies and debates that shaped its future interpretation and understanding. Parliamentary privilege played a major contribution to the initial freedom of speech rise to a First Amendment right. Parliamentary privilege contributed to the evolution of freedom of speech to a First Amendment right through promoting the recognition of the need to protect free speech. Policymakers realized that the protection of free speech “is needed for the successful operation of the political process and the preservation of self-government” (Bogen, p.434). As a result, the free speech and self-government nexus became a central theme of First Amendment analysis. This contributed to the expansion of the parliamentary privilege of freedom of speech to apply to all expression.

The First Amendment has played a major part in the history of free speech and influenced legal interpretations of the issue. The origin of free speech, which is at the core of current controversies regarding book censorship, can be traced back to the recognition that “humans are born free in a moral sense” (Hassan, p.488). Freedom of speech is a concept that emerged around 399BC when Socrates advocated for the right to freely speak his mind. From Socrates’ conception of the idea of free speech, this right attracted attention among the public and other stakeholders across different disciplines. For example, in 1516, Erasmus advocated for free speech in The Education of a Christian Prince. The enactment of the Bill of Rights in England in 1689 is a critical part in the development of freedom of speech. Other landmark events in the history of this concept and constitutional right include the Declaration of the Rights of Man in France in 1789 and the enactment of the First Amendment to the Bill of Rights in the United States in 1791. The First Amendment marked a significant turning point in the history of free speech as it introduced the freedom of speech and freedom of the press.

However, the development of the idea of free speech has been characterized by some controversies that have affected its interpretation and application to modern issues. For example, public policy issues relating to the idea of book censorship and freedom of speech are attributable to the varying interpretations of what free speech really means. Throughout its history, the idea of free speech has been characterized by contradictory interpretations and understanding of what it really entails. These controversies are particularly evident in the enactment of the First Amendment. In essence, the enactment of the First Amendment did not eliminate the controversies surrounding interpretations of the ideals of free speech. According to the U.S. Government Publishing Office, free speech has generated “so many different views with respect to its underlying philosophical foundations” (p.1025). This essentially implies that an accurate interpretative framework for free speech has remained seemingly elusive over the years. As a result, this right is regarded as one of the most controversial constitutional provisions that are characterized by so many interpretations. While some commentators have argued to the contrary, there is a lack of a suitable interpretative framework of this concept that is applicable to all situations and ideas. “The Supreme Court has never developed any comprehensive theory of what that constitutional guarantee means and how it should be applied in concrete cases” (U.S. Government Publishing Office, p.1025).

The lack of a suitable interpretative framework for freedom of speech is evident in the controversies surrounding the public issue of book censorship. The history of book censorship has essentially been characterized by controversies that are linked to interpretation issues regarding the freedom of speech as enshrined in the First Amendment. Modern controversies that have characterized book censorship can be traced back to the historical problems relating to the idea of free speech. Contemporary book censorship in the United States can be traced back to the founder of the New York Society for the Suppression of Vice, Anthony Comstock. In 1872, Comstock advocated for book censorship and used his publications to influence Congress to enact a law that prohibited mailing materials deemed to be filthy, lewd, obscene, or indecent. Following the enactment of Comstock Law in 1873, several works published by different authors were banned. However, the enactment of this legislation was characterized by controversies relating to free speech and the extent to which the law constituted a violation of the freedom of expression. In addition, some educational stakeholders argued that this legislation basically formalized an agreement among publishers, librarians, and booksellers and was therefore unnecessary. Issues surrounding the application of this law were centered on the lack of a “broad-based protection of freedom of expression” (U.S. Government Publishing Office, 2015).

The period between the 1920s and the 1930s was characterized by court battles on book censorship. These battles were nationally publicized and increased debates/concerns regarding the intricate balance between protecting students and safeguarding the freedom of speech in the First Amendment. Court battles ensued because of the increased incidents of book banning based on the provisions of the Comstock Law. The Comstock Law served as the premise for book banning practices in the United States during the period between the 1920s and the 1930s. However, at the center of controversies and arguments in the court battles was the lack of a broad-based interpretation framework for the freedom of speech. The law was considered suppressive as it limited free speech and therefore violated the First Amendment right. Many Americans at the time considered the law to be suppressive and repressive because they had started “to tolerate dissident political, economic, or social ideas (Blanchard, p.742). Therefore, they considered the application of the law as attempts by a few individuals who were part of a large, anonymous committee to determine acceptable and unacceptable ideas for the American public (Blanchard, p.472). As Americans became tenacious and more willing to allow new ideas into their lives, they rejected book banning practices. The willingness to accept new ideas and ideals resulted in the emergence and growth of anti-censorship sentiment across the country. The key aspect of the Comstock Law was broken in a landmark ruling in United States v. One Book Called “Ulysses”. The federal court ruling in this case resulted in the growth of anti-censorship sentiment and influenced perceptions regarding book censorship in the country.