TL; DR

School leaders are often questioned about instructional resources that are made available to students. Strong opinions opposing or supporting controversial resources can turn into litigation, but the courts have historically championed the rights of students regarding access to reading materials. School authorities cannot ban books or other library materials because they or others disagree with the expressed viewpoint or fear disruption. School officials must rely on facts and a solid, reasonable argument to justify removing or restricting access to challenged resources as necessary to protect the learning environment. Librarians have a unique position in supporting learning and inquiry and have a professional obligation to support intellectual freedom. Well-planned selection policies and reconsideration procedures are the first steps in meeting that obligation.

Information is central to both teaching and learning; therefore school librarians serve a critical role in providing students with quality educational experiences through the facilitation of independent learning and support of the formal curriculum. However, school librarians often find themselves in the center of controversy when parents, administrators, school boards, and others attempt to remove or restrict student access to books and other library resources. This controversy often results in contentious debate and litigation regarding public school students' right to read materials of their choosing.

STUDENT RIGHTS

The First Amendment to the United States Constitution guarantees the freedom of speech and press. The freedom of speech and press includes intellectual freedom, which refers to the right to seek and retrieve unrestricted information (Oltmann, 2016). The American Library Association (2016) defines intellectual freedom as "the rights of library users to read, seek information, and speak freely as guaranteed by the First Amendment" (para. 1).

Tinker v. Des Moines School District (1969) is a landmark case involving First Amendment rights in the school environment. In 1965, school administrators at a public school in Des Moines, Iowa, suspended a group of students when they attempted to demonstrate their opposition to the Vietnam War by wearing black armbands to school. A lawsuit resulted, and the case ended in the U.S. Supreme Court. In rendering the decision, the court described students' rights to free speech within the school setting:

First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. (Tinkerv. Des Moines School District, 1969, p. 2)

BOOK CENSORSHIP CASE LAW

Many disputes regarding the restriction of library materials have emerged since the Tinker decision. These disputes usually emerge when a person or group strongly supports or opposes a controversial viewpoint. Profanity, violence, sexual content, homosexuality, witchcraft, racism, and sexist language are common reasons books have been questioned (Lisberg, 2014).