Back in March of last year I posted a blog on https://froliticks.ca entitled: book-banning-in-american-schools-continues-to-grow-what-next-burning-books/. In that blog, I outlined the continuing issue of American schools nationwide quietly removing books from their libraries, particularly books dealing with discussions of race, gender, sex, the Holocaust and LGBTQ identities. Now, the U.S. Education Department’s Office for Civil Rights has opened an investigation into a Texas school district over its alleged removal of books featuring LGBTQ characters — marking the first test of a new legal argument that failing to represent students in school books can constitute discrimination. The federal government agency is investigating the Granbury Independent School District as the result of a complaint of discrimination lodged last summer by the American Civil Liberties Union (ACLU) of Texas. Experts suggest that if the federal government finds in the ACLU’s favour, the determination could have implications for schools nationwide, forcing libraries to stock more books about LGBTQ individuals and requiring administrators, amid a rising tide of book challenges and bans, to develop procedures ensuring student access to books that some Americans, especially right-leaning parents, deem unacceptable.
President Biden’s administration recently interpreted Title IX, the federal law that prohibits discrimination in public schools on the basis of sex, as forbidding discrimination based on sexual orientation and gender identity – a finding that is key to the ACLU chapter’s argument. It is predicted that the proposed federal probe is likely to proceed slowly, taking one to two years, and, if successful, could generate penalties for the school district ranging from nothing to a reduction in federal funding to government-mandated training on inclusivity. In addition, it has been reported that library and free speech advocates are taking notice. John Chrastka, who heads the national political action committee EveryLibrary, said he was thrilled when he realized the scope and implications of the Texas ACLU’s argument that book banning could violate federal anti-discrimination laws. This year, Mr. Chrastka said, EveryLibrary plans to repeat that contention in amicus briefs it will file in lawsuits against school book banning.
Unfortunately, proceeding with various forms of litigation takes time and also can result in other consequences when judgements are rendered. Decisions rendered can open up other cans of worms, including greater availability of and accessibility to teaching of school materials on religion. However, one must weigh the benefits of having freedom of thought in an open and democratic society, suggesting that any kind of indiscriminate book bans can lead to thought control and authoritarian measures. Any decision will likely be contested by Texas as a possible infringement of its jurisdiction over education within school districts in the state. The matter may even eventually end up going to the Supreme Court, which again would further delay any move to eliminate discriminatory and arbitrary book banning in their libraries by School Boards.
In the above noted blog, I claimed that “throughout formal education today, children will be faced with information and discussion about a number of difficult topics — where better than in schools. People need to place more trust in educators, who after all have extensively studied and researched many of these topics in compiling their curriculum. Misinformed and indiscriminate censorship doesn’t have any place in these processes, especially where educators and librarians unfortunately can end up facing daily harassment by fringe groups. Freedom of thought and practice should be the foundation of a public school education, while respecting the rights of all parents and not just a few.”
FROLITICKS 
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