[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 372 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. RES. 372
Expressing concern about the spreading problem of book banning and the
proliferation of threats to freedom of expression in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, September 22), 2023
Mr. Schatz (for himself, Mr. Reed, Mrs. Feinstein, Ms. Hirono, Mr.
Wyden, Mr. Murphy, Mr. Merkley, Mr. Whitehouse, Mr. Booker, Mr. Cardin,
Mr. Sanders, Mr. Durbin, Mr. Padilla, Mr. Markey, and Mr. Blumenthal)
submitted the following resolution; which was referred to the Committee
on the Judiciary
_______________________________________________________________________
RESOLUTION
Expressing concern about the spreading problem of book banning and the
proliferation of threats to freedom of expression in the United States.
Whereas the overwhelming majority of voters in the United States oppose book
bans;
Whereas an overwhelming majority of voters in the United States support
educators teaching about the civil rights movement, the history and
experiences of Native Americans, enslaved Africans, immigrants facing
discrimination, and the ongoing effects of racism;
Whereas, in 1969, the Supreme Court of the United States held in Tinker v. Des
Moines Independent Community School District, 393 U.S. 503 (1969), that
students do not ``shed their constitutional rights to freedom of speech
or expression at the schoolhouse gate'';
Whereas, in 1982, a plurality of the Supreme Court of the United States wrote in
Board of Education, Island Trees Union Free School District No. 26 v.
Pico, 457 U.S. 853 (1982), that schools may not remove library books
based on ``narrowly partisan or political grounds'', as this kind of
censorship will result in ``official suppression of ideas'';
Whereas the First Amendment to the Constitution of the United States protects
freedom of speech and the freedom to read and write;
Whereas Article 19 of the Universal Declaration of Human Rights states that
``everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media and
regardless of frontiers'';
Whereas PEN America has identified nearly 3,400 instances of individual books
banned, affecting 1,557 unique titles from July 2022 through June 2023
alone, representing a 33-percent increase in bans compared to the prior
year of July 2021 through June 2022;
Whereas of the 2,532 bans in the 2021-2022 school year, 96 percent of them were
enacted without following the best practice guidelines for book
challenges outlined by the American Library Association, the National
Coalition Against Censorship, and the National Council of Teachers of
English;
Whereas the unimpeded sharing of ideas and the freedom to read are essential to
a strong democracy;
Whereas books do not require readers to agree with topics, themes, or viewpoints
but instead allow readers to explore and engage with differing
perspectives to form and inform their own views;
Whereas suppressing the freedom to read and denying access to literature,
history, and knowledge are repressive and antidemocratic tactics used by
authoritarian regimes against their people;
Whereas book bans violate the rights of students, families, residents, and
citizens based on the political, ideological, and cultural preferences
of the specific individuals imposing the bans;
Whereas book bans have multifaceted, harmful consequences on--
(1) students, who have a right to access a diverse range of stories and
perspectives, especially students from historically marginalized
backgrounds whose communities are often targeted by thought control
measures;
(2) educators and librarians, who are operating in some States in an
increasingly punitive and surveillance-oriented environment and experience
a chilling effect in their work;
(3) authors whose works are targeted and suppressed;
(4) parents who want their children to attend public schools that
remain open to curiosity, discovery, and the freedom to read; and
(5) community members who want free access to a range of uncensored
information and knowledge from their public libraries;
Whereas classic and award-winning literature and books that have been part of
school curricula for decades have been challenged, removed from
libraries pending review, or outright banned from schools, including--
(1) ``Brave New World'' by Aldous Huxley;
(2) ``The Handmaid's Tale'' by Margaret Atwood;
(3) ``Anne Frank's Diary: The Graphic Adaptation'' adapted by Ari
Folman;
(4) ``Their Eyes Were Watching God'' by Zora Neal Hurston; and
(5) ``To Kill a Mockingbird'' by Harper Lee;
Whereas books, particularly those written by and about outsiders, newcomers, and
individuals from marginalized backgrounds, are facing a heightened risk
of being banned;
Whereas, according to PEN America, 36 percent of instances of books banned or
otherwise restricted in the United States from July 2021 to June 2023
have LGBTQ+ characters or themes that recognize the equal humanity and
dignity of all individuals despite differences, including--
(1) ``And Tango Makes Three'' by Justin Richardson and Peter Parnell;
and
(2) ``This Book Is Gay'' by Juno Dawson;
Whereas 37 percent of instances of books, both fiction and nonfiction, that have
been banned or otherwise restricted in the United States from July 2021
to June 2023 are books about race, racism, or feature characters of
color, including--
(1) ``The Story of Ruby Bridges'' by Robert Coles and illustrated by
George Ford;
(2) ``Letter from Birmingham Jail'' by Martin Luther King, Jr.;
(3) ``Thank You, Jackie Robinson'' by Barbara Cohen;
(4) ``Malala: A Hero For All'' by Shana Corey;
(5) ``Fry Bread: A Native American Family Story'' by Kevin Noble
Maillard;
(6) ``Hair Love'' by Matthew A. Cherry;
(7) ``Good Trouble: Lessons From the Civil Rights Playbook'' by
Christopher Noxon; and
(8) ``We Are All Born Free: The Universal Declaration of Human Rights
in Pictures'';
Whereas the Comic Book Legal Defense Fund has reported a dramatic surge in
challenges at libraries and schools to the inclusion of graphic novels
that depict the diversity of civic life in the United States and the
painful and complex history of the human experience, including--
(1) ``New Kid'' by Jerry Craft;
(2) ``Drama'' by Raina Telgemeier;
(3) ``American Born Chinese'' by Gene Luen Yang; and
(4) ``Maus'' by Art Spiegelman;
Whereas books addressing death, grief, mental illness, and suicide are targeted
alongside nonfiction books that discuss feelings and emotions written
for teenage and young adult audiences that frequently confront these
topics;
Whereas, during congressional hearings on April 7, 2022, May 19, 2022, and
September 12, 2023, students, parents, teachers, librarians, and school
administrators testified to the chilling and fear-spreading effects that
book bans have on education and the school environment; and
Whereas, according to PEN America, from July 2022 to June 2023, States across
the country limited access to certain books for limited or indefinite
periods of time, including--
(1) Florida, where at least 1,406 books in total have been banned or
restricted in 33 school districts;
(2) Texas, where at least 625 books in total have been banned or
restricted in 12 school districts;
(3) Missouri, where at least 333 books in total have been banned or
restricted in 14 school districts;
(4) Utah, where at least 281 books in total have been banned or
restricted in 10 school districts;
(5) Pennsylvania, where at least with 186 books in total have been
banned or restricted in 7 school districts;
(6) South Carolina, where at least with 127 books in total have been
banned or restricted in 6 school districts;
(7) Virginia, where at least 75 books in total have been banned or
restricted in 6 school districts;
(8) North Carolina, where at least with 58 books in total have been
banned or restricted in 6 school districts;
(9) Wisconsin, where at least with 43 books in total have been banned
or restricted in 5 school districts;
(10) Michigan, where at least with 39 books in total have been banned
or restricted in 12 school districts;
(11) North Dakota, where at least with 27 books in total have been
banned or restricted in 1 school district;
(12) Tennessee, where at least 11 books in total have been banned or
restricted in 5 school districts; and
(13) New York, where at least 6 books in total have been banned or
restricted in 3 school districts: Now, therefore, be it
Resolved, That the Senate--
(1) expresses concern about the spreading problem of book
banning and the proliferating threats to freedom of expression
in the United States;
(2) reaffirms the commitment of the United States to
supporting the freedom of expression of writers that is
protected under the First Amendment to the Constitution and the
freedom of all individuals in the United States to read books
without government censorship;
(3) calls on local governments and school districts to
follow best practice guidelines when addressing challenges to
books; and
(4) calls on local governments and school districts to
protect the rights of students to learn and the ability of
educators and librarians to teach, including by providing
students with the opportunity to read a wide array of books
reflecting the full breadth and diversity of viewpoints and
perspectives.
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