[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 838 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
S. RES. 838

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

                           November 17, 2022

   Mr. Schatz (for himself, Mr. Markey, Mr. Menendez, Mr. Casey, Ms. 
 Hirono, Mr. Wyden, Mr. Padilla, Mr. Merkley, Mr. Sanders, Mr. Booker, 
  Mr. Reed, Mrs. Feinstein, and Mr. Heinrich) 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 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 
        ``[e]veryone 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 more than 1,600 unique books by 1,261 
        different authors, 290 illustrators, and 18 translators that have been 
        banned in the United States during the 2021-2022 school year;
Whereas an increasing number of books bans have departed from best practice 
        guidelines outlined by the National Coalition Against Censorship, the 
        National Council of Teachers of English, and the American Library 
        Association for responding to demands to censor books;
Whereas the sharing of all ideas and the freedom to read are essential to a 
        strong democracy;
Whereas books do not require readers to agree with topics or themes 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 inherently illiberal and anti-democratic 
        tactics used by authoritarian regimes against their people;
Whereas book bans often seek to impose restrictions on all students and families 
        based on the political, ideological, or cultural preferences of the 
        individuals calling for book bans;
Whereas book bans have multifaceted, harmful consequences on--

    (1) students, who have a right to access a diverse range of stories and 
perspectives, including students from historically marginalized backgrounds 
whose communities are often are underrepresented in literature;

    (2) educators and librarians, who are operating in some States in an 
increasingly punitive and surveillance-oriented environment with a chilling 
effect on teaching and learning;

    (3) authors whose works are targeted; and

    (4) parents who want students to attend public schools that remain open 
to curiosity, discovery, and the freedom to read;

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;

    (5) ``To Kill a Mockingbird'' by Harper Lee; and

    (6) ``Adventures of Huckleberry Finn'' by Mark Twain;

Whereas books face a heightened risk of being banned, particularly when written 
        by and about outsiders, newcomers, and individuals from marginalized 
        backgrounds;
Whereas 674 books referring to LGBTQ+ themes or with LGBTQ+ characters, 
        including books that recognize the equal humanity and dignity of all 
        individuals despite differences, have been banned or otherwise 
        restricted in the United States this year, including--

    (1) ``Families, Families, Families!'' by Suzanne Lang; and

    (2) ``All Are Welcome'' by Alexandria Penfold;

Whereas 659 books, both fiction and nonfiction, with protagonists of color or 
        prominent secondary characters of color have been banned or otherwise 
        restricted in the United States this year, including--

    (1) ``Ruby Bridges Goes to School: My True Story'' by Ruby Bridges;

    (2) ``Martin Luther King, Jr. and the March on Washington'' by Francis 
E. Ruffin;

    (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 vital diversity of civic life in the United States and 
        the painful historical realities 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 the Secretary of Education of Oklahoma is seeking to revoke the teaching 
        certificate of an educator who merely provided to her students a link to 
        the Books Unbanned initiative of the Brooklyn Public Library, which 
        provides young people across the country access to books that may be 
        banned or otherwise restricted in schools;
Whereas, during congressional hearings on April 7, 2022, and May 19, 2022, 
        students, parents, teachers, librarians, and school administrators 
        testified to the chilling and fear-inducing effects that book bans have 
        on education and the school environment;
Whereas, according to PEN America, during the 2021-2022 school year, 
        approximately 140 school districts in 32 States issued more than 2,500 
        book bans or other restrictions, including repeated titles, affecting 
        more than 5,000 individual schools and approximately 4,000,000 students, 
        limiting access to certain books for limited or indefinite periods of 
        time, including--

    (1) Florida, where at least 566 books in total have been banned or 
otherwise restricted in 21 school districts;

    (2) Georgia, where at least 23 books in total have been banned or 
otherwise restricted in 2 school districts;

    (3) Indiana, where at least 18 books in total have been banned or 
otherwise restricted in 3 school districts;

    (4) Kansas, where at least 30 books in total have been banned or 
otherwise restricted in 2 school districts;

    (5) Michigan, where at least 41 books in total have been banned or 
otherwise restricted in 4 school districts;

    (6) Missouri, where at least 27 books in total have been banned or 
otherwise restricted in 8 school districts;

    (7) New York, where at least 123 books in total have been banned or 
otherwise restricted in 34 school districts;

    (8) Oklahoma, where at least 43 books in total have been banned or 
otherwise restricted in 3 school districts;

    (9) Pennsylvania, where at least 457 books in total have been banned or 
otherwise restricted in 11 school districts;

    (10) Tennessee, where at least 349 books in total have been banned or 
otherwise restricted in 6 school districts;

    (11) Texas, where at least 801 books in total have been banned or 
otherwise restricted in 22 school districts;

    (12) Utah, where at least 1,211 books in total have been banned or 
otherwise restricted in 3 school districts; and

    (13) Virginia, where at least 169 books in total have been banned or 
otherwise restricted in 79 school districts;

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''; and
Whereas, while library collections may be curated based on a variety of factors, 
        including pedagogical value, student interest, and the age-
        appropriateness of the material, in 1982, a plurality of the Supreme 
        Court of the United States held in Board of Education, Island Trees 
        Union Free School District No. 26 v. Pico, 457 U.S. 853 (1982), that 
        schools may not remove books based on ``narrowly partisan or political 
        grounds'', as this kind of censorship will result in ``official 
        suppression of ideas'': Now, therefore, be it
    Resolved, That the Senate--
            (1) expresses concern about the spreading problem of book 
        banning and the proliferation of 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 and the freedom 
        of all individuals in the United States to read books without 
        government censorship;
            (3) calls on local governments and educational institutions 
        to follow best practice guidelines when addressing challenges 
        to books; and
            (4) calls on local governments and educational institutions 
        to protect the rights of students to learn and the ability of 
        educators and librarians to teach students, including by 
        providing students with the opportunity to read a wide array of 
        books reflecting a multitude of viewpoints and perspectives.
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