[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 372 Introduced in Senate (IS)]

<DOC>






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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