[Congressional Record Volume 168, Number 178 (Thursday, November 17, 2022)]
[Senate]
[Pages S6781-S6782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 838--EXPRESSING CONCERN ABOUT THE SPREADING PROBLEM 
    OF BOOK BANNING AND THE PROLIFERATION OF THREATS TO FREEDOM OF 
                    EXPRESSION IN THE UNITED STATES

  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:

                              S. Res. 838

       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;

[[Page S6782]]

       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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