[Congressional Record Volume 169, Number 157 (Wednesday, September 27, 2023)]
[Senate]
[Pages S4724-S4725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 372--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. 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:

                              S. Res. 372

       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;

[[Page S4725]]

       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;
       (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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