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Take Back The Classroom
There’s a clear trend happening right now and it’s moving in the direction of parents and taxpayers.
This week, the Eighth Circuit Court of Appeals delivered a major win, ruling that authors and publishers do not have a guaranteed right to place sexually explicit materials in public school libraries.
The case centered on Iowa’s Senate File 496, which requires schoolbooks to be age-appropriate and prohibits materials with descriptions or depictions of sex acts. A coalition of activist groups and major publishers challenged it but the court sided with schools, families, and tax payers.
The ruling made a few things crystal clear:
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Schools have a legitimate educational role in deciding what materials are appropriate
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The First Amendment does not guarantee access to any book at taxpayer expense
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Removing sexually explicit books from schools is not a “book ban”
In short: public schools can remove sexually inappropriate content.
And there is more…
Back in December, the Fifth Circuit weighed in on a similar issue. This time involving public libraries in Texas, Louisiana and Mississippi. That court allowed a law regulating sexually explicit content for minors to move forward.
The Fifth Circuit signaled that even in public libraries, there is no unlimited right to demand access to every piece of content, especially when it comes to protecting children in taxpayer-funded spaces.
Put these together and the trend is undeniable:
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Sexually explicit books can be removed from public schools
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Courts are moving in favor of parents and taxpayers
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Sexually explicit books can be restricted in public libraries
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Government institutions can set reasonable, age-appropriate boundaries
For years, parents have been saying this and getting dismissed for it.
Now the courts are catching up.
This aligns with longstanding Supreme Court precedent (Pico), which allows schools to remove materials that are not educationally suitable or are pervasively vulgar. And more recently, the Court affirmed that parents have the right to direct their children’s exposure to sensitive topics.
So, despite the outrage from major publishers who say “the fight continues”the legal momentum is clearly shifting.
Shifting toward protecting kids from sexually explicit content and respecting the taxpayer.
• Public schools and libraries are funded by taxpayers
• They are not required to provide sexually explicit content to minors
• Parents have a rightful voice in what children are exposed to
Families who’ve been pushing for this for years are finally receiving back up from the courts.
Want to know what books are in YOUR school district?
Find Sexually Explicit Books in YOUR School District
We are working every day to identify and document sexually explicit material in schools across the country. With over 100,000 schools in all 50 states, this effort requires significant time and resources. New titles are being added constantly and we are working to keep up.
Please consider making a tax-deductible donation today to support this work.
Your support helps us continue to expand, investigate, and equip parents with the tools they need to make informed decisions for their children.
Or mail your check to:
Capitol Resource Institute
520 Capitol Mall, Suite B-1
Sacramento, CA 95814
All donations are tax-deductible.
EIN: 68-0129342

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