
Any books that are prurient or involve penetration are against what federal law?
When it comes to federal law and the presence of sexually explicit material in school libraries, it’s important to look at a few key legal frameworks that govern what is allowed or prohibited in public schools.
- The First Amendment: This is where things get tricky because the First Amendment protects free speech, including the freedom to publish and distribute books. However, this right is not absolute, and the courts have acknowledged that school officials have a responsibility to create an environment conducive to learning, which includes protecting minors from inappropriate content.
- The Miller Test (Miller v. California, 1973): This is a standard used to determine what constitutes obscene material. According to the ruling, for material to be considered obscene, it must meet three criteria:
- The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient (sexual) interests.
- The work depicts or describes sexual conduct in a patently offensive way.
- The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
If a book were found to meet these criteria, it could potentially be deemed obscene and therefore could be removed from a school library under certain circumstances. However, this standard is subjective and context-sensitive, and it’s often up to local school boards or administrators to make these decisions.
- The Children's Internet Protection Act (CIPA): CIPA specifically applies to public schools and libraries that receive federal funding for internet access. While it primarily focuses on internet access, CIPA also requires schools and libraries to have filtering software in place to block access to obscene content. While this law doesn’t directly regulate physical books, it reflects a general concern about minors being exposed to inappropriate material in educational settings.
- The Protection of Children from Sexual Predators Act (2003): This act primarily addresses online child exploitation, but its broader intent is to protect children from exposure to harmful sexual content. While it doesn’t directly govern physical books in libraries, it speaks to the general ethos of safeguarding minors from prurient or explicit content.
What Does This Mean for School Libraries?
- Schools are legally required to ensure that any content in their libraries is age-appropriate and does not violate community standards. If a book contains sexually explicit material that could be considered obscene under the Miller Test, it could be challenged or removed from a school library.
- However, any such challenge to books in school libraries often faces significant legal hurdles. In many cases, it involves local school boards or parent committees reviewing the material, and even legal action may be required to settle disputes.
- Parents and local communities play a large role in determining what is appropriate for students in a given district. If parents feel that certain books are inappropriate, they can request reviews or, in some cases, petition to have them removed.
While there are no specific federal laws that outright ban prurient material in school libraries, schools are generally expected to err on the side of caution when selecting materials, particularly for younger students. If a book crosses into areas that may be considered obscene or harmful for minors, there may be grounds for removal.