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Do book bans violate the first amendment?

The right-wing thinks the Constitution is a quaint notion any use it only for political advantage against those who hold it in any regard whatsoever. They don't believe in the First Amendment and haven't read the Second.
 
Dans La Lune said:
The right-wing thinks the Constitution is a quaint notion any use it only for political advantage against those who hold it in any regard whatsoever. They don't believe in the First Amendment and haven't read the Second.
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Why do you think they support a man who wants to throw out the Constitution and write another one?
 
Lisa said:
Maybe you should understand the book before you get outraged about it. It wont turn the frogs or the kids gay by having it on the shelves in a school library.

en.wikipedia.org

This Book Is Gay - Wikipedia

en.wikipedia.org en.wikipedia.org
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So you've changed your mind now? It should be made available to kids as young as 10 years old?
 
NatMorton said:
The first amendment does not prohibit people from voting or advocating for public policy based on their religious beliefs. Who told you that it does?
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Religious beliefs and the state are to be kept separate. What is the secular reason to keep that book off of public school shelves? Access to information for others isn't dictated by the religious beliefs of anyone else. Fundamentalists tried to the same argument to prevent the teaching of evolution in public schools.
 
ClaraD said:
Supreme Court Justice William Brennan Jr. issued an opinion 40 years ago asserting that under the First Amendment, “Local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books.”

The opinion that Brennan issued was in Board of Education, Island Trees Union Free School District v. Pico.
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Allow me to post the full quote from PICO and emphasize the passage you likely wished to avoid posting:

(c) Petitioners possess significant discretion to determine the content of their school libraries, but that discretion may not be exercised in a narrowly partisan or political manner. Whether petitioners' removal of books from the libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. Local school boards may not remove books from school libraries simply because they dislike the ideas contained in those books and seek by their removal to "prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion." West Virginia Board of Education v. Barnette, 319 U.S. 624, 642 . If such an intention was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. Pp. 869-872.​

QED: Communities have discretion to determine what will and what will not be included in school libraries. The question is whether, say, omitting books on that promote trans ideology is narrowly focused or not. I don't see it as any less narrowly focused than, say, not including books on white nationalism. Both are extreme views that have opponents on the left and right.
 
ClaraD said:
At what age do kids start to understand their sexuality?
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Is that the age that every single book with any level of sexual content should be made available to them? How about videos? Magazines? Apps? Photographs?
 
An image of a Florida School Library. The right-wing have historically banned and burned books, as they fear knowledge being spread that interferes with their agenda. If you can't win in the battleground of ideas, ban the ideas you cannot compete against. And that's always been the modus operandi of the right-wing, even those like @Josie who pretend to be libertarian.

1677095938381-screen-shot-2023-02-22-at-25511-pm.png
 
Josie said:
Is that the age that every single book with any level of sexual content should be made available to them? How about videos? Magazines? Apps? Photographs?
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Books should be age appropriate. If you think that a 10 year old has no knowledge of sexuality then you have your head in the sand.
 
Dans La Lune said:
An image of a Florida School Library. The right-wing have historically banned and burned books, as they fear knowledge being spread that interferes with their agenda. If you can't win in the battleground of ideas, ban the ideas you cannot compete against. And that's always been the modus operandi of the right-wing, even those like @Josie who pretend to be libertarian.

1677095938381-screen-shot-2023-02-22-at-25511-pm.png
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You'd best get yourself an update on that story. And it's not from a conservative district.
 
ClaraD said:
and of walking in on naked teenage girls on purpose
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Are you sure he didn't declare his identification as a woman first? Because then folks on the left tell me it would be okay and the girls would be transphobes if they objected.
 
ClaraD said:
Books should be age appropriate. If you think that a 10 year old has no knowledge of sexuality then you have your head in the sand.
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Where did I say that?

Who decides "age appropriate"? Like I said, I think the books with super erotic passages shouldn't be in middle schools. And then other people think they should. So......
 
Lisa said:
Religious beliefs and the state are to be kept separate. What is the secular reason to keep that book off of public school shelves? Access to information for others isn't dictated by the religious beliefs of anyone else. Fundamentalists tried to the same argument to prevent the teaching of evolution in public schools.
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How do you separate laws against murder from the 5th Commandment?
 
Josie said:
Where did I say that?

Who decides "age appropriate"? Like I said, I think the books with super erotic passages shouldn't be in middle schools. And then other people think they should. So......
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Have you weighed in on the banning of the 2 male penguin book, Josie?
 
NatMorton said:
Allow me to post the full quote from PICO, and emphasize the passage you likely wished to avoid posting:

(c) Petitioners possess significant discretion to determine the content of their school libraries, but that discretion may not be exercised in a narrowly partisan or political manner. Whether petitioners' removal of books from the libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. Local school boards may not remove books from school libraries simply because they dislike the ideas contained in those books and seek by their removal to "prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion." West Virginia Board of Education v. Barnette, 319 U.S. 624, 642 . If such an intention was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. Pp. 869-872.​

QED: Communities have discretion to determine what will and what will not be included in school libraries. The question is whether, say, omitting books on that promote trans ideology is narrowly focused or not. I don't see it as any less narrowly focused than, say, not including books on white nationalism. Both are extreme views that have opponents on the left and right.
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Why did you stop at the first sentence and not read on? The rest was far more relevant than what you stated....discretion as long as it isn't based on a dislike of ideas (ie woke, racial issues, lgbtq) it cannot try to remove matters of opinion, racial issues, etc.
 
ClaraD said:
Why did you stop at the first sentence and not read on? The rest was far more relevant than what you stated....discretion as long as it isn't based on a dislike of ideas (ie woke, racial issues, lgbtq) it cannot try to remove matters of opinion, racial issues, etc.
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Well, for starters, I posted the full quote; you did not.

Second, I didn't stop there. Read my post again.
 
NatMorton said:
How do you separate laws against murder from the 5th Commandment?
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Willfully killing someone is a violation of their inherent rights. It has nothing to do with religion or morality. How many times in the bible is death permitted or even commanded as punishment? Do you like the idea of illogical theocratic law enforced by the government?

There are as many ideas of what is or isn't moral as what sect or religion you believe in or even the church you attend. The rights of others dont come from your religious beliefs. Can a Hindu have you arrested for eating a burger or a Muslim arrest you for eating pork or drinking a beer?

Maybe you are an infidel to Mohammad , so off with your head..........That is what religious laws gets you.

JFC!
 
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NatMorton said:
Allow me to post the full quote from PICO and emphasize the passage you likely wished to avoid posting:

(c) Petitioners possess significant discretion to determine the content of their school libraries, but that discretion may not be exercised in a narrowly partisan or political manner. Whether petitioners' removal of books from the libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. Local school boards may not remove books from school libraries simply because they dislike the ideas contained in those books and seek by their removal to "prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion." West Virginia Board of Education v. Barnette, 319 U.S. 624, 642 . If such an intention was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. Pp. 869-872.​

QED: Communities have discretion to determine what will and what will not be included in school libraries. The question is whether, say, omitting books on that promote trans ideology is narrowly focused or not. I don't see it as any less narrowly focused than, say, not including books on white nationalism. Both are extreme views that have opponents on the left and right.
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I like how you ceased using bold where you did.

Is your argument that the books being banned are NOT occurring in a partisan/political manner?
 
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