Monthly Archives: October 2014

Connecticut Inmate Sues for Access to Art Books

By |2020-01-06T00:07:34-05:00October 31st, 2014|Blog|

A Connecticut prisoner is suing the state after he was denied access to three art books and another on childbirth, all of which appear to meet the guidelines for books that should be allowed under a Department of Correction policy designed to bar pornography from prisons. Dwight Pink Jr was convicted of murder along with six other charges in 2002 and is currently serving a 50-year sentence at the Cheshire Correctional Institution. Earlier this year he tried to have four books sent to him in prison: Atlas of Foreshortening: The Human Figure in Deep Perspective; Art Models 7: Dynamic Figures for the Visual Arts; Shameless Art: 20th Century Genre and the Artists that Defined It; and Gentle Birth Choices. Although a prison ban on books featuring “sexual activity or nudity” was instituted in 2011, all four of these books appear to fall into categories that are theoretically exempted from the ban: “materials which, taken as a whole, are literary, artistic, educational or scientific in nature.” Former Connecticut Correction Commissioner Leo Arnone enacted the ban in 2011 “to improve the work environment for prison staffers, especially female staffers, who might be inadvertently exposed to pornography.” Regardless of Pink’s intended use for […]

NCAC Honors Neil Gaiman and Celebrates 40 Years of Free Speech Advocacy at Nov 3 Gala

By |2019-03-15T16:37:14-04:00October 30th, 2014|Press Releases|

FOR IMMEDIATE RELEASE Contact: National Coalition Against Censorship | (212) 807-6222 | [email protected] October 30, 2014 National Coalition Against Censorship Honors Neil Gaiman and Celebrates 40 Years of Free Speech Advocacy at Nov 3 Gala NEW YORK, NY —The National Coalition Against Censorship (NCAC) celebrates 40 years of free speech advocacy on Monday, November 3 at Tribeca 360° with an [...]

Neil Gaiman Salutes 40 Years of Free Speech

By |2019-03-07T22:47:15-05:00October 30th, 2014|Videos|

In this exclusive video, award-winning writer and 2014 Free Speech Defender Neil Gaiman talks about his encounters with censorship and the need to fight those “who are trying to protect us from ourselves by shutting us up and stopping us from being exposed to ideas.” NCAC honored Neil Gaiman, Robie Harris, and the Trumbull High Thespian Society on Monday, November [...]

EFF and ACLU of Tennessee Team Up to Challenge Unconstitutional School District Policy

By |2020-01-03T14:55:38-05:00October 27th, 2014|Blog|

School districts across the country are grappling with how to deal with their students’ use of technology and social media. All too often, in an attempt to protect students, they end up implementing technology polices that give administrators too much power and go too far in restricting what students can do online. Williamson County Schools, a public school district in affluent Williamson County, Tennessee, is one such school district. Recently, a concerned parent, Daniel Pomerantz, brought the policy to the attention of EFF and the ACLU of Tennessee (ACLU-TN). Mr. Pomerantz was right to be concerned.

Earlier today, EFF and ACLU-TN sent a letter to the board on behalf of our client detailing our concerns. As we outline in our letter to the school board, the school district’s technology and Internet policy is troubling in a number of ways. Indeed, the policy violates the First and Fourth Amendment rights of 35,000 Williamson County students across the district's 41 schools. We teamed up with ACLU-TN to demand that the Williamson County School Board immediately suspend the unconstitutional policy.

First, the policy’s social media guidelines impermissibly restrict students’ constitutionally protected off-campus speech. Notably, the policy requires that students get a teacher’s permission before posting photographs of other students or school employees to any social media site. This applies regardless of who took the photo or where the photo was taken.

The policy also vaguely threatens that “[s]tudents are subject to consequences for inappropriate, unauthorized, and illegal use of social media.” Again, this applies to social media use both on and off campus. But the school district does not have authority to punish off-campus speech that is merely “inappropriate” or “unauthorized.” In fact, a district may only punish speech that materially and substantially disrupts the functioning of classrooms. Such off-campus speech is protected under the First Amendment, and the policy violates the First Amendment by threatening to punish social media posts that don’t cause material disruption to the classroom. A student who wanted to steer clear of violations would naturally face pressure to self-censor her posts and the First Amendment’s restrictions on state power are designed to resist exactly those chilling effects.

Second, the policy’s technology guidelines require students to consent to suspicionless searches of any electronic devices they bring to school “at any time” for any “school-related purpose.” This applies regardless of whether or not a school official conducting the search has even “reasonable suspicion” (the very lowest standard) to believe that the search will turn up evidence of wrongdoing. But according to the U.S. Supreme Court, under the Fourth Amendment, suspicionless searches of students are allowed only in very limited circumstances. The policy’s “any time” for any “school-related purpose” language goes far beyond what the Fourth Amendment permits.

Third, the policy’s network security and email guidelines subject students, at all times, to searches of any data and communications they store or transmit on the school district’s network. As above, this applies whether or not the students are even suspected of wrongdoing. The law is clear; students have a reasonable expectation of privacy in their communications and the suspicionless searches authorized by the policy unconstitutionally infringe on this expectation of privacy, again violating the Fourth Amendment.

As we state in our letter to the Williamson County School Board, “Requiring students to sign an agreement waiving constitutional protections in order to participate in fundamental school activities is not permissible.”

Now that the Williamson County School Board is aware of the shortcomings of its technology policy, we hope that it will act swiftly to suspend the policy and replace it with one that respects the constitutional rights of its students. We urge the school board to discuss our letter during its next policy committee meeting on November 3, 2014 and at its next full session meeting on November 17, 2014. Live streaming of the November 17, 2014 board meeting will be available here.


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Threats of Violence Lead Feminist Critic to Cancel Speech at Utah State

By |2020-01-03T14:55:43-05:00October 27th, 2014|Blog|

Most often, when FIRE talks about “disinvitations,” the conversation revolves around colleges formally rescinding invitations to speakers because of something controversial associated with the speaker, or students protesting the speaker so much that the school either withdraws its invitation or the speaker backs out “voluntarily.” In more extreme cases, sometimes students will shout down the speaker on stage. However, a different type of disinvitation happened last week at Utah State University—thanks to a heckler’s veto of the worst kind. Feminist video game critic Anita Sarkeesian was slated to speak at Utah State until the university received an anonymous terrorist threat […]

The post Threats of Violence Lead Feminist Critic to Cancel Speech at Utah State appeared first on FIRE.

The Top 40 Free Speech Defenders of 2014

By |2020-08-19T12:00:30-04:00October 23rd, 2014|Blog|

"Complacency is ever the enabler of darkest deeds." Robert Fanney recognized, as we do at NCAC, that silence and apathy lead to repression and censorship. In our 40th anniversary year, we celebrate the artists, authors, students, educators, librarians, lawmakers, celebs du jour, and yes, even corporations, who refused to remain silent on the top threats to free speech in 2014. [...]

Curtain Comes Down on “Almost Maine” in North Carolina

By |2019-03-07T22:46:28-05:00October 22nd, 2014|Incidents|

(UPDATE: Good news! The students organized and managed to stage their performance at a local playhouse, thanks to a Kickstarter campaign.) NCAC and other organizations committed to artistic and intellectual freedom sent the below letter to Maiden High School in response to the cancellation of the scheduled January production of John Cariani's Almost, Maine due to concerns about the play's content. Although [...]

Bravos Drown Out Hecklers at “Death of Klinghoffer” Opening

By |2020-01-03T14:47:51-05:00October 22nd, 2014|Incidents|

The audience coming to see John Adams' Death of Klinghoffer on Monday, October 20th, had to pass through a cordon of angry protesters crying "shame" and holding placards condemning the Metropolitan Opera of rather far fetched things like "taking terrorist $$$" or "glorifying terrorism." They must not have succeeded in shaming anyone as the house was full. The few hecklers in the [...]

Student Production of “Almost, Maine” Cancelled because of Same-Sex Storyline

By |2020-01-03T14:53:18-05:00October 16th, 2014|Blog|

(UPDATE: The students organized and managed to stage their performance at a local playhouse, thanks to a Kickstarter campaign.)   A mere week after the legalization of gay marriage in North Carolina, a school in Maiden has decided to cancel a scheduled January production of Almost, Maine over, yes, the presence of a same-sex couple in the play's storyline. In a case [...]

NCAC Joins Letter Calling for Reform of US Government Watchlisting System

By |2016-01-25T10:59:05-05:00October 15th, 2014|Incidents|

In a joint letter to the Assistant Attorney General for the National Security Division and the Acting Assistant Attorney General for the Civil Rights Division, NCAC and the below signatories question the legality of federal watchlisting practices. The letter deems the current system of labeling thousands of people, including American citizens, as suspected terrorists as "bloated and unfair." The signatories [...]

Books and Content Ratings Don’t Mix

By |2020-01-06T00:07:10-05:00October 14th, 2014|Blog|

When books are challenged in schools and libraries, it’s not uncommon for complainants to invoke content ratings for other media, as in “if this were a movie, it would be rated R.” From there, some parents take what seems to be the logical next step: advocating for comprehensive content ratings for books, as we saw just this week in a Dallas-area school district. But a recent article by iO9’s Lauren Davis demonstrates once again why book ratings are not such a good idea and would inevitably lead to censorship. Davis focuses on Common Sense Media, the independent non-profit which rates all sorts of media from books to movies to music on an age-appropriateness scale from 2 to 17. Although CSM’s ratings are not displayed on products, as MPAA and ESRB ratings are on movies and video games, they and other independent ratings systems applied to books are sometimes cited by parents who want a certain book removed from a classroom or library. But CSM itself does not intend for its ratings to be hard and fast blanket rules for all children, as evidenced by the fact the each rating also covers a slightly younger age range in which “some content […]

Victory: Bogus Sanctions Against Pro-Palestinian Group for ‘Political’ Speech Dropped at Montclair State

By |2020-01-03T14:53:11-05:00October 13th, 2014|Blog|

After facing sanctions from the Montclair State University (MSU) Student Government Association (SGA), members of the Montclair Students for Justice in Palestine (MSJP) chapter are once again able to practice their free speech rights on the New Jersey public institution’s campus. On September 22, MSJP members handed out pamphlets at the group’s registered table in the MSU’s student center. The pamphlets described the group’s values, planned activities, and views on the Israeli-Palestinian conflict. Upon receiving complaints about the overtly political and “offensive” nature of the pamphlets, SGA Attorney General Demi M. Washington sent a “Letter of Sanction” to MSJP, condescending […]

The post Victory: Bogus Sanctions Against Pro-Palestinian Group for ‘Political’ Speech Dropped at Montclair State appeared first on FIRE.

Students at “Distinct Disadvantage” If Written Consent Forms Become Policy

By |2020-01-03T14:52:56-05:00October 10th, 2014|Incidents|

Update: Teton County School District will not be moving forward with the proposed consent forms. A win for the Kids' Right to Read Project! In response to the controversy over Bless Me, Ultima by Rudolfo Anaya in the Teton County School District, the school board has proposed to require parents to sign written consent forms for assigned books and to offer [...]

NCAC Members Warn Waukesha Board Against “Red-Flagging” Books

By |2020-01-03T14:52:55-05:00October 8th, 2014|Blog|

As the school board in Waukesha, Wisconsin prepares to consider challenges to three books, CBLDF has joined six other member organizations of the National Coalition Against Censorship to urge that the books be retained in the curriculum and not “red-flagged” for content. In a letter sent to the board yesterday, NCAC members cautioned that such flagging “will inevitably discourage the use of these books in the classroom, depriving students of valuable educational experiences.” The three challenged books are Looking for Alaska by John Green, The Kite Runner by Khaled Hosseini, and Chinese Handcuffs by Chris Crutcher. Consideration Committees made up of teachers and school administrators already recommended making no changes to the status of the books, but the challenges have now been appealed to the school board as allowed by district policy. Looking for Alaska and The Kite Runner are both assigned reading in some classes, although students and parents always have the option to request an alternate assignment; Chinese Handcuffs is held in school libraries but not assigned in any class. According to the letter by NCAC Executive Director Joan Bertin, the Waukesha school district has received requests to implement a content-flagging system for “books that deal with sex, […]

Pulped! by Robie H. Harris

By |2019-03-15T16:37:09-04:00October 8th, 2014|Censorship News Articles|

PULP noun: A soft, wet, shapeless mass of material PULPED verb: To crush into a soft, shapeless mass A week into the international controversy over the removal and planned destruction—PULPING—of three children’s picture books by the National Library of Singapore, I read the headline Singapore halts pulping of ‘pro-gay’ books. The article reported that two of the books, AND TANGO MAKES THREE and THE WHITE SWAN [...]

Spiked: Should Even Hate Speech Be Free Speech?

By |2021-01-13T19:29:31-05:00October 8th, 2014|Blog|

To outsiders, 21st century Britain must look like a pretty liberal country. We don’t imprison people for their political opinions. We no longer seek to ban so-called “obscene” novels, as the authorities tried to do with D.H. Lawrence’s “Lady Chatterley’s Lover” when the unexpurgated version was first published in 1960. We got rid of our blasphemy laws in 2008. The British Board of Film Classification now okays the cinematic release [...]

PULPED!

By |2019-03-15T16:48:12-04:00October 8th, 2014|Blog|

PULP noun: A soft, wet, shapeless mass of material PULPED verb: To crush into a soft, shapeless mass A week into the international controversy over the removal and planned destruction—PULPING—of three children’s picture books by the National Library of Singapore, I read the headline Singapore halts pulping of 'pro-gay' books. The article reported that two of the books, AND TANGO [...]

Third Time’s the Charm? NCAC Responds to Red-Flagging Policy in WI School District

By |2020-01-03T14:52:24-05:00October 7th, 2014|Incidents|

NCAC and other free speech organizations sent a letter to the Waukesha School District in regard to efforts made to remove Looking for Alaska by John Green, Chinese Handcuffs by Chris Crutcher, and The Kite Runner by Khaled Hosseini in classrooms and libraries, and to reject the idea of "red-flagging books that deal with sex, rape, extreme violence and brutality, and animal cruelty." In a previous [...]

Banned Broadway Gets the TADA! Treatment: Watch the Video

By |2020-01-03T14:55:54-05:00October 3rd, 2014|Blog|

The TADA! Youth Theatre Ensemble brought down the house with two exclusive performances of The Banned Broadway Project during the closing weekend of Banned Books Week. In collaboration with NCAC, the TADA! teens explored controversial themes found in censored plays and musicals and selected scenes from their favorites to prepare for the big night, including Pippin, Rent, and The Laramie [...]

Free Speech Groups Urge School District to Reinstate “The Fault in Our Stars” to Middle School Libraries

By |2020-01-03T14:52:23-05:00October 3rd, 2014|Incidents|

NCAC along with seven other other free speech organizations sent a letter to the Riverside Unified School District urging the School Board to reinstate The Fault in Our Stars by John Green to middle school libraries. A reconsideration committee voted to remove the book after a parent of a middle school student raised objections to the novel's language and sexual content. The [...]

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