News

A Full-Frontal Assault on Censorship: Zap Comix and the Underground Movement

By |2019-03-07T21:46:50-05:00November 17th, 2014|Blog|

Before there were unified groups dedicated to protecting creators’ rights and their freedom of speech and expression, there was the underground comix movement. In response to the 1954 Senate Subcommittee hearings, which ruled comics to be garishly colored, morally devoid pulps spreading delinquency and degeneracy across America, a unique group of creators banded together and openly (and rudely) waged a full-on war against the Comics Code and the blatant censorship, suppression, and moral policing plaguing the comic book industry of the day. One of the most significant publications to come out of this movement, R. Crumb’s Zap Comix, showcased a wide array of works by the most prolific and stylistically diverse artists at the time. Originally published in San Francisco in 1968, Zap was a space where cartoonists collaborated to produce free-form narratives about literally whatever they wanted. From the psychedelic, mind-tripping works of surfer Rick Griffin to the sexually charged and violent satirical vignettes of S. Clay Wilson, Zap was a creative space where young, passionate artists could express their innermost (and often perverse) thoughts while exercising their counterculture political and social views completely unrestrained. Using entrepreneurial and social networks that they themselves established, these creators controlled the printers […]

EFF Probes Troubling Social Media Monitoring Policies in AL and TN

By |2019-03-07T22:47:18-05:00November 10th, 2014|Blog|

Late in September, in observance of the Electronic Frontier Foundation’s 13 Necessary and Proportionate Principles on Surveillance, NCAC noted thematic links between the NSA’s far-reaching surveillance tactics and those of public schools in the country. There, we observed that the underlying impulses behind surveillance on the national level and on the local level were uniform. This need to monitor and [...]

In Praise of Emotional Discomfort

By |2020-01-03T14:55:53-05:00November 6th, 2014|Blog|

The United States is proud of its freedoms, but it is also – and increasingly – a country of the easily – and proudly - offended. Being offended has become something of a political badge of honor: if I find sexist (or racist, or anti-gay) jokes appropriately offensive I am an enlightened feminist (or champion of minority groups or gay [...]

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 [...]

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. [...]

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 [...]

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.

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, […]

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 [...]

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 [...]

Riverside Schools Want Kids to Think They’re Immortal

By |2019-03-07T22:51:54-05:00September 30th, 2014|Blog|

Author John Green’s work has once again come under the censorship chopping block, this time in Riverside, California. His award-winning love story, The Fault in our Stars, was taken out of middle school libraries because the novel’s subject matter involves two terminally-ill teens who use crude language and have sex. “I just didn't think it was appropriate for an 11-, [...]

International Free Speech Organizations Condemn Barbican Exhibit B Cancelation

By |2019-03-07T23:05:00-05:00September 26th, 2014|Press Releases|

FOR IMMEDIATE RELEASE  Contact: Svetlana Mintcheva  [email protected]/ 212-807-6222 The New York based National Coalition Against Censorship has joined the UK based Index of Censorship and other members of ARTSFEX, an international civil society network actively concerned with the right of artists to freedom of expression, in a statement condemning an alarming worldwide trend in which violent protest silences artistic expression that some [...]

U.S. Fails to Protect the Right to Access Culture, Says Report

By |2016-01-27T15:06:41-05:00September 25th, 2014|Press Releases|

FOR IMMEDIATE RELEASE In a submission to a UN human rights review, anti-censorship groups document violations of freedom of information and expression in public schools, jails, and prisons New York and Copenhagen For more information contact Svetlana Mintcheva at 212-807-6222 In a new report to the United Nations assessing the United States’ compliance with its human rights obligations, two leading [...]

Sculpture of Male Nude Declared Porn by Some Texans

By |2020-01-03T14:52:14-05:00September 24th, 2014|Blog|

Jorge Marin's sculpture group Wings of the City has been on display in Houston's Discovery Green Park since early September. Almost predictably some viewers are objecting to the nudity of the sculptures. As usual those who object do it supposedly on behalf of the innocence of children - though Wings of the City has been exhibited internationally with no apparent damage to [...]

Another School Year Just Started: Welcome Back to the Book Censorship Wars

By |2020-01-03T14:52:07-05:00September 22nd, 2014|Blog|

NCAC joined forces with author Cory Doctorow earlier this year to intervene on a challenge to his book Little Brother in Pensacola, FL. The following article by NCAC Executive Director Joan Bertin, featured on Doctorow’s Boing Boing website to kick off Banned Books Week 2014, discusses the book banning epidemic that always seems to sweep the nation as kids go [...]

It’s Perfectly Normal for Books to Go Through Changes Too

By |2020-01-03T14:52:01-05:00September 18th, 2014|Blog|

Sex-Ed was always and will always be the proverbial Catch-22 of every pre-teenager and teenager’s education. They want to know about their bodies: how it works, what’s in store for the future, and whether what they are going through is normal. But we need to face the facts: it’s an awkward subject that no one wants to discuss. Luckily, author [...]

A Machine of Paranoia: How Concerns for Student Safety May Chill Speech

By |2020-01-03T14:52:00-05:00September 18th, 2014|Blog|

NCAC has proudly signed onto the list of 13 Necessary and Proportionate principles, part of a global effort led by our friends at the Electronic Frontier Foundation, on mass surveillance. This week marks the one-year anniversary of the drafting of the principles. The list of principles proposes a set of guidelines that governments around the world should adhere to if [...]

Pennsylvania High School Cancels Spamalot because of “Homosexual Themes”

By |2020-01-03T14:51:58-05:00September 17th, 2014|Blog|

A production of Spamalot planned for 2015 has recently been cancelled by the South Williamsport High School in Pennsylvania. Why? Made public in August as the result of Right-to-Know requests, internal emails sent by the school principal, Jesse Smith, clearly demonstrate that the homosexual themes of the play prompted the cancellation. The principal suggested in the communications that the show [...]

Sherman Alexie Discusses Book Banning and Censorship

By |2020-01-02T15:10:01-05:00September 16th, 2014|Blog|

Sherman Alexie is one of the most frequently challenged authors in America. Just this year, NCAC intervened in three separate challenges to Alexie's The Absolutely True Diary of a Part-Time Indian, most recently in Idaho. In this new video, Alexie discusses book banning, censorship, and the erotic novel to which one would-be book banner compared his young adult novel.

Pennsylvania Teen Criminally Charged for Naughty Facebook Pictures with Jesus Sculpture

By |2020-01-03T14:51:57-05:00September 16th, 2014|Blog|

Is symbolic behavior a crime when it may offend religious sensitivities? A 14-year-old boy could be facing up to two years in juvenile detention for posting lewd, crass, yet ultimately innocuous photos on Facebook this past July. The problem: the photos featured him suggestively posing with a sculpture of Jesus. While traipsing the lawn of a local religious organization known [...]

Acts of Fear: Compromising the Digital Rights of Youth

By |2020-01-03T14:49:28-05:00September 11th, 2014|Blog|

I joined NCAC on the first day of the ninth Internet Governance Forum (IGF), which took place in Istanbul last week. Central to IGF – an event mired in controversy, given Turkey’s startlingly abusive Internet controls – was the topic of youth digital rights. Turkish academic Kursat Cagiltay commented that 42% of Turkish youth condoned government censorship of the Internet. He [...]

Untangling the Steven Salaita Case

By |2020-01-03T14:49:18-05:00September 5th, 2014|Blog|

By now, the controversy over University of Illinois Chancellor Phyllis Wise's August 1, 2014 decision to terminate the faculty appointment of Professor Steven Salaita has gone viral. A multitude of opinions have poured forth from blogs, news stories, editorials, and protest letters. The debate brings into focus the continuing problem of efforts by adamantly pro-Israel groups to suppress campus protests [...]

Censors Without Borders: NCAC on the Global Scene

By |2022-12-09T14:16:16-05:00August 27th, 2014|Blog|

China arrests an inconvenient artist, Pakistan blocks YouTube, Morocco puts a rapper in jail… but Americans are OK as long as we can make public officials recognize the demands of the First Amendment. But is this enough? In the 21st century, with instant communications, with an art world that is defined by events spread all over the globe, and with [...]

Viewing Rights – The Constitutional Right to View Erotic Material

By |2020-01-06T00:08:11-05:00August 22nd, 2014|Blog|

What are your constitutional rights when it comes to viewing pornographic, violent or controversial material in your own home? This is a question we frequently address as First Amendment attorneys, and on which there is still some confusion in the minds of consumers.  Is there a right to view or possess pornography?  What about obscenity? ...

The Popularity of John Green’s “Pornography”

By |2020-01-03T14:48:53-05:00August 13th, 2014|Blog|

Like family heirlooms passed down through generations, the same books are often retained in school curricular for student after student to read and reflect upon. These classic novels undoubtedly serve to develop the mental and emotional capacities of their readers; they are, after all, “classics.” But even the rebellious Holden Caulfield and the daring Winston Smith can fail to transcend [...]

Censorship of Science – Forgotten, But Not Gone

By |2020-01-03T14:48:53-05:00August 7th, 2014|Blog|

Some years ago, NCAC created the Knowledge Project: Censorship & Science, as national concern over the “politicization” of science escalated. The work of the Project revealed that the problem was more than just politics: censorship of science that did not support the government’s policies infringed the free speech of scientists, undermined the integrity of science, and jeopardized efforts to develop sound public [...]

Free Speech Groups Launch “Cameron Post” Essay Contest For Delaware High School Students In Response to Book Censorship

By |2020-01-03T14:48:07-05:00August 1st, 2014|Press Releases|

Contact: Michael O’Neil, Communications Director National Coalition Against Censorship p: 212.807.6222 x. 107 // c: 347-788-1646 // [email protected] FOR IMMEDIATE RELEASE Free Speech Groups Launch "Cameron Post" Essay Contest For Delaware High School Students In Response to Book Censorship NEW YORK 8/01/2014– Eight organizations concerned about free speech and education are inviting high school students in Delaware to write a 250-500 word essay saying what [...]

Abortion Protests vs. Abortion Rights: One More Time (And Probably Not the Last Time)

By |2020-01-03T14:48:49-05:00July 17th, 2014|Blog|

Pitting one constitutional right against another is never easy, and it is particularly difficult when one of the rights at issue is the politically and emotionally charged issue of abortion rights. At the end of June, the Supreme Court struck down a Massachusetts law establishing a 35 foot “buffer zone” around abortion clinics, enacted in response to a history of [...]

Tell the FCC to Defend Net Neutrality!

By |2020-01-03T14:48:49-05:00July 16th, 2014|Blog|

You still have time to add your voice to the FCC's general comment period on Net Neutrality! Hundreds of thousands of concerned netizens have submitted comments so far, but there's still something missing: You! The Electronic Frontier Foundation has provided an easy, online form at DearFCC.org to add your comment in favor of a neutral Internet. You can also comment [...]

Then and Now: Old Glory Under Fire

By |2020-01-03T14:47:54-05:00July 3rd, 2014|Blog|

“Yes, that is my flag. I burned it. If they let that happen to Meredith, we don’t need an American flag.” Sidney Street’s reaction to the attempted assassination of civil rights leader James Meredith on a summer afternoon in 1965 led to his arrest, but in his actions and proclamation to police officers, Street put a spotlight on the very ideals of freedom and democracy that the flag purports to represent.

“What Ails the Agencies for Which They Work”: The Parlous State of Public Employee Free Speech Law

By |2020-01-03T14:47:52-05:00June 25th, 2014|Blog|

Commentary The Supreme Court last week took a small step toward limiting the damage done to the First Amendment by its controversial 2006 decision in Garcetti v. Ceballos. The Court in Garcetti denied First Amendment protection to a public employee (there, an assistant prosecutor) who had blown the whistle on police misconduct (in that case, fraudulent search warrants). The prosecutor was punished [...]

Nat’l and International Organizations Warn That Cancelling Death of Klinghoffer Screenings Endangers Creative Freedom, Undermines Institution’s Credibility

By |2020-01-03T14:47:51-05:00June 19th, 2014|Press Releases|

FOR IMMEDIATE RELEASE NEW YORK, 06/19/2014-The National Coalition Against Censorship has been joined by the National Opera Association, Article 19, The Dramatists Legal Defense Fund, Free Expression Policy Project, freeDimensional, Freemuse, and PEN American Center in issuing a statement (available here) opposing the Metropolitan Opera's cancellation of live, high-definition screenings of John Adams' opera, The Death of Klinghoffer, to 65 countries. The statement urges the Metropolitan and its [...]

Then and Now: The Triple X Edition

By |2019-03-15T16:09:16-04:00June 19th, 2014|Blog|

Sex. It's impure, shameful, dirty, immoral, and… harmful? Taboos around sex have existed through the ages, so much so that the American legal system classifies obscene sexual material as a rare exception to First Amendment protection. We rely on judges to tell us if our sexual imagination is obscene or acceptable, and 41 years ago this month, the Supreme Court [...]

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