Taking Book Banners to Court: A Look at a Student Lawsuit in Missouri and Impact of the 1982 – School Library Journal
Is it unconstitutional to ban books from a school library? Picodidn't provide an easy answer, but the ACLU and a couple of Missouri students aresuing arguing that the removal of booksfrom theWentzville R-IV district is a violation of their First Amendment rights.
A little more than 40 years ago, a school board in New York banned nine books, including novels and memoirs that addressed topics like racism, drug addiction, and anti-Semitism.
The board alleged that the books were anti-American, anti-Christian, and just plain filthy, and that the bans were part of their duty and obligation to protect the children in the school district from moral danger.
In response, a high school student named Steven Pico joined other students in suing the school board over the book ban. In 1982, the case Board of Education, Island Trees School District v. Pico made its way to the U.S. Supreme Court, which, for the first time, ruled on the constitutionality of book bans in school libraries.
Essentially, the Supreme Courts judgment was that the school board could not prevail in the case without a full trial at the lower court level, and that under the First Amendment school boards could not remove books from the library based merely on official suppression of ideas.
Since then, Pico has come to stand for the general proposition that the U.S. Constitution protects the right to receive information and ideas, which is especially salient in a school library. As a result, there are some constitutional limits on the power of local school boards to remove books from school libraries, especially when book removals are based on narrow or partisan grounds.
Fast-forward four decades to February of this year when the American Civil Liberties Union filed a lawsuit against a Missouri school district on behalf of two unnamed students. Wentzville R-IV district was sued for banning eight books, including memoirs and novels addressing race, gender, and sexual identity.
In a release announcing the lawsuit, Anthony Rothert, legal director at ACLU of Missouri, said, school boards cannot ban books because the books and their characters illustrate viewpoints different of those of the school board; especially when they target books presenting the viewpoints of racial and sexual minorities, as they have done in Wentzville.
The Missouri lawsuit comes amid a rise in book bans in the United States. School boards across the country are attempting to remove a range of titles, often in the wake of fierce complaints and well-organized campaigns from parents and groups using excerpts from books to create a fervor in like-minded community members.
The American Library Associations (ALA) Office of Intellectual Freedom (OIF) received an unprecedented volume of challenges in the fall of 2021, according to OIFs director.
Some of the banned titles have been considered longtime classics such as To Kill a Mockingbird by Harper Lee and Of Mice and Men by John Steinbeck. Newer titles addressing issues ranging from race, gender, and sexuality to family, social justice, and feminism have also been pulled from school libraries, including Gender Queer by Maia Kobabe and Stamped: Racism, Antiracism, and You by Jason Reynolds and Ibram X. Kendi.
In any caseand as was true 40 years ago in the Pico controversybook bans present sometimes murky legal questions about free speech and students rights to access information and ideas in public schools.
Wentzville R-IV is a suburban St. Louis public school district that serves more than 17,000 students. The district has policies governing selection, retention, and reconsideration of books for its school libraries. Those policies describe school libraries as a point of access to information and ideas for students as they acquire critical thinking and problem-solving skills.
Additionally, the districts libraries reportedly embrace ALAs Library Bill of Rights, which supports maximum student accessibility to materials that encourage knowledge, growth, and cultural appreciation and development.
In Wentzvilles schools, books can be weeded from libraries when they are damaged beyond repair or no longer useful, or when they are found to be age-inappropriate or to contain unreliable information. The school board may also consider formal written challenges regarding removal of certain titles.
In 2021, a parent member of the St. Charles County Parents Association formally challenged Toni Morrisons novel The Bluest Eye because of explicit descriptions of violence, rape, sex, and incest contained in the book.
Initially, the Wentzville school board voted to retain the book, in part because The Bluest Eye was not an assigned reading or part of the district curriculum. Additionally, the committee reviewing the challenge thought that removing the title would infringe on the rights of parents and students to decide for themselves whether they wanted to read the book.
But later, the board approved removal of The Bluest Eye. Other books that were subject to formal challenges in the district around that same time were also pulled from library shelves in what the ACLU describes as a campaign to suppress viewpoints about race and sexuality.
All in all, the Wentzville school board removed All Boys Arent Blue by George M. Johnson; Fun Home: A Family Tragicomic by Alison Bechdel; Gabi, a Girl in Pieces by Isabel Quintero; and Heavy: An American Memoir by Kiese Laymon.
The board also removed Invisible Girl: A Novel by Lisa Jewell; Lawn Boy by Jonathan Evison; and Modern Romance: An Investigation by Aziz Ansari and Eric Klinenberg.
In its legal complaint, the ACLU contends that the board removed the books because school officials disliked the ideas contained in them, and that they did so with the intent and purpose to prescribe what is generally or traditionally accepted as right or true in matters of opinion.
Essentially, the ACLU says that the district failed to use established and unbiased procedures for book removal and that the banned books were removed on an arbitrary basis and not in a viewpoint neutral manner.
The ACLU further contends that the Wentzville book bans violate student rights under the First and Fourteenth Amendments to the U.S. Constitution. The class-action lawsuit asks the court to reinstate the banned books into school library circulation.
Not long after the ACLU filed the lawsuit, the Wentzville school board reversed its decision regarding The Bluest Eye. Rothert welcomed the reversal in a statement issued in late February, but said that the ACLUs case is still active.
The fact remains that six books are still banned. And Wentzvilles policies still make it easy for any community member to force any book from the shelves even when they shamelessly target books by and about communities of color, LGBTQ people, and other marginalized groups, Rothert said.
The Wentzville case begs a question of how the Supreme Courts narrow 5-4 decision in Picoi.e., that there are some constitutional limits on the power of school officials to remove books from school librariesapplies in todays highly charged book banning environment.
When Pico was decided, then-Justice William Brennan wrote the plurality opinion, which was joined either in full or in part by four other justices.
In brief, we hold that local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodoxin politics, nationalism, religion, or other matters of opinion, Justice Brennan wrote.
Another four justices dissented from that opinion. Some did not believe that the case implicated the First Amendment.
Consequently, aside from the principal opinion, Pico produced six different opinions from the various justices, each of whom presented potentially thorny legal questions underlying book banning in public schools. Those issues ranged from considering the underlying motivation for removing books, to examining the fundamental right to receive information under the law, to questioning whether school boards should be given broad judicial deference to manage school library collections.
The divergent viewpoints from the Supreme Court in the Pico case make it difficult to pinpoint a definitive legal test for determining whether a particular school boards book removal runs afoul of the Constitution. As a result, book banning proponents may continue to push the issue until their state legislators clearly define school board authority to pull books from library shelves. And at this time, more than 13 states are reportedly proposing or considering bills that would make it easier for local school boards to remove books from school libraries.
Although the Wentzville board has thus far reinstated one of the banned books, the ACLU as of March appeared poised to continue pursuing the case in the courts.
The First Amendment to the U.S. Constitution protects the right to share ideas, including the right of people to receive information and knowledge, Rothert said in a statement, adding, We must protect this right, including educators and students rights to talk and learn about race and gender in schools.
Kelley R. Taylor is a writer, journalist, and lawyer.
The rest is here:
Taking Book Banners to Court: A Look at a Student Lawsuit in Missouri and Impact of the 1982 - School Library Journal
- Colberts the Beginning, The First Amendment Battle Continues | Opinion - Newsweek - June 22nd, 2026 [June 22nd, 2026]
- IAFF-backed First Amendment lawsuits advance toward trial - IAFF - June 19th, 2026 [June 19th, 2026]
- Revisiting the First Amendment, which created the architecture of state control in India - The Indian Express - June 19th, 2026 [June 19th, 2026]
- CCIA Files Brief Arguing that Texas App Store Law Likely Violates First Amendment - CCIA - June 19th, 2026 [June 19th, 2026]
- Knight Institute, Sen. Welch, and Mohsen Mahdawi Warn Against Weaponization of Immigration Law - | Knight First Amendment Institute - June 19th, 2026 [June 19th, 2026]
- The First Amendment can be expressed in countless ways, such as painting a crosswalk. - Monterey County Weekly - June 19th, 2026 [June 19th, 2026]
- American opinion: Protecting the First Amendment - Grand Forks Herald - June 19th, 2026 [June 19th, 2026]
- UNs Albanese faces uphill battle with First Amendment case seeking to end sanctions against her - Washington Examiner - June 19th, 2026 [June 19th, 2026]
- Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations - Yahoo - June 12th, 2026 [June 12th, 2026]
- Of Slop and Swarms: The First Amendment's Next Test - | Knight First Amendment Institute - June 12th, 2026 [June 12th, 2026]
- Will the First Amendment Affect the Midterms? Government Pressure to Control Speech and AI Tools Worries Americans - American Enterprise Institute -... - June 12th, 2026 [June 12th, 2026]
- Fort Wayne Death Doula Secures Final Victory in First Amendment Lawsuit Challenging States Restrictions on Discussing End-of-Life Care - The Institute... - June 12th, 2026 [June 12th, 2026]
- NJ reproductive health bill raises First Amendment concerns - The Jersey Vindicator - June 12th, 2026 [June 12th, 2026]
- Roll Call. Clicks and confrontation are the real goal of First Amendment auditors - Shaw Local - June 12th, 2026 [June 12th, 2026]
- Southern Baptists Want to Shrink First Amendment Protections - Word&Way - June 12th, 2026 [June 12th, 2026]
- Armstrong responds to backlash over his endorsements I didnt give up my first amendment rights when I became governor - WDAY Radio - June 12th, 2026 [June 12th, 2026]
- On Mormons, The Pentagon, And The First Amendment - Patheos - June 12th, 2026 [June 12th, 2026]
- Philly Cops Admit That Theyre Tracking First Amendment Activity Critical of AI - The Intercept - June 3rd, 2026 [June 3rd, 2026]
- Free Speech Unmuted: The First Amendment and Privacy Rights - Reason Magazine - June 3rd, 2026 [June 3rd, 2026]
- Join the Conversation: The First Amendment and the American Flag - WSHU - June 3rd, 2026 [June 3rd, 2026]
- What Is the Equal Opportunities Rule? FCC Regulation Explained as ABC Claims First Amendment Violation - Freedom Forum - June 3rd, 2026 [June 3rd, 2026]
- VICTORY! Tennessee man jailed 37 days for Trump meme wins $835,000 settlement after First Amendment lawsuit - FIRE | Foundation for Individual Rights... - May 27th, 2026 [May 27th, 2026]
- 'If you can frighten people, you can control them': Journalist Alex Berenson warns about fear-based tactics after securing $150K First Amendment... - May 27th, 2026 [May 27th, 2026]
- The First Amendment exists to protect speech we dont want to hear - CT Mirror - May 27th, 2026 [May 27th, 2026]
- ACLU of Indiana reaches settlement in First Amendment lawsuit against Ball State University - WTHI-TV - May 27th, 2026 [May 27th, 2026]
- Justice Department Appeals Federal Judges Ruling That First Amendment Protections Apply to Sanctioned UN Special Rapporteur - Foundation for Defense... - May 27th, 2026 [May 27th, 2026]
- Q&A: Anna Gomez Is the Sole Democrat on the FCC. She Has a Warning for Big Media Companies - First Amendment Watch - May 27th, 2026 [May 27th, 2026]
- How does the First Amendment apply to protesters at church? Onondaga County lawmakers consider question raised by new bill - AOL.com - May 27th, 2026 [May 27th, 2026]
- A free press is for all of us. Why I cover the First Amendment - The Tennessean - May 17th, 2026 [May 17th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - LancasterOnline - May 17th, 2026 [May 17th, 2026]
- Letter to the Editor: An assault on the First Amendment - Brattleboro Reformer - May 16th, 2026 [May 16th, 2026]
- Re-Aligning Incentives in the Democratic Public Sphere - | Knight First Amendment Institute - May 13th, 2026 [May 13th, 2026]
- In Legal Dispute Over The View, ABC Argues Trump Administration Is Trying To Chill Free Speech - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Appeals Court Spares Trump From Paying $83 Million Defamation Award to E. Jean Carroll For Now - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Online Speech and Jawboning Hypocrisy: Does an Inglorious First Amendment Legacy Await Bondi and Noem? - American Enterprise Institute - AEI - May 13th, 2026 [May 13th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - The Daily Item - May 13th, 2026 [May 13th, 2026]
- ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View" - CBS News - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Government of Violating First Amendment - The New York Times - May 9th, 2026 [May 9th, 2026]
- Jane Fonda, Patti Smith, Rufus Wainwright to Gather in Celebration of the First Amendment in NYC - Rolling Stone - May 9th, 2026 [May 9th, 2026]
- FCC's warnings on political interviews 'chill' First Amendment, ABC says - Politico - May 9th, 2026 [May 9th, 2026]
- ABC Says FCCs Equal Time Crackdown On The View Chills Its First Amendment Rights - Deadline - May 9th, 2026 [May 9th, 2026]
- ABC accused the U.S. government of violating the First Amendment in a dispute with the FCC over The View. The networks argument is the most aggressive... - May 9th, 2026 [May 9th, 2026]
- ABC accuses government of violating First Amendment - Editor and Publisher - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Trump Administration of Violating First Amendment with FCC's Pointed Attacks on The View - People.com - May 9th, 2026 [May 9th, 2026]
- Sen. Kelly First Amendment Case: Government Cannot Be Arbiter of Its Own Speech Restrictions - Cato Institute - May 9th, 2026 [May 9th, 2026]
- DCYF warning to union leader raises First Amendment concerns, ACLU says - Rhode Island Current - May 9th, 2026 [May 9th, 2026]
- ABC accuses the FCC of violating its first amendment rights - WQAD - May 9th, 2026 [May 9th, 2026]
- Local news and the First Amendment: Whats at stake - Roswell Daily Record - May 9th, 2026 [May 9th, 2026]
- Mark Kelly lawsuit: impact on First Amendment rights of retired veterans - KTAR News 92.3 FM - May 9th, 2026 [May 9th, 2026]
- ABC and Disney accuse Trump admin of violating First Amendment rights - The Verge - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of violating the First Amendment in their attacks on 'The View': An overreach that "threatens to upend decades of settled... - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - KBAK - May 9th, 2026 [May 9th, 2026]
- Disney-Owned ABC Accuses U.S. Government of Violating First Amendment - WDW News Today - May 9th, 2026 [May 9th, 2026]
- ADL Reports a Sharp Drop in US Antisemitic Incidents in 2025, Driven by a Steep Fall on Campuses - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- Bette Midler and Jane Fonda to Headline Protest Concert for the First Amendment in New York - TheWrap - May 9th, 2026 [May 9th, 2026]
- Rutgers University Withdraws Invite to a Graduation Speaker Over His Criticism of Israel - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - WKRC - May 9th, 2026 [May 9th, 2026]
- Patti Smith to take part in Rise Up, Sing Out: A Concert for the First Amendment - Everett Post - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of chilling The View's First Amendment rights to be The View - AV Club - May 9th, 2026 [May 9th, 2026]
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]
- First Amendment advocates blast the FCC's early review of ABC broadcast licenses - NBC News - April 29th, 2026 [April 29th, 2026]
- Kimmel, the First Amendment and a brewing battle with the FCC - USA Today - April 29th, 2026 [April 29th, 2026]
- Former Spokane mayor Woodward wants $10 million from the city, alleges First Amendment violations - KXLY.com - April 29th, 2026 [April 29th, 2026]
- The Taricani Visiting Journalist Series on First Amendment Rights Harrington School of Communication and Media - The University of Rhode Island - April 29th, 2026 [April 29th, 2026]
- In rare interviews, Bush hails the First Amendment and Obama says America doesn't have 'kings' - NBC News - April 23rd, 2026 [April 23rd, 2026]
- CBS Hosting Dinner Praising Trump And His Love Of The First Amendment - Techdirt. - April 23rd, 2026 [April 23rd, 2026]
- BREAKING: Street preacher threatens to sue SIUE on grounds of First Amendment rights violation - alestlelive.com - April 23rd, 2026 [April 23rd, 2026]
- First Amendment to Arkansas: You Cannot Sentence Speech on the Internet to Death by a Thousand Cuts in NetChoice Court Victory - NetChoice - April 23rd, 2026 [April 23rd, 2026]
- The GUARD Act dis-GUARDs the First Amendment and competition - Competitive Enterprise Institute - April 23rd, 2026 [April 23rd, 2026]