Some threats to freedom of expression in America, like online harassment and disinformation, are amorphous or hard to pin down; others are alarmingly overt. Consider these recent examples of censorship in practice: A student newspaper and journalism program in Nebraska shut down for writing about L.G.B.T.Q. issues and pride month. Oklahoma’s top education official seeking to revoke the teaching certificate of an English teacher who shared a QR code that directed students to the Brooklyn Public Library’s online collection of banned books. Lawmakers in Missouri passing a law that makes school librarians vulnerable to prosecution for the content in their collections.
In Florida today it may be illegal for teachers to even talk about whom they love or marry thanks to the state’s so-called Don’t Say Gay law. Of course, it goes far beyond sex: The Sunshine State’s Republican commissioner of education rejected 28 math textbooks this year for including verboten content.
This year alone, 137 gag order bills, which would restrict the discussions of topics such as race, gender, sexuality and American history in kindergarten through 12th grade and higher education, have been introduced in 36 state legislatures, according to a report released last month by PEN America, a free speech organization. That’s a sharp increase from 2021, when 54 bills were introduced in 22 states. Only seven of those bills became law in 2022, but they are some of the strictest to date, and the sheer number of bills introduced reflects a growing enthusiasm on the right for censorship as a political weapon and instrument of social control.
These new measures are far more punitive than past efforts, with heavy fines or loss of state funding for institutions that dare to offer courses covering the forbidden content. Teachers can be fired and even face criminal charges. Lawsuits have already started to trickle through the courts asking for broad interpretations of the new statutes. For the first time, the PEN report noted, some bills have also targeted nonpublic schools and universities in addition to public schools.
It wasn’t all that long ago that Republican lawmakers around the country were introducing legislation they said would protect free speech on college campuses. Now, they’re using the coercive power of the state to restrict what people can talk about, learn about or discuss in public, and exposing them to lawsuits and other repercussions for doing so. That’s a clear threat to the ideals of a pluralistic political culture, in which challenging ideas are welcomed and discussed.
How and what to teach American students has been contested ground since the earliest days of public education, and the content of that instruction is something about which Americans can respectfully disagree. But the Supreme Court has limited the government’s power to censor school libraries, if not curriculums. “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,’” Justice William Brennan wrote in a 1982 decision.
There may not even be wide disagreement over what American students are being taught. Despite the moral panic over teaching about gender and race, American parents overwhelmingly say they are satisfied with the instruction their children receive. A poll from National Public Radio and Ipsos earlier this year found that just 18 percent of parents said their child’s school “taught about gender and sexuality in a way that clashed with their family’s values,” while 19 percent said the same about race and racism. Only 14 percent felt that way about American history.
And yet, some Republican candidates are using the threat of censorship as a show of strength, evidence of their power to muzzle political opponents. Last year in Virginia, Glenn Youngkin won the governorship after a campaign in which he demagogued the Pulitzer Prize-winning book “Beloved” by the Nobel Prize-winning Toni Morrison. Other candidates are looking to make issues around censorship a centerpiece of their pitch to voters in the midterm elections in races from Texas to New Jersey.
Some want to extend censorship far beyond the classroom. In Virginia, a Republican state representative tried to get a court to declare as obscene two young adult books that are frequently banned in schools, “Gender Queer,” by Maia Kobabe, and “A Court of Mist and Fury,” by Sarah Maas. The case was dismissed on Aug. 30, but if it had been successful, it could have made it illegal for bookstores to sell the books to children without parental consent.
Right-wing lawmakers are also looking to restrict what Americans can say about abortion. Model legislation from the National Right to Life Committee, which is circulating in state legislatures, aims to forbid Americans to give “instructions over the telephone, the internet or any other medium of communication regarding self-administered abortions or means to obtain an illegal abortion.” That prohibition would extend to hosting websites that contain such information.
Even when such bills fail, these efforts to censor create a climate of fear. Across the country, libraries in small towns are being threatened with closure and library staff members are being harassed and intimidated. The Times reports that librarians “have been labeled pedophiles on social media, called out by local politicians and reported to law enforcement officials. Some librarians have quit after being harassed online. Others have been fired for refusing to remove books from circulation.” The American Library Association has documented nearly 1,600 books in more than 700 libraries or library systems that have faced attempted censorship.
There are factions on both the left and the right that are insecure enough in their ideas that they’ve tried to ban discussion of certain facts or topics out of discomfort, or simply to score political points. But only right-wing legislators are currently trying to write censorship into law. This is not only deeply undemocratic; it is an act of weakness masquerading as strength. A political project convinced of the superiority of its ideas doesn’t need the power of the state to shield itself from competition. Free expression isn’t just a feature of democracy; it is a necessary prerequisite.
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