III 

118TH CONGRESS 

1ST SESSION S. RES. 372 

Expressing concern about the spreading problem of book banning and the 

proliferation of threats to freedom of expression in the United States. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2023 

Mr. SCHATZ (for himself, Mr. REED, Mrs. FEINSTEIN, Ms. HIRONO, Mr. 

WYDEN, Mr. MURPHY, Mr. MERKLEY, Mr. WHITEHOUSE, Mr. BOOKER, 

Mr. CARDIN, Mr. SANDERS, Mr. DURBIN, Mr. PADILLA, Mr. MARKEY, 

and Mr. BLUMENTHAL) submitted the following resolution; which was referred to the Committee on the Judiciary 

RESOLUTION 

Expressing concern about the spreading problem of book 

banning and the proliferation of threats to freedom of 

expression in the United States. 

Whereas the overwhelming majority of voters in the United 

States oppose book bans; 

Whereas an overwhelming majority of voters in the United 

States support educators teaching about the civil rights 

movement, the history and experiences of Native Americans, enslaved Africans, immigrants facing discrimination, and the ongoing effects of racism; 

Whereas, in 1969, the Supreme Court of the United States 

held in Tinker v. Des Moines Independent Community 

School District, 393 U.S. 503 (1969), that students do 


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•SRES 372 IS 

not ‘‘shed their constitutional rights to freedom of speech 

or expression at the schoolhouse gate’’; 

Whereas, in 1982, a plurality of the Supreme Court of the 

United States wrote in Board of Education, Island Trees 

Union Free School District No. 26 v. Pico, 457 U.S. 853 

(1982), that schools may not remove library books based 

on ‘‘narrowly partisan or political grounds’’, as this kind 

of censorship will result in ‘‘official suppression of ideas’’; 

Whereas the First Amendment to the Constitution of the 

United States protects freedom of speech and the freedom to read and write; 

Whereas Article 19 of the Universal Declaration of Human 

Rights states that ‘‘everyone has the right to freedom of 

opinion and expression; this right includes freedom to 

hold opinions without interference and to seek, receive 

and impart information and ideas through any media and 

regardless of frontiers’’; 

Whereas PEN America has identified nearly 3,400 instances 

of individual books banned, affecting 1,557 unique titles 

from July 2022 through June 2023 alone, representing 

a 33-percent increase in bans compared to the prior year 

of July 2021 through June 2022; 

Whereas of the 2,532 bans in the 2021–2022 school year, 96 

percent of them were enacted without following the best 

practice guidelines for book challenges outlined by the 

American Library Association, the National Coalition 

Against Censorship, and the National Council of Teachers of English; 

Whereas the unimpeded sharing of ideas and the freedom to 

read are essential to a strong democracy; 


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•SRES 372 IS 

Whereas books do not require readers to agree with topics, 

themes, or viewpoints but instead allow readers to explore 

and engage with differing perspectives to form and inform their own views; 

Whereas suppressing the freedom to read and denying access 

to literature, history, and knowledge are repressive and 

antidemocratic tactics used by authoritarian regimes 

against their people; 

Whereas book bans violate the rights of students, families, 

residents, and citizens based on the political, ideological, 

and cultural preferences of the specific individuals imposing the bans; 

Whereas book bans have multifaceted, harmful consequences 

on— 

(1) students, who have a right to access a diverse 

range of stories and perspectives, especially students 

from historically marginalized backgrounds whose communities are often targeted by thought control measures; 

(2) educators and librarians, who are operating in 

some States in an increasingly punitive and surveillanceoriented environment and experience a chilling effect in 

their work; 

(3) authors whose works are targeted and suppressed; 

(4) parents who want their children to attend public 

schools that remain open to curiosity, discovery, and the 

freedom to read; and 

(5) community members who want free access to a 

range of uncensored information and knowledge from 

their public libraries; 

Whereas classic and award-winning literature and books that 

have been part of school curricula for decades have been 


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•SRES 372 IS 

challenged, removed from libraries pending review, or 

outright banned from schools, including— 

(1) ‘‘Brave New World’’ by Aldous Huxley; 

(2) ‘‘The Handmaid’s Tale’’ by Margaret Atwood; 

(3) ‘‘Anne Frank’s Diary: The Graphic Adaptation’’ 

adapted by Ari Folman; 

(4) ‘‘Their Eyes Were Watching God’’ by Zora Neal 

Hurston; and 

(5) ‘‘To Kill a Mockingbird’’ by Harper Lee; 

Whereas books, particularly those written by and about outsiders, newcomers, and individuals from marginalized 

backgrounds, are facing a heightened risk of being 

banned; 

Whereas, according to PEN America, 36 percent of instances 

of books banned or otherwise restricted in the United 

States from July 2021 to June 2023 have LGBTQ+ 

characters or themes that recognize the equal humanity 

and dignity of all individuals despite differences, including— 

(1) ‘‘And Tango Makes Three’’ by Justin Richardson and Peter Parnell; and 

(2) ‘‘This Book Is Gay’’ by Juno Dawson; 

Whereas 37 percent of instances of books, both fiction and 

nonfiction, that have been banned or otherwise restricted 

in the United States from July 2021 to June 2023 are 

books about race, racism, or feature characters of color, 

including— 

(1) ‘‘The Story of Ruby Bridges’’ by Robert Coles 

and illustrated by George Ford; 

(2) ‘‘Letter from Birmingham Jail’’ by Martin Luther King, Jr.; 


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•SRES 372 IS 

(3) ‘‘Thank You, Jackie Robinson’’ by Barbara 

Cohen; 

(4) ‘‘Malala: A Hero For All’’ by Shana Corey; 

(5) ‘‘Fry Bread: A Native American Family Story’’ 

by Kevin Noble Maillard; 

(6) ‘‘Hair Love’’ by Matthew A. Cherry; 

(7) ‘‘Good Trouble: Lessons From the Civil Rights 

Playbook’’ by Christopher Noxon; and 

(8) ‘‘We Are All Born Free: The Universal Declaration of Human Rights in Pictures’’; 

Whereas the Comic Book Legal Defense Fund has reported 

a dramatic surge in challenges at libraries and schools to 

the inclusion of graphic novels that depict the diversity 

of civic life in the United States and the painful and 

complex history of the human experience, including— 

(1) ‘‘New Kid’’ by Jerry Craft; 

(2) ‘‘Drama’’ by Raina Telgemeier; 

(3) ‘‘American Born Chinese’’ by Gene Luen Yang; 

and 

(4) ‘‘Maus’’ by Art Spiegelman; 

Whereas books addressing death, grief, mental illness, and 

suicide are targeted alongside nonfiction books that discuss feelings and emotions written for teenage and young 

adult audiences that frequently confront these topics; 

Whereas, during congressional hearings on April 7, 2022, 

May 19, 2022, and September 12, 2023, students, parents, teachers, librarians, and school administrators testified to the chilling and fear-spreading effects that book 

bans have on education and the school environment; and 

Whereas, according to PEN America, from July 2022 to 

June 2023, States across the country limited access to 


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•SRES 372 IS 

certain books for limited or indefinite periods of time, including— 

(1) Florida, where at least 1,406 books in total have 

been banned or restricted in 33 school districts; 

(2) Texas, where at least 625 books in total have 

been banned or restricted in 12 school districts; 

(3) Missouri, where at least 333 books in total have 

been banned or restricted in 14 school districts; 

(4) Utah, where at least 281 books in total have 

been banned or restricted in 10 school districts; 

(5) Pennsylvania, where at least with 186 books in 

total have been banned or restricted in 7 school districts; 

(6) South Carolina, where at least with 127 books 

in total have been banned or restricted in 6 school districts; 

(7) Virginia, where at least 75 books in total have 

been banned or restricted in 6 school districts; 

(8) North Carolina, where at least with 58 books in 

total have been banned or restricted in 6 school districts; 

(9) Wisconsin, where at least with 43 books in total 

have been banned or restricted in 5 school districts; 

(10) Michigan, where at least with 39 books in total 

have been banned or restricted in 12 school districts; 

(11) North Dakota, where at least with 27 books in 

total have been banned or restricted in 1 school district; 

(12) Tennessee, where at least 11 books in total 

have been banned or restricted in 5 school districts; and 

(13) New York, where at least 6 books in total have 

been banned or restricted in 3 school districts: Now, 

therefore, be it 

1 Resolved, That the Senate— 


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•SRES 372 IS 

1 (1) expresses concern about the spreading prob2 lem of book banning and the proliferating threats to 

3 freedom of expression in the United States; 

4 (2) reaffirms the commitment of the United 

5 States to supporting the freedom of expression of 

6 writers that is protected under the First Amendment 

7 to the Constitution and the freedom of all individ8 uals in the United States to read books without gov9 ernment censorship; 

10 (3) calls on local governments and school dis11 tricts to follow best practice guidelines when ad12 dressing challenges to books; and 

13 (4) calls on local governments and school dis14 tricts to protect the rights of students to learn and 

15 the ability of educators and librarians to teach, in16 cluding by providing students with the opportunity 

17 to read a wide array of books reflecting the full 

18 breadth and diversity of viewpoints and perspectives. 

Æ 


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