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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 857 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
S. RES. 857

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 25, 2024

Mr. Schatz (for himself, Mr. Fetterman, Ms. Hirono, Mr. Blumenthal, Mr. 
   Durbin, Mr. Merkley, Mr. Van Hollen, Mr. Warnock, Mr. Welch, Mr. 
 Cardin, Ms. Butler, Mr. Reed, Mr. Padilla, Mr. Sanders, Mr. King, Mr. 
 Heinrich, Mr. Wyden, Mr. Whitehouse, Mr. Booker, Mr. Murphy, and Mr. 
 Markey) 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 adults in the United States oppose book 
        bans;
Whereas an overwhelming majority of adults 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, according to a survey by the Knight Foundation, an overwhelming 
        majority of adults are confident that their community's public schools 
        select appropriate books for students to read;
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 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 
        ``in a narrowly partisan or political manner'', 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 identified over 10,000 instances of individual books banned 
        between July 2023 and June 2024, which is over double the instances of 
        recorded book bans in public schools between July 2022 and June 2023 
        when PEN America counted nearly 3,400 instances of individual books 
        banned;
Whereas PEN America identified 5,894 instances of books banned between July 2021 
        and June 2023, affecting 2,823 unique titles and censoring the works of 
        2,598 authors, illustrators, and translators;
Whereas the overwhelming majority of recent book bans 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;
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 surveillance-oriented environment and are 
experiencing 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 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 a substantial number of the instances of books banned or otherwise 
        restricted in the United States 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 a significant proportion of the instances of books, both fiction and 
        nonfiction, that have been banned or otherwise restricted in the United 
        States 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.;

    (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, September 
        12, 2023, and October 19, 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 2021 to June 2023, over 40 States 
        across the country limited access to certain books for limited or 
        indefinite periods of time, including--

    (1) Florida, where at least 1,972 books in total have been banned or 
restricted in 37 school districts;

    (2) Texas, where at least 1,426 books in total have been banned or 
restricted in 28 school districts;

    (3) Pennsylvania, where at least 644 books in total have been banned or 
restricted in 16 school districts;

    (4) Missouri, where at least 360 books in total have been banned or 
restricted in 16 school districts;

    (5) Tennessee, where at least 360 books in total have been banned or 
restricted in 9 school districts;

    (6) Utah, where at least 293 books in total have been banned or 
restricted in 10 school districts;

    (7) South Carolina, where at least 128 books in total have been banned 
or restricted in 7 school districts;

    (8) Virginia, where at least 94 books in total have been banned or 
restricted in at least 6 school districts;

    (9) Michigan, where at least 80 books in total have been banned or 
restricted in at least 6 school districts;

    (10) North Carolina, where at least 74 books in total have been banned 
or restricted in at least 5 school districts;

    (11) Wisconsin, where at least 72 books in total have been banned or 
restricted in at least 12 school districts;

    (12) Idaho where at least 51 books in total have been banned or 
restricted in at least 1 school district; and

    (13) Oklahoma, where at least 45 books in total have been banned or 
restricted in at least 3 school districts: Now, therefore, be it

    Resolved, That the Senate--
            (1) supports the designation of the week of September 22 
        through September 28, 2024, as ``Banned Books Week'';
            (2) expresses concern about the spreading problem of book 
        banning and the proliferating threats to freedom of expression 
        in the United States;
            (3) reaffirms the commitment of the United States to 
        supporting the freedom of expression of writers that is 
        protected under the First Amendment to the Constitution and the 
        freedom of all individuals in the United States to read books 
        without government censorship;
            (4) calls on local governments and school districts to 
        follow best practice guidelines when addressing challenges to 
        books; and
            (5) calls on local governments and school districts to 
        protect the rights of students to learn and the ability of 
        educators and librarians to teach, including by providing 
        students with the opportunity to read a wide array of books 
        reflecting the full breadth and diversity of viewpoints and 
        perspectives.
                                 <all>
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