III 

117TH CONGRESS 

2D SESSION S. RES. 838 

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 

NOVEMBER 17, 2022 

Mr. SCHATZ (for himself, Mr. MARKEY, Mr. MENENDEZ, Mr. CASEY, Ms. 

HIRONO, Mr. WYDEN, Mr. PADILLA, Mr. MERKLEY, Mr. SANDERS, Mr. 

BOOKER, Mr. REED, Mrs. FEINSTEIN, and Mr. HEINRICH) 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 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 ‘‘[e]veryone 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’’; 


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•SRES 838 IS 

Whereas PEN America has identified more than 1,600 

unique books by 1,261 different authors, 290 illustrators, 

and 18 translators that have been banned in the United 

States during the 2021–2022 school year; 

Whereas an increasing number of books bans have departed 

from best practice guidelines outlined by the National Coalition Against Censorship, the National Council of 

Teachers of English, and the American Library Association for responding to demands to censor books; 

Whereas the sharing of all ideas and the freedom to read are 

essential to a strong democracy; 

Whereas books do not require readers to agree with topics or 

themes 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 inherently 

illiberal and anti-democratic tactics used by authoritarian 

regimes against their people; 

Whereas book bans often seek to impose restrictions on all 

students and families based on the political, ideological, 

or cultural preferences of the individuals calling for book 

bans; 

Whereas book bans have multifaceted, harmful consequences 

on— 

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

range of stories and perspectives, including students from 

historically marginalized backgrounds whose communities 

are often are underrepresented in literature; 

(2) educators and librarians, who are operating in 

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oriented environment with a chilling effect on teaching 

and learning; 

(3) authors whose works are targeted; and 

(4) parents who want students to attend public 

schools that remain open to curiosity, discovery, and the 

freedom to read; 

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; 

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

(6) ‘‘Adventures of Huckleberry Finn’’ by Mark 

Twain; 

Whereas books face a heightened risk of being banned, particularly when written by and about outsiders, newcomers, and individuals from marginalized backgrounds; 

Whereas 674 books referring to LGBTQ+ themes or with 

LGBTQ+ characters, including books that recognize the 

equal humanity and dignity of all individuals despite differences, have been banned or otherwise restricted in the 

United States this year, including— 

(1) ‘‘Families, Families, Families!’’ by Suzanne 

Lang; and 

(2) ‘‘All Are Welcome’’ by Alexandria Penfold; 

Whereas 659 books, both fiction and nonfiction, with protagonists of color or prominent secondary characters of color 


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have been banned or otherwise restricted in the United 

States this year, including— 

(1) ‘‘Ruby Bridges Goes to School: My True Story’’ 

by Ruby Bridges; 

(2) ‘‘Martin Luther King, Jr. and the March on 

Washington’’ by Francis E. Ruffin; 

(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 vital diversity of civic life in the United States and the painful historical realities 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 the Secretary of Education of Oklahoma is seeking 

to revoke the teaching certificate of an educator who 


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merely provided to her students a link to the Books 

Unbanned initiative of the Brooklyn Public Library, 

which provides young people across the country access to 

books that may be banned or otherwise restricted in 

schools; 

Whereas, during congressional hearings on April 7, 2022, and 

May 19, 2022, students, parents, teachers, librarians, 

and school administrators testified to the chilling and 

fear-inducing effects that book bans have on education 

and the school environment; 

Whereas, according to PEN America, during the 2021–2022 

school year, approximately 140 school districts in 32 

States issued more than 2,500 book bans or other restrictions, including repeated titles, affecting more than 5,000 

individual schools and approximately 4,000,000 students, 

limiting access to certain books for limited or indefinite 

periods of time, including— 

(1) Florida, where at least 566 books in total have 

been banned or otherwise restricted in 21 school districts; 

(2) Georgia, where at least 23 books in total have 

been banned or otherwise restricted in 2 school districts; 

(3) Indiana, where at least 18 books in total have 

been banned or otherwise restricted in 3 school districts; 

(4) Kansas, where at least 30 books in total have 

been banned or otherwise restricted in 2 school districts; 

(5) Michigan, where at least 41 books in total have 

been banned or otherwise restricted in 4 school districts; 

(6) Missouri, where at least 27 books in total have 

been banned or otherwise restricted in 8 school districts; 

(7) New York, where at least 123 books in total 

have been banned or otherwise restricted in 34 school districts; 


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(8) Oklahoma, where at least 43 books in total have 

been banned or otherwise restricted in 3 school districts; 

(9) Pennsylvania, where at least 457 books in total 

have been banned or otherwise restricted in 11 school districts; 

(10) Tennessee, where at least 349 books in total 

have been banned or otherwise restricted in 6 school districts; 

(11) Texas, where at least 801 books in total have 

been banned or otherwise restricted in 22 school districts; 

(12) Utah, where at least 1,211 books in total have 

been banned or otherwise restricted in 3 school districts; 

and 

(13) Virginia, where at least 169 books in total have 

been banned or otherwise restricted in 79 school districts; 

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 

not ‘‘shed their constitutional rights to freedom of speech 

or expression at the schoolhouse gate’’; and 

Whereas, while library collections may be curated based on a 

variety of factors, including pedagogical value, student interest, and the age-appropriateness of the material, in 

1982, a plurality of the Supreme Court of the United 

States held in Board of Education, Island Trees Union 


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

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

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

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

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) expresses concern about the spreading prob3 lem of book banning and the proliferation of threats 

4 to freedom of expression in the United States; 

5 (2) reaffirms the commitment of the United 

6 States to supporting the freedom of expression of 

7 writers and the freedom of all individuals in the 

8 United States to read books without government 

9 censorship; 

10 (3) calls on local governments and educational 

11 institutions to follow best practice guidelines when 

12 addressing challenges to books; and 

13 (4) calls on local governments and educational 

14 institutions to protect the rights of students to learn 

15 and the ability of educators and librarians to teach 

16 students, including by providing students with the 

17 opportunity to read a wide array of books reflecting 

18 a multitude of viewpoints and perspectives. 

Æ 


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