How is book banning unconstitutional?

Question

I just read about the Parents of New York United organization banning books from their school libraries. How is this unconstitutional?

Answer 1

Freedom of speech my friend , its one of our rights guaranteed by the constitution.

Answer 2

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


The constitution protects fredom of speech including printed materials. Thus, banning books is unconstitutional.

I need to edit this answer: Banning books from being published is unconstitutional, removing them from public libraries would be unconstitutional but removing them from store shelves or schools would not be. Some materials are not suitable for people of certain ages and not appropriate for some venues.

Answer 3

Actually, what Parents of New York United is doing is NOT unconstitutional. They are a private organization, not the United States Government. The constitution only applies to the Unites States government, not citizens.

Answer 4

Maybe we should ask " when a book is banned who's rights's are infringed upon, the author or the reader?". Don't misread, I believe in the right to write what one wants to write but when it is (I include art, public speech, and print) inappropriate for a minor then parents and administrators must have the ability to keep certain "adult" themes from minors. When the minor reaches adulthood they have the right to access but until then certain themes should be withheld. This wouldn't be a problem if adults were not so afraid that adult content always meant something sinister or vulgar.

It could be said that the Bible holds many horrific, violent, and frightening themes but it is not withheld in content. It also contains issues that may offend many adults but again is not withheld. However, it bears the test of time and can be delivered to children sensibly and as they are capable of understanding the message. Shouldn't this be true of all writing? Let's not be so quick to understand the difference between sensorship and banning.

Answer 5

Perhaps, you should read what you wrote or could you supply some information about the Parents of New York United.

The 1st amendment forbids the GOVERNMENT from issuing a prior restraint on the publications of books, pamphlets, et. all

If the Parents of New York United is not a governmental unit they can ban anything they want, just as you could forbid your child from reading The Story of O, Anne Rice's Sleeping Beauty saga, or any other erotica.

So long at the call for a bann does not come from government , the call for the bann is as protected as someone declaring that Pres Bush is a bad public speaker and the former President Clinton is both a liar and abuser of women.

People and their association are allowed to express themselves.

Answer 6

because in the public school system there is a protection of the people's constitutional rights. this includes the right to free speech and expression. banning books is by definition a restriction of that right

Answer 7

Schools are having different objectives than our life which is structured by basic laws (eg. constitution), therefore parents have a right to restrict certain books from school libraries.

Answer 8

Freedom Of Speech! You just can't ban a book because you don't like it!

Answer 9

Freedom of speech. Written text is a form of speech.

Answer 10

Two freedoms violated.... freedom of speech and freedom of the press.