MITCHELL, South Dakota (MITCHELLNOW) Courts must protect classroom discussion from political censorship
The American Civil Liberties Union, an ACLU affiliate in the 8th Circuit, and PEN America Walls vs. Sandersis a First Amendment challenge to Arkansas' ban on “prohibited indoctrination” in K-12 public schools, a law that prevents race from being discussed fully and openly in the classroom. The brief, filed with the U.S. Court of Appeals for the Eighth Circuit, argues that students have an independent First Amendment right to receive information, including from public school curriculum.
As the group explained in its summary, the 8th Circuit decision: Pratt v. Independent School Dist. No. 831The Act gives students the right to receive information in the classroom curriculum and has been in place since 1982. Abandoning the Platt Act would have a dramatic and devastating effect on public education and would Actual Government propaganda and indoctrination.
Here are some comments:
- “The ACLU's Speech, Privacy & Technology Project is a critical component of the organization's efforts to protect the privacy of millions of people,” said Emerson Sykes, senior staff attorney at the ACLU's Speech, Privacy & Technology Project.Our students have a right to an honest and comprehensive education, not one that is censored by political considerations. Laws like this undermine the very purpose of public education in a democracy.”
- Holly Dixon, Executive Director of the ACLU of Arkansas: “Students have a right to know the truth about our history and struggles with race and racism. Knowing the facts is fundamental to progress toward racial equality and justice. It is particularly ironic and frightening that the law could silence the teaching of accurate facts about racial equality at Central High School, the epicenter of school integration in Arkansas and throughout the South.”
- Andrew Malone, staff attorney for the ACLU of South Dakota: “The outcome of this case is crucial. Here in South Dakota, we face unique challenges when it comes to censorship in our public schools. Instead of encouraging learning, our elected officials have continually proposed and passed policies that chill academic freedom. We should all agree that public school students have a First Amendment right to be informed. We are proud to join our partners at the ACLU in this case.”
- Casey Meehan, Freedom to Read Program Director at PEN America: “In the name of protecting children from so-called indoctrination, laws like Arkansas' LEARNS Act are a smokescreen for censoring constitutionally protected expression and access to information. All of us who value constitutionally protected freedoms should defend the First Amendment and students' ability to learn the complexities of American history. Every day that ideas and information are deprived from students because of Arkansas's disenfranchisement law is a day that they are denied the education and access to information they deserve.”
The Arkansas law is one example of a disturbing wave of classroom censorship bills across the country that seek to attack students' right to learn. But as the report notes, the ACLU is challenging similar laws restricting classroom discussion in Oklahoma, New Hampshire and Florida, all of which have been blocked in whole or in part by federal courts. The 8th Circuit Court of Appeals' case will likely be heard this fall, with a decision expected sometime next year.