ACLJ Urges Appeals Court to Reject ACLU Interference in Local School Board Decision in Florida to Remove Communist Propaganda
Posted on October 23, 2006
The American Center for Law and Justice (ACLJ), which specializes in constitutional law, today filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit in support of a school district’s decision in Florida to remove a factually-flawed book about Cuba from the school library – a decision that triggered a lawsuit by the ACLU. A federal district court held that the decision to replace the book violated the First Amendment rights of students. The ACLJ brief urges the appeals court to overturn that decision arguing that the school board has the authority to provide accurate and factual information to students.
“This case is about ensuring that students receive accurate and factual information – not about the suppression of ideas,” said Jay Sekulow, Chief Counsel of the ACLJ, which filed the amicus brief in support of the school district. “Once again, the ACLU is using the courts to bully a school board that did what any school board should do – look out for the best interest of its students. The local school board is supposed to be the microcosm of the democratic process. Parents exercise their right to direct the upbringing and education of their children by electing school board members and entrusting them with their children’s education. The Miami-Dade County School Board acted in a sound and proper manner. We’re hopeful that the appeals court will reject the ACLU’s flawed argument and respect the authority and judgment of the community-based school board that knows what’s best for its students.”
This case involves a dispute in Miami-Dade County, Florida over a book, A Visit To Cuba, that was placed in public school libraries. The book was intended for 4-to-8 year old children and made claims that life in Cuba is no different than life in the United States. Many in the community who suffered greatly under the Communist regime in Cuba were outraged at the book’s inaccuracies and misstatements. The school board decided to replace the Cuba book, and the series it is a part of, with a more accurate set of books.
The ACLU filed a federal lawsuit challenging the school board’s authority to oversee the content of its libraries. In July 2006, a federal district court judge held that the school’s decision to replace the library books violated the First Amendment rights of students.
In its amicus brief, the ACLJ explains that “[t]he day-to-day operations of our nation’s schools are primarily the responsibility of state and local governments because they are best equipped to prepare students to become informed citizens.” The brief argues that school libraries serve an important educational function and school boards have the authority to ensure that all library materials are accurate. The brief also explains that the Supreme Court’s decision in United States v. American Library Association, 539 U.S. 194 (2003) – which upheld a federal law requiring libraries receiving federal funds to protect children from Internet pornography and other harmful materials – supports the authority of public libraries to oversee what materials are available to children.
“The Board’s concern was the accuracy of facts and the need to prepare students to be well-informed citizens, not the suppression of ideas,” the brief argues. “This determination poses no constitutional crisis. Rather, it falls within the category of routine, discretionary decisions made by thousands of school boards across the country on a daily basis.”
The ACLU are using their infamous “slippery slope” argument. Of course this argument doesn’t hold water. They are dubbing this as censorship, yet it is no such thing. Censorship would be the government refusing to allow people to publish, or people to purchase certain materials. It isn’t censorship when a school decides to no longer provide biased propaganda at the taxpayer’s expense.
This is the same ACLU that has fought so hard to exclude the Bible from school grounds. They even went so far as to force a 5th grade teacher to remove his personal Bible from his own classroom even though it was for personal use. Is this where the slippery slope started?
You can support the ACLJ’s efforts here.
» Filed Under 1st Amendment, ACLU, Communism, News
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6 Responses to “ACLJ Urges Appeals Court to Reject ACLU Interference in Local School Board Decision in Florida to Remove Communist Propaganda”
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I have always wondered how the ACLU has run roughshod over our Constitution for all these years without a real opponent. It is my opinion that we have lost more civil liberties with this bunch than they have saved.
Glenn Reynolds says, “I think that demonizing the ACLU is a bit silly.”
I say, “I think that the ACLU demonizing any expression of religion is a bit oppressive!”
It’s freedom OF religion, not freedom FROM religion. And separation of church and state is a phrase they use that does not exist in the Constitution or its amendments. It was meant to keep the government from adopting a national religion. So the mention of “God” in the pledge of allegiance, for example; which religion is that? It’s the mention of a higher power, not any particular religion. Get a grip!!!
I’m not familiar with the book. Are you sure it has significant factual inaccuracies or are you taking the ACLJ’s word for it?
Also, it is unlikely that the school received any refund by pulling the book, so the expense has already occurred. The school was certainly under no obligation to buy the book, but given that they did, do they have the right to pull it?
It’s hard to say. If the book does have significant factual inaccuracies, then they probably do based on the “harmful materials” clause of the federal law. But if it is simply a difference of interpretation, then it could be construed as censoring unpopular views.
According to the right of property the school can do with its property what it sees fit as long as it does not harm itself or others.
The ACLU needs to sight some piece of legislation the school is violating by pulling the book.
I just can not see any that states the school can not select what book it wants and does not want to own.
I do not see how selecting not to stock the book is infringing on anyone’s First Amendment rights. That must require a warped viewpoint since there is no right to read in the First Amendment. The circuit judge was obviously an activist, a fool, or incompetent.
No one is saying not to publish or read the book. They are simply stating they don’t want taxpayer money subsidizing a book full of errors and propaganda. If someone wants to go buy the book to read, no one is stopping them.
At the risk of repeating myself…
- The book was already purchased, so the taxpayer money argument is invalid. The district has the authority to buy whichever books it pleases (within limits of decency, of course). The question at stake here is: Does the district have the authority to pull a book that it has already purchased, and if so, under what conditions?
- Do you know for a fact that the book is “full of errors and propaganda” or are you taking the ACLJ’s word for it?