Newsom warns schools against book bans, contrasting California further from red states
Julia Johnson
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Gov. Gavin Newsom (D-CA) continued his effort to contrast his state of California with Florida and Texas with a letter to counties and school districts on Thursday. Newsom warned schools against removing materials from classrooms and libraries and said that those who do ban books will be asked to provide communications, policies, and other documentation with the state.
“In the first half of this school year alone, 1,477 books were banned nationally, with teachers and librarians threatened with prison time for shelving the wrong book,” said Newsom, Attorney General Rob Bonta, and State Superintendent Tony Thurmond in a statement. “As state leaders elected to represent the values of all Californians, we offer our response in one shared voice: Access to books – including books that reflect the diverse experiences and perspectives of Californians, and especially, those that may challenge us to grapple with uncomfortable truths – is a profound freedom we all must protect and cultivate.”
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In the letter sent to all county school superintendents, district school superintendents, and charter school administrators in the state, he cautioned schools against removing any materials.
The men claim that removing any materials from curricula, libraries, or classrooms may be at odds with the Constitution, which they say restricts such actions.
“Freedom of speech includes the right to receive information and ideas, including those that are controversial, unpopular, or offensive to some,” they wrote, citing the Supreme Court case Tinker v. Des Moines Independent Community School District, wherein former Democratic Justice Abe Fortas delivered the majority opinion. “It can hardly be argued that … students … shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” he wrote.
According to the California officials, “Curricular decisions must be based on legitimate pedagogical interests and not an attempt at ‘rigid and exclusive indoctrination’; ‘to prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion’; or because of ideological opposition.” They cited first amendment cases McCarthy v. Fletcher and Monteiro v. Tempe Union High School District.
The men further refer to book removals as the “suppression of ideas,” which they note to be impermissible by the Constitution.
Newsom, Bonta, and Thurmond go on to explain why the exposure of students to various worldviews is “vital” to their development. They also write that local educational agencies are required by California Education Code to uphold the First Amendment rights of students by instructing them on “the role and contributions of both men and women, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups” to the development of California and the United States and “the role of these groups in contemporary society.”
If counties or districts are found to have removed materials, the letter warns that they may be contacted for documentation. In these cases, the attorney general’s office may request all policies regarding the First Amendment and freedom of speech, instructional materials and their assessments, the removal of materials, any communications related to removals, and any complaints against materials.
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Newsom calls out Texas and Florida specifically in the Thursday letter.
Florida and Texas have both notably taken steps to strengthen the rights of parents in their states and restrict young students’ access to sexually explicit materials.