I know Florida, Texas, and other counties have tried and succeeded to ban books, I wonder how that is even legal since we have the first amendment. I tried doing research on this since Huntington Beach is banning books and people were petitioning against that at the main library.

I made a little post asking people to petition on the Orange County sub.

  • humorlessrepost@lemmy.world
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    5 months ago

    They’re not banning you from selling, buying, owning, or reading the book, so it’s not an obvious first amendment issue.

    They’re creating policies for which books various government institutions can use tax money to buy and make available.

    They just happen to be targeting books that recognize the existence of minorities, which is shitty.

      • humorlessrepost@lemmy.world
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        5 months ago

        This is a school district not renting space at the school to a non-profit that intends to distribute the books. That’s a problem. The same thing happened to the after school Satan club. But framing it as “banning you from owning those books” doesn’t seem honest.

        It’s plenty bad when publicly owned rental space is denied to some renters based on viewpoint discrimination. I hope they win their lawsuit. There’s no need to equate it with police raiding houses to confiscate books and arresting bookstore owners.

        • gedaliyah@lemmy.world
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          5 months ago

          Yeah, this looks like a procedural issue.

          I’d guess that the district was looking for a reason and found this violation of their procedures to deny the space as an excuse. There’s a chance that the lawsuit exposes some messeges or emails that reveal the true intention.

  • radix@lemmy.world
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    5 months ago

    Bans often rely on the obscenity exception to the 1st Amendment:

    https://constitution.findlaw.com/amendment1/first-amendment-limits--obscenity.html

    SCOTUS has never given a clear, well-defined, repeatable test to say exactly what “obscenity” even means, so local jurisdictions are free to push the envelope.

    If that sounds like a pile of bullshit waiting to be exploited, yes, and that’s exactly why we’re seeing this happening.

    • pearsaltchocolatebar@discuss.online
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      5 months ago

      It’s not a 1A issue, though. The government isn’t restricting your ability to purchase or own the book, they’re just saying it can’t be used in schools.

    • Fubber Nuckin'@lemmy.world
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      5 months ago

      I wish there was no obscenity exception. I think all media deserves to exist regardless of its obscenity as long as it’s not directly harming someone (like certain types of porn for instance)

      • Kimano@lemmy.world
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        5 months ago

        The problem is the obscenity exception is also used for things like preventing someone from walking around a public park with a giant sign covered in gore porn. Something like that I think is obviously pretty okay to ban, but clearly it gets misused for a lot of homophobic/transphobic type stuff.

        • humorlessrepost@lemmy.world
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          5 months ago

          walking around a public park with a giant sign covered in gore porn

          anti-abortion protesters have entered the chat

          Just need to have a case for it being a political statement.

  • schnurrito@discuss.tchncs.de
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    5 months ago

    Most of these bans are not about banning those books in general, they are about not making them available in schools or public libraries. The government can decide what to promote in its own institutions. People can still get those books from elsewhere: they can buy them online or in physical bookstores.

    • NιƙƙιDιɱҽʂ@lemmy.world
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      5 months ago

      Isn’t that kind of the problem, though? A private organization can certainly censor themselves as they see fit, but the US government should not, no?

      • schnurrito@discuss.tchncs.de
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        5 months ago

        There’s a limited amount of space for books in schools and public libraries, so they have to make some decisions what to have in them and what not.

        Also I think this is mostly being done by state governments, not the US (federal) government.

  • randon31415@lemmy.world
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    5 months ago

    As long as they don’t come for internet access, kids can get around book bans with things like Libby.

    What’s that? Republicans are proposing an internet book ban bill call KOSA? Well good thing we have divided goverment. It will never pass.

    Wait? Biden is supporting it? Well, that doesn’t mean… wait, Elizabeth Warren is a cosposonser? Wtf?

  • corvett@lemmy.world
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    5 months ago

    There’s a difference between a book being

    • banned from curriculum
    • banned from a school library
    • requiring parental / guardian permission to be checked out (usually for x rated content)
    • being outright “banned”
        • DragonTypeWyvern@midwest.social
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          5 months ago

          That is what the idea of human rights liberals profess to believe in necessitates, yes.

          What those rights are, exactly, might be debatable, such as the difference between freedom of religion and freedom from religion, but you do believe in human rights, don’t you?

          Edit: that’s a “No” I take it.

          Thus, the lack of trust, and continued comments on what happens when liberals get scratched.

          • Nibodhika@lemmy.world
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            5 months ago

            Of course I believe in human rights, but I also think there are limits to it. And you didn’t answer my question, what right do you believe should be unrestricted?

            • DragonTypeWyvern@midwest.social
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              5 months ago

              Freedom from religion. The right to clean food and water. The right to self defense. The right to attempt escape from imprisonment. The right to a fair trial. The right to life, liberty, and security of person. The right of the abolition of slavery in all forms.

              Feel free to argue that last one, btw, liberals love to carve out exceptions to it.

              • Nibodhika@lemmy.world
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                5 months ago

                Freedom from religion.

                You’re not entitled to be free from people practicing their religion near you, e.g. you don’t have the right to not have churches in your block

                The right to clean food and water.

                You can’t invade someone’s property to get food and water.

                The right to self defense.

                A juri needs to agree self defense was required, you can’t kill someone because you thought he was going to do something to you without evidence of it.

                The right to attempt escape from imprisonment.

                That’s not a right most countries even recognize, in fact it is a crime on most countries to attempt to escape imprisonment, even if you are wrongfully detained by the state.

                The right to a fair trial.

                Fair is very relative, people get injustly put away constantly, just as much as guilty people are not. Even if we had 100% certainty on the conviction, people would disagree on the penalty, to some it’s not fair that a person who killed others gets to keep living, while to others it’s unfair that someone should be sentenced to death regardless of their crime. While I believe that this is the hardest one to answer of your points it is so because the word fair is very subjective, what if my idea of a fair trial is so different from yours that we can never conciliate both? Whose idea of fair trial is the one that gets implemented? Certainly the other will believe the trial was not fair.

                The right to life

                Unless you try to kill someone and he defends himself

                liberty

                Unless you commit a crime

                and security of person.

                Again, unless you threaten someone

                The right of the abolition of slavery in all forms.

                That’s another wording for freedom, by several metrics, prisoners are slaves.

                None of those are unrestricted, which is what the original person said.

              • ulkesh@lemmy.world
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                5 months ago

                Not one of those do liberals have anything against – and in fact, much of which is championed by liberals. You are either trolling or are completely and utterly deluded with some kind of brainwash that makes you think you’re somehow not a liberal.

                Every single conservative I know and have heard/read is quite against freedom from religion, quite against the right to clean food and water, quite for imprisonment of criminals even in a case as small as owning a marijuana plant, are quite happy to scowl at what they consider unfair trials (see: every conservative talking head about Trump’s trials), and are quite happy to “own the libtards” by depriving them of life, liberty, and security.

                So, maybe you should take a long hard look at what it is you really believe in, because you’re more liberal than you think.

  • ryathal@sh.itjust.works
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    5 months ago

    The first ammendment isn’t unlimited there are a fair amount of restrictions. The ones that are allowed follow strict scrutiny, which is basically a two part test. There must be a compelling state interest, AND the law must use the least restive means possible to achieve that interest.

    Most these book bans likely don’t meet that standard. They are allowed to exist because they are considered valid until ruled otherwise. To overrule these bans it would be required for someone to have standing that they are materially harmed by the ban. This is how most bans will stay, as proving someone has standing is pretty difficult in this case.

    • humorlessrepost@lemmy.world
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      5 months ago

      They’re also not banning the books, so there’s that. At least not in the sense that would require strict scrutiny in the situation OP is talking about.