Tag: civil rights act

April 25, 2024 by John Chrastka

Fighting Public School Book Bans with the Civil Rights Act

The First Amendment is a crucial defense against book bans, particularly those targeting LGBTQ+ stories, critical race theory, and BIPOC authors. However, schools often navigate around these protections through "educational discretion." Beyond the First Amendment, the Education Amendments to the Civil Rights Act's Title VI and IX provide avenues to challenge bans based on race and sex discrimination. A notable case in Georgia's Forsyth County School District demonstrates how these civil rights statutes can combat bans, offering a more direct path to restoring banned books. This approach highlights the importance of considering discriminatory impacts over intent in the fight against book bans, providing a potentially more effective strategy for upholding students' rights to information.