With the Banned: School Book Bans Defy Domestic and International Values

related to sexual orientation or gender identity' in grades K-3." 4 Many of these bills have introduced potential sanctions for teachers and school employees who have "obscene" texts in their library or classrooms. 5Around twenty-seven recently introduced bills throughout the United States could eliminate protections put in place for teachers and other school employees who provide certain texts in their class and libraries to encourage discussion and guided, safe educational exploration of anatomy, sex education, art, literature, and more. 6 Many of these proposed bills include provisions with the surface-level goal of protecting children from potentially harmful literature, "but in reality would ban books containing things like 'profane language' (e.g.HB 3826 in South Carolina), or 'depictions of gender identity' (e.g.HB 1205 in North Dakota)." 7This Note argues that thinly veiled discriminatory legislation is still unconstitutional and against both domestic and international values, even when hiding behind the auspicious goal of protecting children.This is not to say that book banning is only a current trend in the United States.Internationally, many countries have issues with censoring literature and policing the kinds of information their citizens can access. 8Some of these countries have adopted human rights treatises which center on the right to freedom of expression, information, and, implicitly, the right to read. 9However, as this Note will discuss later, international treaties often fall short of the mark and these issues remain untouched by ratification. 10he number one reason for books being challenged or banned, as of 2020, was sexual content, followed by offensive language. 11For purposes of today's society, the term "obscene" generally encompasses both sexuality and profanity, and the United States has a long history of censoring and policing "obscene" literature and media, as this Note will discuss in Part III, Section A. This Note will analyze recent domestic legislation, both proposed and enacted, specifically concerning childhood education and literature and analyze them under both the First Amendment and under international law, arguing that these bills and laws cannot be supported by either.This Note maintains that the recent legislation over-broadens and abuses the concept of the United States' obscenity laws as an attack on the public education system's right to provide literature for children and young adults that contains -------------