Members of the Kanawha County Board of Education:
On behalf of the American Civil Liberties Union of West Virginia (ACLU-WV), I want to thank you for remaining true to the bedrock principle of freedom.
We are aware that you have faced regular demands from a local group who have decided they should be the final say on what material is appropriate for my children, your children, and everyone else’s children.
I want to remind you that while these voices may be the most vocal in recent meetings, they represent a minority viewpoint. A June 2023 NPR/Ipsos poll found that only 21% of respondents supported school boards removing books.
However, this is an issue that goes far beyond what the polls say.
What these agitators are requesting is nothing more than censorship. And in our country, where freedom of expression is one of our most basic rights, there is a very high bar to censor speech and expression. Even when it comes to limiting audiences because of supposed “obscenity”, the bar is high. The mere fact that material may discuss sexual themes or contain nudity does not make it inherently obscene. Material must be intended to appeal to prurient interests – that is, the main purpose must be to titillate or excite sexual desire. It also must have no artistic, cultural, or scientific value.
There can be little doubt that the books that have drawn the ire do not rise to this level. Sexual excitement is not the primary purpose of any. Many are award-winners. Others are educational – even if some people would prefer we do not educate about the human body or human functions.
I am sure you are aware that these issues have been raised around the country, driven by demagogues, eager to stir up controversy where none existed. Much of this is a backlash to growing social and legal recognition of different sexual orientations and gender identities. And a disproportionate number of the books that are targeted contain LGBTQ characters and themes.
This is not the first time there was a backlash to the content of educational material in schools in response to social change.
The Kanawha Text Book Wars were half a century ago. The people lobbing bombs were wrong then. The people arguing against inclusive education were wrong then. And they are wrong today.
You have a moral and legal obligation to ensure our schools are safe, supportive, and inclusive for all students. Including those who are lesbian, gay, bisexual, transgender, or just questioning.
Providing representative literature, and accurate information is one important component of doing that.
So again, thank you for standing resolute for freedom and an inclusive school environment.
Sincerely,
Eli Baumwell
Advocacy Director, ACLU WV