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  March 2005 | Volume LIV | No. 2    
 

Norwood, Colorado | Richmond, Illinois | Arlington, Texas | Houston, Texas | Overland Park, Kansas | Blue Springs, Missouri | Beaverton, Oregon | Cookeville, Tennessee | Loudoun County, Virginia | Fullerton, California | Lilburn, Georgia | Clinton, New York | New York, New York | Washington, D.C., see also (b) | Birmingham, England

Norwood, Colorado

Norwood Schools Superintendent Bob Conder apologized to students, parents, staff and residents February 4 for pulling about two dozen copies of the book Bless Me, Ultima, by Rodolfo Anaya, from a freshman English class. But fifteen to twenty students still staged an all-day sit-in in the school gym, taking turns reading from the book, which has been recommended by first lady Laura Bush and was selected last year for Mesa County's community-read project, to protest Conder's actions.

“We stayed all day to prove the point and say it won't happen again,” said freshman Skyler Hollinbech. “It was a violation of our rights.”

Conder said none of the students who demonstrated would be punished or counted as absent from class, and he offered to personally pay for repurchasing the books if a new committee to review content approves the book's reinstatement.

Students had planned to start the sit-in at 8 a.m. but the time was pre-empted by Conder, who called a school assembly. Hollinbech said Conder talked to the students and then took questions—“and I'm glad he did, even though tempers flared.”

The dust-up over the book, a critically acclaimed novel about coming of age in the Chicano culture, began about two weeks earlier when two parents, John and Rhonda Oliver, complained about profanity in the book. In response, Conder confiscated all of the copies of the book from the ninth-grade English classroom and gave them to the couple, who “tossed them in the trash,” John Oliver said.

“We put them in the trash can and it goes to a landfill,” Oliver said. “It was just our way of knowing it would
be gone.”

In his letter, Conder apologized for pulling the book “without enough information on the content of the book,” without reading it himself and without reading the school board's policy regarding controversial issues. That policy, Conder wrote, calls for “consideration . . . of a fair and balanced presentation of each of the major aspects or sides of the issue.”

He said he has created a “broad-based” committee to review the policy on teaching about controversial issues, to review current curriculum and to make recommendations. That committee, he said, will be asked to review Bless Me, Ultima.

A copy was left in the school library after the others were tossed for students “who choose to read it,” Conder said.

Stephanie Adams, a sixteen-year-old sophomore, said she was glad Conder met with them “even though he was dodging our questions. He wrote an apology and we appreciate that. We're going to get Ultima back,” she said. “If we don't, we'll take it from here.”

The book's author, Rudolfo Anaya of the University of New Mexico, said that the freedom of democracy is learned in school systems. “Parents have the right to monitor what their children read; however, they do not have the right to tell others what they can read,” he said. “That is un-American, undemocratic and uneducational.”

“I have hundreds of letters from students from all over the country who have been moved by this book. I would love to go to Norwood with my box full of letters,” Anaya added. The book has been banned before, Anaya said.

President Bush awarded Anaya the National Medal of Arts in 2002. First lady Laura Bush has listed Bless Me, Ultima as ninth on a list of twelve books that she highly recommends.

Reported in: Denver Post, February 3; Rocky Mountain News, February 5.


Richmond, Illinois

Nippersink Public Library board members decided January 11 to keep the controversial DVD Happiness on the shelf but limit its access to adults older than eighteen. Trustees voted, four to two, after a discussion where audience members freely offered their opinions.

The film was at the center of a controversy about freedom of speech versus protecting children from obscene materials since a library patron requested its withdrawal in July. Happiness contains pedophilia, rape and masturbation themes, but also is critically acclaimed.

Trustee Greg Cryns urged the board to vote on the film's status rather than wait for the library attorney's legal opinion. “I don't want to pay our attorney five hundred dollars to give us his opinion,” Cryns said. “Let's just put it to a vote.”

Trustee Linda Geng said she conducted a poll of the residents of Orchard Bluff subdivision in Spring Grove. “From the people I spoke to there was nobody who wanted to pay for NC-17 materials with their tax dollars,” she said.

Secretary Adam Metz made the motion to keep the film but limit its access. Several board members paused for up to a minute and breathed deeply before casting their vote.

Geng and Trustee Sandra Alldredge voted against the motion. Trustees Cryns, Robert Johnston, Metz, and Vice President Carol Hanson voted for it. President Don McCurry was absent.

“Finally,” muttered an audience member after the motion passed.

The board did not discuss how the library will enforce the age restriction, but Metz said the restriction should not apply to interlibrary loan patrons.

“If you send it to another library,” he said, “they can do what they want to do.”

Reported in: Northwest Herald, January 12.


Arlington, Texas

Interim City Manager Fred Greene canceled the showing of a movie with sexual overtones January 21 that the Arlington Public Library had planned to show at its independent film festival. Falling Angels, based on a novel by a Canadian writer, contains female nudity, sex scenes, adultery, adult language and situations, incest overtones and unwanted pregnancy.

The library had been planning to launch an independent film festival at the George W. Hawkes Central Library with three movies scheduled from January 29 through March. The other two films, Buddy and Witnesses, were being reviewed.

“The film has been pulled,” Arlington Mayor Pro Tem Ron Wright said. “The librarians were given strict content guidelines by Greene, which are based upon the information that if a film cannot be shown to someone under seventeen, then it would not be appropriate for the city libraries of Arlington.”

The Canadian film was released in U.S. theaters October 31. It was not rated by the Motion Picture Association of America. However, a recommendation on the back cover of the video says it should not to be shown to people under seventeen.

Adults-only films have never been shown at the Arlington libraries, said Starr Krottinger, public services administrator for the Arlington Public Library System. Reference librarian Linda Seitz said that she previewed half of Falling Angels and is aware of the content. The films were aimed at college-age people, she said.

Library patron Carlos Medina, twenty-three, of Arlington said the library wasn't the place for the film. “There are plenty of other places to see that kind of stuff,” Medina said. “They don't have to show it at the library.”

The film is no longer available for checkout.

Reported in: Fort Worth Star-Telegram, January 25.


Houston, Texas

On January 6, Houston Mayor Bill White ordered city librarians to keep How to Make Love Like a Porn Star, by porn movie star Jenna Jameson, behind the counter. “I mean, I don't think we need books like that in the library,” White said.

Somebody perusing the bestseller shelves at one city library spotted the X-rated book on prominent public display and contacted his city council member. “For me, it doesn't matter what my personal opinion is on these types of books. This issue is about how we display it and promote it and how we protect our children from these types of books,” said Houston Councilmember Pam Holm.

During a City Council meeting January 7, Holm demanded that the Robinson-Westchase Library branch in her west Houston district remove the book from its best-seller display at the front of the library. The library system is reviewing not just this particular book, but also its policy on how and where books are displayed in city libraries.

“Customers generally expect us to have books that are on the bestseller list. So they come in expecting that we'll have it,” said Sandra Fernandez, library spokesperson. In fact, shortly after White's decree every copy of the book was checked out of every city library in Houston.

Reported in: KHOU-TV, January 6; Houston Chronicle, January 7.

 

Overland Park, Kansas

The American Civil Liberties Union of Kansas and Western Missouri is joining the fight to oppose the organization determined to get fourteen books stricken from the curriculum in the Blue Valley school district. The Citizens for Literary Standards in Schools (referred to as ClassKC) submitted a petition to the school board In January with five hundred signatures asking for the removal of the books primarily because of vulgar language and sexual explicitness.

The ACLU held a meeting February 7 to get a sense of public opinion regarding the issue and to lay out battle strategies to oppose ClassKC's initiative. The Olathe branch of the National Association for the Advancement of Colored People as well as the Prairie Village-based MAINstream Coalition, which brings with it a host of other organizations, are also joining the fight, it was announced at the meeting.

Chekasha Ramsey, legal coordinator for the ACLU, said the petition submitted to the school board by ClassKC was denied, but that it was only because they did not follow the correct procedures. Dick Kurtenbach, executive director of the ACLU said, “It is certainly not over. It is nice to have a school board that is committed to its policy and is committed to the judgment of its teachers in assigning curriculum materials.”

Jason Miller said that in speaking with school board president, John Fuller, he got the impression the school board is intimidated by this issue. “They are a little bit concerned about the impact this could have as far as future elections,” Miller said. Three board seats in the Blue Valley school district will be up for grabs in the April 5 general election.

However, Fuller said reproduction of his comments may have been a fabrication, saying, “I did say that there is not one board member who wants to remove the books in question unless there is an educational reason to do so, but if one of those books does not comply with our approved curriculum or our revised policy 4600, I'll support the book's removal since that is the way the system should work. We must let the educators select the books based on our curriculum and policy 4600.”

Fuller added it is important for everyone to remember the policy in place, and that books may or may not be removed after being filtered through policy 4600, which requires learning resources to meet certain criteria. The relatively new policy, implemented last September, has not been used to filter all the books currently included in the curriculum, as Fuller noted in the January board meeting.

Norm Ledgin, a Blue Valley parent, said while he has not always been on the side of the school board, public support of the board regarding this issue should be generated.

Caroline McKnight, executive director of the MAINstream Coalition, said, “We feel like there are concerns on both sides of this issue that need to be expressed in a forum outside of the constraints of a school board meeting.”

Blue Valley North High School student Matt Novaria voiced his sense of student opposition to ClassKC's efforts. He mentioned the Web site initiated by Blue Valley North student Kerry McGuire, www.freewebs.com/studentsspeakout. Novaria said students have circulated a petition at school, and individuals can sign a petition via McGuire's Web site.

“I am aware of close to one hundred fifty to two hundred signatures, but that is just within the Blue Valley North community, and I think if we spread the word, then a lot more people would sign it,” Novaria said of the petition circulating the school.

Henry E. Lyons, president of the Olathe branch of the NAACP, said, “I would really like to work with the kids who are against this censorship also because they are the ones ultimately who will be reading or not reading the books.” Ledgin agreed, saying, “We should support the student efforts as much as possible.”

Stephen Booser said, “I am mostly interested in how to stop (ClassKC). I am not interested in how to talk to them or to explain this stuff to them. I want to find out how to stop them particularly if they become successful in petitioning to get books removed from the curriculum.”

“We have never been shy to file lawsuits in cases of censorship,” Kurtenbach said. “We wouldn't hesitate for a second if this talk somehow becomes part of the school's policy.”

Reported in: Johnson County Sun, February 13.


Blue Springs, Missouri

Parents who want the Blue Springs school board to remove The Giver, by Lois Lowry, from the middle-school reading list are questioning the appropriateness of the entire reading curriculum. Board members will make their final decision in March on whether Blue Springs students will continue to read The Giver.

Board members were given the book to read in December. Since then, they said, they have talked with district administrators, students and other parents about the book but have not made up their minds.

“I'm viewed as a pretty conservative guy,” member Dale Walkup said. “This is a very diverse board with diverse ideas. I'm sure this whole thing will get pretty well picked apart before it is all said and done.”

While they are waiting to hear from the board about the fate of Lowry's book, the parents who brought the challenge are putting together a book list of their own. Going on their list are books that are a part of the curriculum, but which they say are inappropriate for children.

“Books—from elementary up—that if they were made into movies would be rated R,” said Eileen Casper, a parent who has spoken against the The Giver as a book for middle school children. “Just by having several children in the schools we see what they are reading. They (school officials) call this curriculum critical thinking. It has a repetitive theme of violence and killing, euthanasia and sex.”

The Blue Springs book challenge began in the fall of 2003. That's when Casper, parent Cerise Ivey and several other parents asked the district to re-evaluate Lowery's book as suggested reading for eighth-grade students. The Giver was written primarily for middle-school-age children, published in 1993. It is included on the American Library Association list of the one hundred most frequently challenged books.

The book is about a twelve-year-old boy, Jonas, who lives in a Utopian society intentionally absent of a past. People there have no memories and make no decisions. Memories are stored in one person, the giver, who eventually passes them on to a receiver. Jonas becomes a receiver. Once he gets the memories he knows that people don't just go away. They are murdered, especially the weak such as babies who cry too much and old people. That is when Jonas chooses to leave.

The parents called the book “lewd” and “twisted” and pleaded for it to be tossed out of the district.

A communication arts committee responsible for approving reading lists for the middle and high school grades was the first to hear the parents' challenge. The committee voted to keep the book. Parents appealed to a second committee of communication arts teachers, parents, administrators and students who reconsidered the book with the group's written objections to it.

The parents who challenged the book said they were excluded from that meeting. The committee recommended that the school board leave The Giver on the list. Because they were not allowed in the second meeting, Casper and the other parents who brought the challenge in the first place said they think the district violated open-meeting laws. Casper said the group members have sought advice from an attorney regarding their right to have been present when the committee reviewed objections.

Tom Rodenberg, an attorney for the district, said the district denies excluding the parents from the meeting.

Regardless of the school board's decision on The Giver, Casper said her group would continue to challenge it and other books. She said the Blue Springs parents have received advice from some parents in the Blue Valley School District who developed a Web site listing many books they find unfit for children.

“We might as well examine the whole curriculum,” Casper said. “And we have considered starting our own Web site, too. This is not going to just go away.”

Reported in: Kansas City Star, February 9.


Beaverton, Oregon

When Julie Herbison read a vivid description of a “Vegas-style friction dance” in a book her sixteen-year-old son brought home from his tenth-grade American Literature class, she was sure his teacher had not read the book herself. She was right. Lisa Pace, an English teacher at Southridge High School, had not read Bringing Down the House, one of five books students were allowed to pick among for a book-group project. Nor was Pace obligated to read the book before assigning it, according to Principal Amy Gordon, because the book was not required reading.

Herbison thinks that's wrong. “Teachers need to know what they're assigning,” said Herbison, who filed a formal challenge asking the district to ban the book. “Teachers need to have read the book.”

District officials say they agree; a teacher is expected either to read a book used in the classroom in advance or ask a librarian to evaluate its suitability. But it wasn't until officials investigated Herbison's complaint that they learned some teachers and administrators are not familiar with the district's policies for vetting supplementary material. The School Board approves most books used in the classroom, but teachers can independently select “supplementary material” if it is used infrequently. That was the case in Pace's American literature class, where students choose a book to discuss in a small group.

The policy “has been unevenly distributed and applied—and even known about—throughout the district,” said Sarah Boly, assistant superintendent for school improvement.

The policy is based on a narrow set of guidelines governing the use of PG and PG-13 rated films that has not been updated since 1994. The district has not issued any further guidance on how teachers should select supplementary material, which could include novels, magazine articles or movies.

District administrators are drafting a new set of standards for supplementary material and will present their recommendations to the superintendent and administrators in January, Boly said.

Bringing Down the House, by Ben Mezrich, is a loose retelling of the exploits of six students at the Massachusetts Institute of Technology who employ elaborate card-counting techniques to win $3 million at Las Vegas blackjack tables in two years. It contains profanity and abundant references to prostitution and gambling. It's also No. 18 on The New York Times' paperback nonfiction bestseller list.

Herbison's objections went beyond the book's content. “We challenge the processes and procedures that led to the adoption of the book as a required assignment,” she and her husband, Dan, wrote in a letter to Gordon, the principal.

Pace did not actually pick Bringing Down the House or the other four books. She asked students to interview adults about books they would recommend to young adults, then present one suggested book to the class after reviewing it for “school appropriateness.” After listening to the presentations, the class winnowed the list of presented books down to six.

David Herbison and five other students picked Bringing Down the House and took it home. That's when his mother, bored and nursing a headache, picked it up and read it straight through. “I just keep reading, and I keep thinking, ‘What is this? What have they sent home?'“ Herbison recalled. “And it just keeps getting worse.”

The next day she confronted Pace, who acknowledged that she had not read the book, according to Herbison.

Pace and the school's vice principals initially considered confiscating the books from students and assigning them to other books groups, according to a draft of a note the school later sent to parents. That would have violated district policy, which prohibits responding to complaints about instructional material by dropping the material. Instead, administrators sent a note home with students in mid-October, requesting their parents' permission to continue reading the book. Pace also called parents to relay more details about the book's potentially objectionable content, according to Gordon.

All six students reading Bringing Down the House received permission to finish the book, except David Herbison, who ended up reading Dune, by Frank Herbert. Other teachers at Southridge also ask students to complete similar assignments and generate reading lists, Gordon said. Last year, when Pace asked students to complete this assignment she appears to have sent notes home informing parents of their children's selections before students began reading the books, according to Pace's home page on the district's Web site.

It is unclear why Pace did not notify parents of the book choices in advance this year. Boly, former principal of Southridge, said many high school principals were unaware of policies on supplementary material, partly because so many of them are new to their positions or to the district.

Following Herbison's formal complaint, a committee will review Bringing Down the House, and judge the book as “a whole and not on passages taken out of context,” according to administrative regulations.

Herbison listed “increased curiosity about gambling and pornography” and “ideas on how to smuggle (things) past security” as possible consequences of reading the book.

And the opinion of the boy whose curiosity about card-counting ignited this debate? Of his teacher, David Herbison said: “She makes class interesting and we learn.”

Reported in: Portland Oregonian, December 16.


Cookeville, Tennessee

A Cookeville High School administrator said Veterans for Peace and a Quaker group can't come back into his school with materials considered “anti-American” and “antimilitary.” The groups planned to go before the Putnam County School Board to claim they're being denied privileges afforded to other organizations, including military recruiters.

The war veterans, some who also belong to the Quaker group, were allowed into the school during a September fair for organizations. They set up a table with books about U.S. wars and offered photocopied fliers and pamphlets from both organizations about the war in Iraq and military careers and alternatives.

Quaker and veteran Hector Black said several students stopped by the table asking questions, and a couple of teachers even thanked them for coming. He said there wasn't any indication of a problem until later that evening when he got a phone call from Principal Wayne Shank.

Shank told Black that some of the groups' materials may be proper for adults, but he thought they were inappropriate for the students. “The information was brought to the attention of administrators because of the influence it may have had,” said Shank, who restricted future visits by the groups. “I felt from a principal's viewpoint that the students were being put into a position that they shouldn't,” said Shank, who restricted future visits by the groups.

Black said Shank specified some quotes in the literature that he objected to, including one from a 1953 speech by President Eisenhower that said, “Every gun that is made, every warship launched, every rocket fired signifies in the final sense, a theft from those who hunger and are not fed. Those who are cold and are not clothed . . . “

Another quote from an unknown author said, “The army that can defeat terrorism doesn't drive Humvees, or call in airstrikes . . . It undermines military dictatorship and military lobbyists. It subverts sweatshops and special interests.”

County School Director Michael Martin said: “Parents found the materials to be anti-American, antimilitary. That didn't come from us. That came from the parents who saw the materials when their kids brought it home.”

Shank said in a phone interview from Cookeville that he couldn't recall everything he found offensive. He said he received a complaint call from a parent a day after the event and made an administrative decision to ban their “offensive materials.”

Shank said he didn't tell the groups that they couldn't come back into the school. He required that all their materials get advance approval, a rule he said also applies to military recruiters.

The principal also said their literature could only be shown in a classroom setting that would allow an opportunity for a “balanced” presentation. Military recruiters and other groups don't face that restriction, the peace activists said.

Veteran Charlie Osburn said his group doesn't understand why military recruiters and others like the Association of Christian Athletes are allowed into Cookeville High School without the same restrictions. His group aims to inform students, he said.

Reported in: Associated Press, February 2.


Loudoun County, Virginia

When two plainclothes Loudoun County sheriff's investigators showed up on her Leesburg doorstep, Pamela Albaugh got nervous. But when they told her why they were there, she got angry: A complaint had been filed alleging that her eleven-year old son had made “anti-American and violent” statements in school.

She was aware of an incident at Belmont Ridge Middle School in which her son, Yishai Asido, was assigned to write a letter to U.S. Marines and responded, according to his teacher, by saying, “I wish all Americans were dead and that American soldiers should die.” Yishai and Albaugh deny that the boy wished his countrymen dead.

Albaugh, a U.S. citizen, and her husband, an Israeli citizen who manages a Leesburg moving company, say the investigators' visit and the school's response were a paranoid overreaction in a charged post-9/11 environment. But law enforcement officials said the terrorist attacks and the Columbine school shootings require them to consider whether children who make threats might pose a danger to their classmates.

Albaugh described her son as a rambunctious student who has long opposed armies of any kind. He refused the Veterans Day assignment and told his teacher that the Marines “might as well die, as much as I care.” Whatever was said, the words had been the source of anguished conferences, phone calls and, ultimately, a day of in-school suspension.

Albaugh thought the whole thing was resolved in school until Investigators Robert LeBlanc and Kelly Poland showed up. What followed, she said, was two hours of polite but intense and personal questioning. They asked how she felt about 9/11 and the military. They asked whether she knows any foreigners who have trouble with American policy. They mentioned a German friend who had been staying with the family and asked whether the friend sympathized with the Taliban. They also inquired whether she might be teaching her children “anti-American values,” she said.

Toward the end of the conversation, Albaugh's husband, Alon Asido, arrived home. Asido said the pair then spent another hour talking to him, mostly about his life in Israel and his more than four years in an elite combat unit there. Before the investigators left, one deputy said their “concerns had been put to rest,” Albaugh said.

“It was intimidating,” she said. “I told them it's like a George Orwell novel, that it felt like they were the thought police. If someone would have asked me five years ago if this was something my government would do, I would have said never.”

Loudoun County Sheriff Stephen O. Simpson confirmed that investigators visited the house. “Whenever there is a complaint that a child in a school is using language that is threatening or with violent overtones, we have an obligation to look into it,” he said. “We can't ignore something like that and have something tragic happen down the road that we could have prevented.”

Simpson declined to comment on details of the complaint or the kinds of questions investigators asked. “If you're looking at what [the school] said he said, I have to think you'd see where we came up with those questions,” he said.

A schools spokesman declined to comment, other than to release, at Albaugh's request, a one-page letter from Yishai's file that explained his suspension.

His parents said the boy's words were those of a confused adolescent, whose views of the world are still being formed. They believe that authorities were called partly because he has a foreign-sounding name and accented English from years of living abroad. The family lived in India, Europe and Israel before moving to the United States in 2000. The couple have four children, with both U.S. and Israeli citizenship, enrolled in Loudoun schools.

Albaugh said that Yishai is not violent and that the school could have used the classroom incident as a “teachable moment,” helping him learn to say what he was feeling in a less offensive manner. Instead, Yishai said he has learned that it is not worth challenging authority. “At the end of the day, you lose,” he said, adding: “All of these freedoms and things they're supposed to uphold, they bash them.”

Georgetown law professor David Cole said Yishai's statement in class is protected by the Constitution. “There's no indication from the student making an anti-American statement that violence to the school would follow,” he said. “The FBI and government officials should be investigating real terrorists, not children who criticize the United States.”

Reported in: Washington Post, December 15.

 

Fullerton, California

When high school journalist Ann Long sent a recent edition of her school's newspaper to the printer, she hoped her profile of three gay students would generate some discussion in the hallways. But she didn't expect to be punished for writing the article.

According to Long and her mother, officials at Troy High School in Fullerton told the senior that she must resign or face being fired from her shared post as editor in chief of the Oracle.

Assistant Principal Joseph D'Amelia, who Long said delivered the ultimatum, declined to comment, deferring questions to Patricia Howell, deputy superintendent for the Fullerton Joint Union High School District. Howell, who wouldn't discuss Long by name, said district and school officials did not object to the story's content. She said Long, eighteeen, was being punished for violating the ethical standards of the journalism class and a state education code that prohibits asking students about their sexuality without parental permission.

“We're not saying there is anything morally wrong with the article,” she said. “Freedom of speech is not at issue. Confidentiality and privacy rights are the issue.”

It is a position that has left Long defiant and legal experts contending that the state law applies to faculty but not students.

“I don't think I've done anything that merits me stepping down,” said Long, who vowed not to surrender her position. “Perhaps I should have called the parents to interview them for the story, but I don't feel like I should have been obligated to get their permission to write it. These students chose to talk to me.”

At issue was a December 17 article that chronicled the decisions of three students—two eighteen-year-olds and a fifteen-year-old—to reveal their homosexuality and bisexuality to family and friends. All three spoke to Long knowing their names would be used.

According to Long, her journalism teacher, Georgette Cerrutti, worked closely with her on drafts of the article for more than a month, at one point discussing with her the impact it might have on the students' families. Long said Cerrutti never told her she needed to get the parents' approval.

Long said she was summoned to D'Amelia's office, where he and Cerrutti admonished her for not seeking the parents' permission. “He told me I either had to resign and make an example of myself for failing to do my job,” Long said of D'Amelia, “or that I would be removed.”

In meetings with Long's parents, D'Amelia and Troy Principal Chuck Maruca reaffirmed the school's stance, Long and her mother said.

Howell said journalism students are taught to be cautious when writing stories that address other students' private lives. She said Long had violated the section of the California education code that requires written parental permission before asking students questions about their or their parents' “personal beliefs or practices in sex, family life, morality, and religion,” as the code states.

“Anytime a school policy or the education code is violated, there obviously has to be some consequences,” Howell said.

Howell declined to comment on whether Cerrutti had told Long of that requirement or whether the teacher had asked to see the parents' written permission.

Experts on the rights of student journalists said the district was wrong to apply that part of the education code to a student. “The school has no right to punish this student,” said lawyer Mark Goodman, executive director of the Student Press Law Center in Arlington, Virginia. “A student has the right to talk about their private life, and a student journalist has the right to report on it. Ultimately, there are some things that are not within a school's right to control.”

Doug Mirell, a First Amendment lawyer in Los Angeles, said that because minors legally could not waive their right to privacy in discussing matters such as sexual orientation, journalists must get a parent's permission. Mirell said it would be up to a parent, and not a school, to complain about the privacy breach.

Goodman and Michael Hersher, a state Department of Education lawyer, said they had never heard of a school trying to apply that section of the education code to a student journalist. They cited another section of the code that places the responsibility on faculty advisors “to maintain professional standards of English and journalism” in school newspapers.

Reported in: Los Angeles Times, January 26.


Lilburn, Georgia

Berkmar High School students opened the school newspaper to a blank editorial page after the school's principal ordered the staff to yank two opinion pieces about a new club for straight and gay teens. Gwinnett County school officials said Principal Kendall Johnson told the staff to remove the editorials because he felt it would disturb students during exam time.

“Mr. Johnson was not going to allow there to be distractions from what they are about teaching and learning,” Gwinnett Schools spokeswoman Sloan Roach said. “The point-counterpoint was inflammatory in nature and could be disruptive.”

The columns were slated for the December issue of the newspaper, the Liberty. The editorials debated whether a student club—the Gay, Lesbian and Straight Society—should meet on school grounds.

Liberty editor L'Anita Weiler, eighteen, said, “I had a feeling it was going to be censored.”

Weiler and student copy editor Kelly Shaul, seventeen, distributed copies of the editorials to Berkmar students after the paper was published. “We wanted to run a censored stamp on the page. But Mr. Johnson censored our ‘censored' stamp, which is pointless,” Shaul said.

The newspaper also wrote a news article about the formation of the club, which was edited by school administrators, Weiler said.

In 1988, the U.S. Supreme Court ruled in Hazelwood School District v. Kuhlmeier that principals were allowed to censor school publications, but First Amendment advocates argue that students should be able to exercise free speech.

“The point is their prediction of disruption has to be based on reasonable facts,” said Mark Goodman, executive director of the Student Press Law Center in Arlington, Virginia. “What the censorship can't be based on is the inclination to silence a particular viewpoint they disagree with or think would be unpopular.”

Reported in: firstamendmentcenter.org, January 18.

 

Clinton, New York

The president of Hamilton College, citing “credible threats of violence,” said February 1 that she was canceling a campus forum whose panelists included a Colorado professor who had disparaged 9/11 victims as “little Eichmanns.”

In a written statement, President Joan Hinde Stewart said that the college had done its best “to protect what we hold most dear, the right to speak, think and study freely,” but that ensuring safety at the event scheduled for February 3 was “a higher responsibility.”

Hamilton, a small liberal arts college in upstate New York, had been inundated with negative telephone calls and e-mail regarding the professor, Ward Churchill of the University of Colorado, who had been invited to partici-pate in a campus discussion on dissent before, Hamilton officials said, the college learned of an essay he had written about the terror attacks of September 11, 2001.

In that essay, Professor Churchill, whose area of expertise involves American Indian rights, wrote that the thousands killed at the World Trade Center had a role in American sanctions on Iraq that “translated, conveniently out of sight, mind and smelling distance, into the starved and rotting flesh of infants.”

“If there was a better, more effective, or in fact any other way of visiting some penalty befitting their participation upon the little Eichmanns inhabiting the sterile sanctuary of the Twin Towers, I'd really be interested in hearing about it,” wrote Professor Churchill, who also described the 9/11 hijackers as “combat teams.”

In earlier statements, President Hinde had said she found Professor Churchill's comments “personally repugnant,” but declined to cancel his visit, saying that “we have a real test of freedom of expression here.” But Dr. Hinde said that threats aimed at both the college and members of the panel had forced her to cancel the discussion to protect “our students, faculty, staff and the community in which we live.”

She did not specify how many threats the college had received, but said information about them had been given to local police. Professor Churchill himself has said that he received many death threats and was planning to update and notarize his will.

On February 1, the interim chancellor of the University of Colorado at Boulder accepted Professor Churchill's resignation as chairman of the ethnic studies department, although he will continue to teach there. The chancellor, Philip DiStefano, said that he had decided that resignation was in “the best interest of the university,” although he acknowledged that traditionally universities “are places where good and bad ideas clash.”

In an interview with a Denver television station, Professor Churchill said his essay, intending to explain foreign animus toward the United States and the motives behind the 9/11 attacks, had been misconstrued. “The overriding question that was being posed at the time was 'Why did this happen, why did they hate us so much?' and my premise was when you do this to other people's families and children, that is going to be a natural response,” he said.

Among those who had protested Professor Churchill's appearance was Gov. George E. Pataki, who told a dinner banquet that there was “a difference between freedom of speech and inviting a bigoted terrorists supporter.”

This was the second recent imbroglio involving a controversial figure invited to Hamilton College. Late last year, a 1960's radical, Susan Rosenberg, was hired as a teacher and “activist in residence” but resigned before coming to the college after widespread protest. Rosenberg served sixteen years in prison for possessing explosives before President Bill Clinton pardoned her in 2000. She was also linked by federal prosecutors to the 1981 robbery of a Brink's armored car in Nyack, N.Y., in which a Brink's guard and two police officers were killed.

Reported in: New York Times, February 1.

 

New York, New York

America's biggest publisher, the New York-based Doubleday, has provoked fierce controversy among families of the victims of the September 11 terror attacks by commissioning an anthology of writing by al-Qa'eda terrorist leaders. The book will contain new translations of polemics by Osama bin Laden and Ayman al-Zawahiri, his al-Qa'eda deputy, including material not previously seen outside the Arab world and which pre-dates the terror campaign.

When news of the deal first broke in the American publishing press, the company said that it had not decided how to use the expected profits from the book. After angry protests that it stood to cash in on the 9/11 attacks, however, Doubleday announced that all the proceeds from the book, which has the working title Al Qaeda Reader, would be given to charity.

Suzanne Herz, a spokesman for Doubleday, said there was no question of making payments to anyone connected with al-Qa'eda. Instead the company is paying just over $100,000 (£53,000) for the rights to a Washington librarian, who is translating and anthologising the two men's virulently anti-Western tracts and tirades.

The decision to publish the book has provoked mixed reactions from those who lost family members in the 2001 attacks carried out by bin Laden's followers. “This can only give publicity to their terrible views and glorify what they did,” said Tracy Larkey, a British mother-of-three whose husband, Robin, died in the attack on the Twin Towers. “At least they have decided to give the money to charity. It would have been unacceptable if they hadn't.”

Jack Lynch, who lost his son Michael, a firefighter, said: “People who promote terrorism are an evil and a cancer in our society. Anything that promotes their agenda shouldn't be distributed in this country.”

Yet Lee Ielpi, whose son Jonathan, also a firefighter, died in the attack, welcomed the book. “Anything the general public can read to emphasise how severe these terrorists are in their threats to destroy us would be beneficial,” he said. “We are becoming complacent as it is.”

For the publishers, Herz said that the book would be an “important insight into the mind of America's greatest enemy” and a “compelling historic document that deserves publication”.

The debate over the Al Qaeda Reader has drawn comparisons with that over Hitler's Mein Kampf. The book is published in America by Houghton Mifflin and profits are given to a fund which backs groups that combat Hitler's views.

Stephen Rubin, the president and publisher of the Doubleday Broadway Publishing Group, which is owned by the German company, Bertelsmann, told The Wall Street Journal: “We firmly believe we're doing a great service to America by publishing the innermost thoughts of our greatest enemy.”

The al-Qa'eda volume will be based largely on two books published in Arabic during the 1990s. The Battle of the Lion's Den is a collection of interviews with bin Laden about the terror network's origins, while Bitter Harvest is al-Zawahiri's justification of jihad (holy war). The material was discovered in the Library of Congress in Washington by Raymond Ibrahim, who works in its Near East Studies section.

The publisher is confident that the terrorist leaders will be unable to claim remuneration for use of their material, since their writings are in the public domain and have been published in Arab countries which have not signed international copyright treaties. “You're not going to see Osama bin Laden coming out of his cave for a check,” said Herz.

Reported in: Daily Telegraph, January 23.

 

Washington, D.C.

The nation's new education secretary denounced the Public Broadcasting Service (PBS) January 26 for spending public money on a cartoon with lesbian characters, saying many parents would not want children exposed to such lifestyles. The not-yet-aired episode of Postcards From Buster shows the title character, an animated bunny named Buster, on a trip to Vermont—a state known for recognizing same-sex civil unions. The episode features two lesbian couples, although the focus is on farm life and maple sugaring.

A PBS spokesman said the nonprofit network haddecided not to distribute the episode, called “Sugartime!,” to its 349 stations. She said the Education Department's objections were not a factor in that decision.

“Ultimately, our decision was based on the fact that we recognize this is a sensitive issue, and we wanted to make sure that parents had an opportunity to introduce this subject to their children in their own time,” said Lea Sloan, vice president of media relations at PBS.

However, the Boston public television station that produces the show, WGBH, did make the “Sugartime!” episode available to other stations. WGBH also planned to air the episode on March 23, Sloan said.

PBS gets money for the Postcards from Buster series through the federal Ready-To-Learn program, one aimed at helping young children learn through television.

Education Secretary Margaret Spellings said the “Sugartime!” episode did not fulfill the intent Congress had in mind for programming. By law, she said, any funded shows must give top attention to “research-based educational objectives, content and materials.”

“Many parents would not want their young children exposed to the lifestyles portrayed in the episode,” Spellings wrote in a letter sent to Pat Mitchell, president and chief executive officer of PBS. “Congress' and the Department's purpose in funding this programming certainly was not to introduce this kind of subject matter to children, particularly through the powerful and intimate medium of television.” She asked PBS to consider refunding the money it spent on the episode.

With her letter, Spellings has made criticism of the publicly funded program's depiction of the gay lifestyle one of her first acts as secretary. She took on the position just one day after, replacing Rod Paige as President Bush's education chief.

In her letter, Spellings asked that her department's seal or any statement linking the department to the show be removed. She asked PBS to notify its member stations of the nature of show so they could review it before airing it. And she asked for the refund “in the interest of avoiding embroiling the Ready-To-Learn program in a controversy that will only hurt” it. In closing, she warned: “You can be assured that in the future the department will be more clear as to its expectations for any future programming that it funds.”

The department has awarded nearly $99 million to PBS through the program over the last five years in a contract that expires in September, said department spokesman Susan Aspey. That money went to the production of Postcards from Buster, and another animated children's show, and to promotion of those shows in local communities, she said. The show about Buster also gets funding from other sources.

In the show, Buster carries a digital video camera and explores regions, activities and people of different backgrounds and religions. On the episode in question, “The fact that there is a family structure that is objectionable to the Department of Education is not at all the focus of the show, nor is it addressed in the show,” said Sloan of PBS.

But she also said: “The department's concerns align very closely with PBS' concerns, and for that reason, it was decided that PBS will not be providing the episode.” Stations will receive a new episode, she said.

Reported in: Associated Press, January 25.


Washington, D.C.

Al-Manar, one of the most popular television networks in the Arabic-speaking world, has been removed from U.S. airwaves after the State Department designated it a supporter of terrorism. State Department officials placed the satellite television network, run by the Lebanese militant group Hezbollah, on its Terrorist Exclusion List December 28 because of what they described as its incitement of terrorist activity. The designation means foreign nationals who work for the network or provide it any support can be barred from the United States, officials said.

“It's not a question of freedom of speech,” State Department spokesman Richard A. Boucher said. “It's a question of incitement of violence. We don't see why, here or anywhere else, a terrorist organization should be allowed to spread its hatred and incitement through the television airwaves.”

Al-Manar is protesting the designation, saying on its Web site that banning it was an attempt “to terrorize and silence thoughts that are not in line with U.S. and Israeli policies.”

The U.S. action had the effect of banning al-Manar in the United States, where its programming had been beamed via GlobeCast, a company that sells access to foreign television programs by satellite. “As of Friday last week, that channel is no longer on the satellite,” GlobeCast spokesman Robert Marking said.

Some Arabic-speaking Americans expressed frustration with the State Department's action. Osama Siblani, publisher of the Arab American News, a newspaper in Dearborn, Michigan, said al-Manar is popular in this country in part because of its strong support for “resistance against Israeli occupation.”

“I disagree with the State Department that it incites violence,” he said. “By that standard, they should shut Fox News for inciting violence against Muslims.”

Earlier in December, French officials prohibited the network from broadcasting in France, citing what it called al-Manar's anti-Semitic content and appeals to violence. French officials cited al-Manar programs reporting that Jews spread AIDS around the world and that they seek children's blood to bake into Passover matzoh.

A radical Lebanese political party that was formed in 1982 to represent Shiite Muslims, Hezbollah has been designated a terrorist organization by the U.S. government for years. Its military wing, funded by Iran and dedicated to the destruction of Israel, is widely admired in the Arab world for forcing Israel from southern Lebanon in 2000. Hezbollah also funds schools and hospitals in Lebanon.

Al-Manar airs a wide array of programming, including children's shows and soccer games. It heavily covers events involving the Palestinians, and it shows militants setting off explosives and shooting at Israelis and American troops, often to musical accompaniment. “Al-Manar often juxtaposes sacred Islamic text with images of ‘martyrdom' to incite its viewers to support and even carry out acts of terror,” according to a recent report by the Washington Institute for Near East Policy, a pro-Israel think tank. “Potential bombers are implored to focus their attention on the afterlife and on Judgment Day ‘instead of getting preoccupied with our lives on earth.'“

Reported in: Washington Post, December 29.

 

Birmingham, England

In the few days since a drama company in the Midlands canceled the run of a contentious play in the face of violent religious protests, British theater has been grappling with a range of uncomfortable and unusual questions about censorship, freedom and faith. The cancellation, by the Birmingham Repertory Theater, challenged Britain's four hundred thousand Sikhs to contemplate the distinctions within their ranks as values change, separating a conservative old guard of immigrants from a newer generation born and reared in Britain. And the episode posed a near-unanswerable question for liberal-minded British theatergoers: what counts more, their commitment to free speech or their commitment to minority rights? Indeed, what kind of a society permits a mob to silence artistic expression in the first place?

“I think it's one of the blackest days for the arts in this country that I have ever experienced,” said Neal Foster, the manager of another theater, the Birmingham Stage Company. “Violence is not part of the process we are used to. In the short term the thugs have won, and this has never happened before in the artistic community.”

The furor centers on a play by Gurpreet Kaur Bhatti, the British-born daughter of Sikh immigrants. Her latest work, “Behzti” (“Dishonor”), used a Sikh temple as the setting for a harrowing scene in which a young woman is beaten by other women, including her own mother, after being raped by a man who claims to have had a homosexual relationship with her father.

As the play was being performed on December 18, hundreds of Sikh protesters attacked the building, throwing bricks, smashing windows and fighting with police. Citing the threat of further disruptions, the theater canceled the run, which started December 9, but that was only the beginning of a much broader drama.

In the midst of this impassioned debate, Bhatti went into hiding, fearing for her life after death threats. The situation evoked comparisons with the fatwa by Ayatollah Ruhollah Khomeini in 1989 that sent the writer Salman Rushdie into hiding following the publication of his Satanic Verses, a novel the Iranian authorities regarded as insulting to Islam.

“This is the Sikhs' Rushdie affair,” said Gurharpal Singh, a professor of interreligious studies at the University of Birmingham. “There are overtones of religious censorship and the clash between community norms and liberal society.”

The soul-searching has become even more tangled because the staging of “Behzti” intersects with another discussion in Britain over a new law that would make incitement to religious hatred a crime, in effect extending earlier legislation that outlawed incitement to racial hatred.

In some ways it is all the more perplexing that the incident should have taken place in Birmingham, England's second city, which has managed to achieve an ethnic balance with a large minority of people from an Asian background, most of them Muslims. Not only is Bhatti, the playwright, a Sikh, but so were several members of the cast.

The play's setting infuriated Sikh protesters, who argued that acts like rape and brutality could never happen in the sanctity of a temple. Sikh leaders labeled the drama an insult to their faith, which has some sixteen million adherents. The religion, founded in the fifteenth century, is rooted in the Punjab region of India and has spread in a million-strong diaspora to Britain, Canada, the United States and other countries.

The play itself, with themes like arranged marriage and the clash of tradition with modernity, drew mixed reviews. It was advertised as a black comedy, but the Birmingham Evening Mail said that “what begins as a sharp and black look at a modern family dilemma sinks beneath its own weight.” By contrast, the Birmingham Post called the play—Bhatti's second after a 2001 work, “Behsharam” (“Shameless”)—gripping and essential.”

Whatever the faults and merits, though, they were lost in a debate that made headlines in British newspapers and on radio and television shows, and raised profound concerns about the consequences of, as some saw it, caving in to violence.

In the future, “theaters will not want to take the risk” of staging provocative works, said Foster of the Birmingham Stage Company. “It doesn't just affect theater. What about controversial books, art galleries, paintings?”

But many Sikh representatives argue that the issues have been misunderstood. Harmander Singh, a spokesman for the advocacy group Sikhs in England, said concerns about the setting of the play had gone unheeded for days before the violent protests. Sikh representatives had suggested that the play would be far less offensive if the setting were changed from a temple to a community center, a proposal the theater rejected.

“Rape and other things happen everywhere,” Singh said in a telephone interview. “We know that is a reality.”

The fact that Bhatti's play took place in a temple was at the center of Sikh objections. “It's nothing to do with the contents; it's the context,” he said. “We are not against freedom of speech, but there's no right to offend.”

Like other immigrants from the Indian subcontinent, Sikhs began arriving in Britain in the 1950's and 60's and are widely depicted as having prospered. In recent years, Sikh leaders have steered clear of the political activism associated with campaigns in the 1960's for the right to wear a turban and in the 1980's in support of Sikh separatism. And other Sikhs have registered far less hostile views about the play.

“Most Sikhs don't wear a turban,” Nirpal Singh Dhaliwal, a thirty-year-old Sikh writer whose father immigrated to London in 1959, said. “They are very laid-back about their religion. There's a perception that if you are not white, you take your religion a lot more seriously than anyone else. That's not true.”

Professor Singh at the University of Birmingham also spoke of a lack of dialogue between older Sikh leaders and younger generations. “Sikhs who have been born here take the idea of freedom of expression quite seriously,” he said.

Indeed, Bhatti, thirty-five, said in a foreword to her play that “sometimes I feel imprisoned by the mythology of the Sikh diaspora, with its stress on Sikh success, affluence, hard work and aspiration.” Bhatti has not appeared in public since the cancellation of her play and has declined requests for interviews. But in the foreword she wrote: “I believe that drama should be provocative and relevant. I wrote ‘Behzti' because I passionately oppose injustice and hypocrisy.”

Reported in: New York Times, December 25.

 
 

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