ABFFE Brief Challenges Miami School Board

On November 21, the American Booksellers for Free Expression (ABFFE), the bookseller’s voice in the fight against censorship, filed a brief condemning the Miami school board’s ban on “Vamos a Cuba,” a book for four-to-six year-olds. The case began in June when a former Cuban political prisoner complained that “Vamos a Cuba” was “untruthful” because it “portray[ed] a life in Cuba that does not exist.” Two panels reviewed the book and upheld its use in school libraries by a combined vote of 22-2. But the book was banned as “inaccurate” by the Miami school board. One board member said the book should have included the fact that “[t]he people of Cuba survive without civil liberties and due process under the law and receive 10- to 20-year prison sentences for simply writing a document or voicing an opinion contrary to the party line.” Several board members acknowledged that they had voted to remove the book because they believed its exclusion of detailed facts about Cuba’s dictatorship was “offensive” to the Cuban American community. The board also ordered the removal of the series of travel books published by Heinemann that includes “Vamos a Cuba,” even though there had been no complaints about any of the other books.

ACLU challenged the ban, and a federal district court judge in Miami declared it unconstitutional. However, the school board has appealed to the U.S. Court of Appeals. “Removal decisions such as the one at issue in this case–which blatantly ignore the recommendations of professional librarians and educators–are not based on objective criteria but rather on subjective, politically motivated agendas,” the ABFFE brief states. “The district court correctly concluded that the School Board cannot justify its censorship decision on these grounds.”

The ABFFE brief, which was written by Theresa Chmara of Jenner & Block, was joined by the Association of Booksellers for Children, the Freedom to Read Foundation, Reforma, Peacefire.org and the National Coalition Against Censorship. The brief is available online here.

ABFFE Takes on the FCC

On November 30, ABFFE joined with a coalition of 20 free expression groups, community broadcasters, filmmakers, performers and authors to file a brief arguing that new standards adopted by the Federal Communications Commission (FCC) to censor “indecency” on the airwaves are overly vague and unconstitutional. In March 2006, the FCC declared that only “in rare contexts” will “language that is presumptively profane” be permitted in radio and TV broadcasts and condemned dozens of programs containing coarse language or sexual situations. One of the condemned programs was a PBS documentary by Martin Scorsese that explored the history of American “blues” music and included interviews with people who used the words “shit” and “fuck.” “We disagree that the use of such language was necessary to express any particular viewpoint,” the FCC declared. The NBC, CBS and Fox networks have challenged the new standards in court.

The amicus brief joined by ABFFE charges that the new FCC standards, coupled with the threat of fines of up to $325,000 that were authorized by Congress this year, will have a deeply chilling impact on free speech on TV and radio, particularly on nonprofit broadcasters who do not have the resources to challenge fines in court. The brief notes that public radio stations have already “bleeped” words from documentaries about the 9/11 attacks and the Iraq War. Rocky Mountain PBS canceled the historical documentary “Marie Antoinette” because it included sexually suggestive engravings.

The amicus brief was drafted by Marjorie Heins, the director of the Free Expression Policy Project of the Brennan Center for Justice. Other signatories include the ACLU, the New York Civil Liberties Union, the National Coalition Against Censorship, PEN American Center, the Writers Guild of America West, the American Federation of Television and Radio Artists, the Directors Guild of America and the Screen Actors Guild. It is available online here.

Vote for ABFFE on the Working Assets Ballot!

Although the national elections are over, one more important vote will occur this year that could be of tremendous importance to ABFFE. Working Assets, the San Francisco-based company that offers long distance, credit card and wireless services, is currently polling its customers to determine how to distribute the money that it gives every year to 50 non-profit organizations that work for social change. ABFFE is one of the groups on this year’s ballot. Its share of the money will be determined by the number of votes it receives. “Every vote means more money for our First Amendment work, and it takes less than a minute to cast a ballot,” ABFFE President Chris Finan said.

Working Assets customers can vote by clicking here.  ABFFE’s name appears in the “Education and Freedom of Expression” section of the ballot.

In 2005, Working Assets gave nearly $4 million to groups in five categories: economic and social justice; environment; peace and international freedom; and education and freedom of expression. It has contributed over $50 million since 1985.