19 Fulton Street, Suite 407 New York, NY 10038 tel: (212) 807-6222 fax: (212) 807-6245 email: ncac@ncac.

org web: www.ncac.org

Joan E. Bertin
Executive Director

NCAC PARTICIPATING ORGANIZATIONS

Actors Equity Association American Association of School Administrators American Association of University Professors American Association of University Women

BY ELECTRONIC MAIL
Dr. David Jeck, Superintendent Fauquier County Public Schools 320 Hospital Drive Warrenton VA 20186 April 22, 2014 Dear Dr. Jeck, We are writing with regard to a challenge to David Levithans Two Boys Kissing in the Fauquier High School library, because of objections to the same-sex themes explored in the book. We strongly urge you to retain the book because the objections that have been raised provide no legal basis for its removal and raise serious constitutional concerns. We understand that one review committee has reviewed the book and recommends that it be retained, and for good reason. The novel by best-selling author David Levithan, inspired by real events, depicts the lives and experiences of gay and transgender teens. It is highly recommended by educators and critics alike: Publishers Weekly called it a landmark achievement; a School Library Journal review said [e]veryone needs to read this, not just YA. How perfectly David puts the past, present and future into one small novel; Booklist recommends it for school and public library shelves because of its weight, significance, and literary quality; and the Wall Street Journal observed that Levithan seems to intuitively understand this generationand his new book allows him to bring their particular struggles and joys to life. These and other reviews attest to the literary and educational value of the book. In contrast, no legitimate pedagogical rationale has been advanced for its removal, and it is highly doubtful that any legitimate justification could be advanced, especially for removing the book from the library, the purpose of which is to give students the opportunity to explore books on their own, according to their own interests, views and values. The Supreme Court has cautioned that school officials may not remove books from library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. Board of Education v. Pico, 457 U.S. 853, 872 (1982)(plurality opinion). This constitutional duty applies with particular force in a library, which has a special role...as a place where students may freely and voluntarily explore diverse topics. Campbell v. St. Tammany Parish School Board, 64 F. 3d 184, 190 (5th Cir. 1995) Parents have a right to direct many aspects of their own childrens education, but they have no right to impose their views and preferences on others. Nor do they have a constitutional right to direct how a public school teaches their child. Parker v. Hurley, 514 F. 3d 87, 102 (1st Cir. 2008) (rejecting parents efforts to remove books that offended their religious beliefs). Public schools have an obligation to administer school curricula responsive to the overall educational needs of the community and its children. Leebaert v. Harrington, 332 F.3d 134, 141 (2d Cir. 2003). Any other rule would put schools in the untenable position of having to cater a curriculum for each student whose parents had genuine moral disagreements with the schools choice of subject matter. Brown v. Hot,

American Booksellers Foundation for Free Expression American Civil Liberties Union American Ethical Union American Federation of Teachers American Jewish Committee American Library Association American Literary Translators Association American Orthopsychiatric Association American Society of Journalists & Authors Americans United for Separation of Church & State Association of American Publishers Authors Guild Catholics for Choice Childrens Literature Association College Art Association Comic Book Legal Defense Fund The Creative Coalition Dramatists Legal Defense Fund Directors Guild of America Dramatists Guild of America Dramatists Legal Defense Fund Educational Book & Media Association First Amendment Lawyers Association International Reading Association Lambda Legal Modern Language Association National Center for Science Education National Communication Association National Council for the Social Studies National Council of Churches National Council of Jewish Women National Council of Teachers of English National Education Association National Youth Rights Association The Newspaper Guild/CWA PEN American Center People For the American Way Planned Parenthood Federation of America Project Censored SAG-AFTRA Sexuality Information & Education Council of the U.S. Society of Childrens Book Writers & Illustrators Student Press Law Center Union for Reform Judaism Union of Democratic Intellectuals Unitarian Universalist Association United Church of Christ Office of Communication United Methodist Church United Methodist Communications Womens American ORT Woodhull Sexual Freedom Alliance Writers Guild of America, East Writers Guild of America, West

Sexy and Safer Productions, Inc. 68 F.3d 525, 534 (1st Cir. 1995), cert. denied, 516 U.S. 1159 (1996). See also Swanson v. Guthrie Indep. School Dist. 135 F.3d 694, 699 (10th Cir. 1998); Littlefield v. Forney Indep. School, 268 F.3d 275, 291 (5th Cir. 2001). School officials have considerable discretion to provide access to a wide variety of educational materials, but considerably less leeway in removing content. Indeed, removing material in response to objections to content or ideas may make a school district vulnerable to legal challenge. Compare Monteiro v. Tempe Union High School District (9th Cir. 1998) (recognizing the First Amendment right of students to read books selected for their legitimate educational value even if offensive to some parents and students), with Pratt v. Independent School Dist. No. 831 (8th Cir. 1982) and Case v. Unified School Dist. No. 233 (D. Kan. 1995) (First Amendment violated by removing materials because of hostility to content and message.) Decisions about school materials should serve all students in the school. This can best be accomplished if decisions about what to include in libraries and classrooms are based on sound educational grounds, not because some people do or do not agree with the message or content of a particular book. We urge you to uphold the inclusion of Two Boys Kissing in Fauquier school libraries. Please feel free to contact us if we can be of any assistance in resolving this matter. Sincerely,

Joan Bertin Executive Director National Coalition Against Censorship

Chris Finan President American Booksellers Foundation For Free Expression

Charles Brownstein Executive Director Comic Book Legal Defense Fund

Judy Platt Director, Free Expression Advocacy Association of American Publishers

Millie Davis Senior Developer, Affiliate Groups and Public Outreach National Council of Teachers of English

Susanna Reich Chair, Children's and Young Adult Book Committee PEN American Center

Lin Oliver Executive Director Society of Children's Book Writers and Illustrators

CC: Sheryl Wolfe, FCPS Board Chair Raymond E. (Duke) Bland, Board Vice Chair Ginger Callahan, Board Clerk Brian Gorg Maureen Riordan Donna Grove