First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

11th Circuit: Miami school board can pull Cuba book from libraries

By The Associated Press,
First Amendment Center Online staff
02.06.09

ATLANTA — Miami school officials can remove from library shelves a book about Cuba that depicts smiling children in communist uniforms but avoids mention of problems in the country, a divided federal appeals panel ruled yesterday.

A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled 2-1 that the Miami-Dade County School District wouldn't be infringing on freedom of speech by removing 49 copies of Vamos a Cuba and its English-language version, A Visit to Cuba, from its libraries. The board has argued that the books, for children ages 5 to 8, present an inaccurate view of life in Cuba.

The board voted to remove the book in 2006 after a parent who was a former political prisoner in Cuba complained. A federal judge in Miami later ruled that the board should add books of different perspectives instead of removing offending titles.

However, the 11th Circuit majority sided with school board officials yesterday in ACLU of Florida v. Miami-Dade County School Board.

"There is a difference between not including graphic detail about adult subjects on the one hand and falsely representing that everything is hunky dory on the other," Judge Ed Carnes wrote for the majority.

Judge Charles R. Wilson wrote in dissent that it appeared the book was removed for political rather than educational reasons.

“For decades, residents of Communist Cuba have emigrated to the United States to escape the repressive totalitarian regime of its dictator, to seek freedom, and to enjoy the privileges of United States citizenship,” Wilson wrote. “Prominent among those privileges is the freedom of speech, protected by the First Amendment to the United States Constitution. The banning of children’s books from a public school library under circumstances such as these offends the First Amendment."

Carnes took issue with the lower court’s and Wilson’s use of the term “book banning.” “The dissenting opinion not only adopts that pejorative label from its very first sentence, but also builds its entire attack on the Board’s action on the premise that this case involves book banning,” Carnes wrote. “That is a faulty foundation. The Board did not ban any book. The Board removed from its own school libraries a book that the Board had purchased for those libraries with Board funds. It did not prohibit anyone else from owning, possessing, or reading the book.”

Howard Simon, executive director of the ACLU of Florida, promised "further legal action to prevent the shelves of Miami-Dade school libraries from being scrubbed of books that some people find to have an objectionable view point.”

Simon added, “However much they try to evade the facts and bend the law into a pretzel, censorship is censorship is censorship.”

Schools Superintendent Alberto M. Carvalho said in a statement he was glad the issue was resolved.

The 2001 book by Alta Schreier contains images of smiling children wearing uniforms of Cuba's communist youth group and celebrating the country's 1959 revolution. In discussing daily life, the book says children work, study and play the same way children in other countries do.

Juan Amador, whose complaint prompted the board to pursue the book's removal, was outraged that the book made no mention of lack of civil liberties, political indoctrination of school children, food rationing or child labor. He said in his complaint to the school board that the book "portrays a life in Cuba that does not exist."

ACLU attorney JoNel Newman had argued at a 2007 hearing that political discussions need not be required for books for elementary students. She questioned whether a book about the Great Wall of China must mention Chinese communist leader Mao Zedong.


Update
Supreme Court stays out of Miami book-banning dispute
High court lets stand ruling by 11th Circuit, which found that school district wouldn't be infringing on free speech because book presents inaccurate view of life in Cuba. 11.16.09

Previous
11th Circuit asked to OK ban on Cuba book
Three-judge panel hears oral arguments in Miami-Dade school board's bid to remove 49 copies of Vamos a Cuba from its libraries. 06.08.07

Related

Professors decry decision to ban books in Puerto Rico high schools

Five Spanish-language books had been read as part of 11th-grade curriculum, but proofreaders this year alerted education officials about 'coarse' slang. 09.15.09

Banned books


News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Saturday, May 25, 2013 | 02:04:46
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
1 for All
First Amendment Center history
Glossary
Freedom Sings®
Events
Congressional Research Service reports
Guest editorials
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links