censorship

NEWS
THE NATIONAL COALITION AGAINST CENSORSHIP NEWSLETTER

SPRING 2017 New Pressures on Press Freedom

NUMBER 126 As a candidate for president, Donald Trump made headlines officials accountable. This cant happen when unfriendly
for his scathing attacks on the press. They were not limited reporters are banned from briefings or bullied from the
NCAC BOARD
to labeling the media as dishonest, referring to unfavorable presidential pulpit. Its classic gaslighting controlling the
Jon Anderson
Michael Bamberger
coverage as fake news, and threatening to change libel message through intimidation and misinformation (i.e. lies).
Joan Bertin laws to make it easier to sue news organizations. Mr. Tensions between presidents and the press are familiar
Judy Blume Trumps media hostility went well beyond anything seen in Nixon famously chafed at press criticism and Obama openly
Susan Clare recent history. From banning reporters from The Washington lambasted Fox News but President Trump has taken the
Tim Federle
Post and Politico from his rallies to ejecting photographers conflict to a new level.
Chris Finan
Eric M. Freedman filming Black Lives Matter protestors, Mr. Trump seemed
Martha Gershun intent on trying to intimidate and control the press. If anything, the country needs more reminders, not fewer, about
Robie Harris the importance of press freedom. In Virginia, NCAC criticized
Phil Harvey Not much has changed since Donald Trump took office. school officials for engaging in prior review and censoring
Michael Jacobs
Emily Knox If anything, his contempt for the fourth estate, displayed student newspaper articles on issues of importance to students,
Chris Peterson in attempts to undermine the legitimacy of the press and like abstinence-only sex education and chronic absenteeism.
Larry Siems reporters ability to do their jobs, has only become more NCAC recently co-sponsored a report with the American
Emily Whitfield apparent. In February, Press Association of University
Secretary Sean Spicer barred Professors, College Media
several prominent news Association, and Student
COUNCIL outlets, including The New Press Law Center, Threats to
OF ADVISORS York Times, Los Angeles the Independence of Student
Amy Adler
Times, and BBC, from Media, documenting efforts
Helene Atwan
Rev. John Harris Burt attending an off-camera to undermine student press
James Cromwell gaggle in his office, while on college campuses. In these
Norman Dorsen friendlieroutlets like the and other similar situations,
Gail Edwin Washington Times and we see the damage done
Frances FitzGerald
Rev. Carl E. Flemister
Breitbart News were invited Credit: Eugene Zemlyanskiy when public officials use their
Danny Goldberg to attend. The presidents power to control speech and
Franklyn S. Haiman top strategist, Steve Bannon, access to information. A free
Marjorie Heins accused the media of acting and independent press is
David Henry Hwang
like the opposition party. necessary for an informed
George Kannar
Rhoda H. Karpatkin
Mr. Trump went a step further, declaring the press to be the public and is the best bulwark against abuse of official power.
Tony Kushner enemy of the American people!
Sylvia A. Law As Justice Brandeis wrote, the framers believed that public
Pamela A. Mann In a forceful rebuke, NCAC and the American Society of discussion is a political duty, and that the right to free
Gail Markels
News Editors mobilized nearly 100 free speech and press speech would prevent the occassional tyrannies of governing
Jay Mazur
Joyce D. Miller
organizations to condemn in the strongest possible terms majorities. The Washington Post observes this with its new,
Victor Navasky all efforts by elected and appointed officials to penalize, somewhat angst-filled slogan, Democracy Dies in Darkness.
Aryeh Neier delegitimize, or intimidate members of the press. As the Whether in the highest levels of government or in local school
Robert M. ONeil joint statement noted, the main function of a free press as boards, the impulse to silence the press comes from the same
Pat Scales
enshrined in the Constitution is to monitor and report on impulse to limit other freedoms by controlling what people
Stanley K. Sheinbaum
Nadine Strossen the actions of public officials so that the public can hold know and think. NCAC has its work cut out for it.
Cleo Wilson them accountable.
Susan N. Wilson Free Speech Now: NCAC is monitoring developments in
Thomas Jefferson stated that Our liberty depends on the Washington and around the country to identify new threats to First
freedom of the press, and that cannot be limited without Amendment rights. Visit ncac.org/free-speech-now and find out
being lost. Democracies survive only when the people have how you can get involved with our regularly updated list of action
access to information and the ability to hold their elected initiatives from NCAC partner organizations.

N C A C n e e d s y o u r s u p p o r t . D o na t e n o w a t w w w . ncac . o r g
 In the Supreme Court
NCAC PARTICIPATING ORGANIZATIONS
Actors Equity Association
American Association of School Administrators
American Association of University Professors
American Association of University Women
Disparaging trademarks was also revoked under the disparaging
American Booksellers for Free Expression The controversy behind Lee v. Tam began standard.
American Civil Liberties Union in 2011 when musician Simon Tam, an
American Ethical Union
American Federation of Teachers
Asian-American, attempted to trademark his Sex offenders on social media
American Jewish Committee bands name, The Slants. The Patent and Packingham v. North Carolina concerns a
American Library Association Trademark Office rejected the trademark state law enacted in 2008 that makes it
American Literary Translators Association
American Orthopsychiatric Association
based on a provision of the 1946 Lanham a felony for a registered sex offender to
American Society of Journalists & Authors Act that prohibits trademarks that may access a wide variety of websites which are
Americans United for Separation of Church & State disparage people, institutions, beliefs, or accessible to minors, including countless
Association of American Publishers
Authors Guild
national symbols. Tam subsequently sued sites like Facebook and Yelp. In 2002, Lester
Catholics for Choice on First Amendment grounds and won in a Packingham, a 21 year old college student,
Childrens Literature Association federal appeals court. At oral arguments in pleaded guilty to taking indecent liberties
College Art Association
Comic Book Legal Defense Fund
the Supreme Court, Justice Kagan likened with a minor; he received a suspended
The Creative Coalition the trademark regime to a fairly classic sentence and supervised probation, but was
Directors Guild of America case of viewpoint discrimination, noting required to register as a sex offender. He
The Dramatists Guild of America
Dramatists Legal Defense Fund
that it permits trademarks that say good was arrested in 2010 for violating the 2008
Educational Book & Media Association things about something but not those law after he posted a message on Facebook
Free Speech Coalition that say bad things about something. celebrating the dismissal of a traffic ticket.
First Amendment Lawyers Association
International Literacy Association
Justice Alito similarly hinted the Patent Packingham argues that North Carolinas
Lambda Legal and Trademark Office was stretching the law sweeps too broadly, in violation of his
Modern Language Association concept of a government program past the First Amendment rights. At oral arguments
National Center for Science Education
National Communication Association
breaking point. The outcome in Lee will in February, a number of justices expressed
National Council for the Social Studies almost certainly determine the fate of the skepticism about the law. A decision is
National Council of the Churches Washington Redskins trademark, which expected by the end of June.
National Council of Jewish Women
National Council of Teachers of English

Legislating Education
National Education Association
National Youth Rights Association
The Newspaper Guild/CWA
PEN American Center
People For the American Way Science denial protect science education from attempts to
Planned Parenthood Federation of America
Using spurious First Amendment arguments, undermine it using the First Amendment as a
Project Censored
SAG-AFTRA state legislators around the country are ruse.
Sexuality Information & Education Council of the U.S. attacking science education, particularly the
Society of Childrens Book Writers & Illustrators
teaching of evolution and climate change. Sex denial
Speech Communication Association
Student Press Law Center Supporters of SB 55 in South Dakota Lawmakers in two states do not want
Union for Reform Judaism claimed the bill was necessary to protect the students to learn about sex in school. In New
Union of Democratic Intellectuals
academic freedom and free speech rights Hampshire, HB 103 would require schools
Unitarian Universalist Association
United Church of Christ, Office of Communication of teachers. NCAC explained that while to provide two weeks advance parental
United Methodist Church, United Methodist Communications teachers have the right to their own opinions, notification prior to the use of materials for
Womens American ORT
they dont have a First Amendment right instruction of human sexuality or human sexual
Woodhull Sexual Freedom Alliance
Writers Guild of America, East to deviate from, and possibly contradict, education. Not only does the bill stigmatize
Writers Guild of America, West professionally developed science standards education about sexual health, NCAC argued to
adopted by state educators. The bill was the legislators and governor that it also invites
NATIONAL COALITION AGAINST
CENSORSHIP defeated. challenges to literature.
Joan E. Bertin, Executive Director
Svetlana Mintcheva, Programs Director Similarly, the Indiana Senate recently passed In Virginia, legislators are not giving up their
Jas Chana, Communications Director a resolution expressing support for a diverse crusade to pass the so-called Beloved bill.
Josh Zuckerman, YFEP Program Associate
curriculum about topics like evolution The bill, originating from one parents desire
Joy Garnett, Arts Advocacy Program Associate
Barbara Pyles, Business Manager
that may generate controversy; legislators to remove the Toni Morrison novel from
Mary Reinke, Accounting in Florida are proposing bills to allow any classrooms, would require teachers to notify
resident of a county to challenge curricular parents whenever sexually explicit materials
Censorship News Founding Editor: Roz Udow
materials that they think dont provide a are to be taught in class. Since November,
(1926-2006)
Design: Jeanne Criscola/Criscola Design
balanced viewpoint; and in Oklahoma, an NCAC wrote three times to urge policymakers
anti-evolution legislator proposed a bill that to reject the bill, arguing that it wrongly labels
19 Fulton Street, Suite #407, New York, NY 10038 would allow teachers to promote alternative valuable educational material and prioritizes
tel: (212) 807-6222, fax: (212) 807-6245 theories, such as creationism. Approximately the views of certain parents over others.
e-mail: ncac@ncac.org, web: www.ncac.org
70 such bills have been introduced since Governor McAuliffe vetoed the bill last year.
Copyright 2017 National Coalition Against Censorship
Permission is granted to reprint please credit NCAC.
2004, according to the National Center for He vetoed it again this year, after legislators
Science Education, but the pace has recently ignored the decision of the state board of
NCAC is a 501(c)(3) nonprofit organization increased. NCAC is working with NCSE to education, which rejected the proposal.

C E N S O R S H I P N E W S
 VI EW S O N T HE NE W S F R O M TH E EX E C U T IV E D I R E C T O R
Weaponized Protest
It was the winter of our discontent, to judge by the number and at the Republican National Convention in 2004 cost New York
intensity of protests around the country. Most of these protests, like City $18 million.) In at least 19 states, some legislators want to
the Womens March and the March for Life, displayed the strengths suppress peaceful dissent through intimidation. Some proposals
of our constitutional system. But not all. Some protesters and would impose serious penalties on peaceful protesters for minor
public officials apparently dont know or dont care about what the infractions of traffic laws, others would insulate drivers from
Constitution actually says about the right to protest. liability for hitting protesters, or would authorize the seizure of
assets from the organizers of a protest that turns violent, even if
The First Amendment explicitly protects the right of the people they did not engage in or incite violence.
peaceably to assemble, and to petition the government for a redress
of grievances. While protesters can say almost anything they can Both sides misapprehend some of the fundamentals about the
even advocate violence as long as they dont incite it they may right to protest and the role it plays in our constitutional system.
not engage in or threaten actual violence. The crucial distinction is Violent protesters ignore the fact that their own right to free
between speech and conduct. The First Amendment protects only speech depends on tolerance for ideas they revile. Protesters who
the former. successfully shut down someone elses speech set a precedent
for others to silence them. Its a zero-sum game. The right to
Some protestors ignore this critical distinction. Violence erupted free speech exists for all, or for none; it rests on the premise
on Inauguration Day in Washington, D.C. and elsewhere. Violence that worthy ideas will gain acceptance and flawed ideas will
also disrupted a planned appearance by former Breitbart editor Milo be rejected. History supports this notion. Not so long ago,
Yiannopoulos at the University of California at Berkeley and other advocates for racial equality were subject to intimidation and
campuses. At Middlebury College in Vermont, protests against an even imprisonment for engaging in peaceful protests. Yet, thanks
appearance by Charles Murray, author of a controversial 1994 book to the strength of their arguments and the protections offered by
on race and intelligence, erupted in violence in which a professor the First Amendment, the civil rights movement succeeded.
was injured. (Several students commented that they wanted to
hear the talk and were prepared to ask Murray questions, but felt For public officials, the stakes are different, but equally
pressured into participating in the demonstration, showing that compelling. The right to protest is critical to democracy and to
groupthink can be as dangerous to freedom of thought and speech the rule of law. The First Amendment protects speech, assembly,
as outright repression.) and petition precisely so that social change can occur as a result
of persuasion, and without resort to riot or revolution. The
At the same time, some officials wrongly cite the behavior of a few alternative can be seen in places where speech is repressed and
to suppress speech by law-abiding protesters. Law enforcement violent resistance is perceived as the only avenue to express
officials swept up non-violent protesters, journalists, and legal opposition or remedy injustice.
observers in Washington on Inauguration Day. (A similar over-
reaction resulting in the unlawful arrests of thousands of protesters They ignore that lesson at their peril, and ours.

Islamophobia and censorship
In Tennessee, the leader of a Facebook
group, Sullivan County Parents Against
Islam Indoctrination, filed an official
complaint seeking the removal of a
Pearson textbook, My World History.
She claims it promotes Islamic
indoctrination and violates her
daughters religious beliefs. NCAC
explained the difference between
religious education and indoctrination
to the school district and urged officials
to promote religious tolerance and
historical awareness, both of which
are vital to the flourishing of our
democracy.
Pro-diversity = anti-Trump?
Diversity and tolerance are American
values, but when a group of Maryland
teachers displayed posters created by
Shepherd Fairey that portray a diverse
group of women, school administrators
ordered them removed, claiming they
S H O R T TA K E S
expressed a negative view of Donald
Trump. NCAC supported the students who
protested the districts decision.
Fordham denies SJP club status
Fordham University administrators
refused students request to form a
chapter of Students for Justice in Palestine,
the national pro-Palestinian student advocacy
organization, accusing the group of trying
to stir up controversy. NCAC joined the
Foundation for Individual Rights in Education
in criticizing a decision that betrays the
universitys explicit promises of free
expression that it makes to its students.
Perilous publishing precedent
Soon after word got out that Threshold
Editions, an imprint of Simon & Schuster,
planned to publish a book by professional
troll Milo Yiannopoulos, his critics called
for a boycott of Simon & Schuster. NCAC
supported the publishers right to publish the
book, arguing that vigorous disagreement
is the only counter to toxic speech. But
when Yiannopoulos appeared to condone
hebephilia, the publisher changed its mind.
NCAC warned about the risks of withdrawing
controversial material in response to
protests, and urged publishers to defend the
importance of idea and viewpoint diversity.
Censorpedia is crowdsourcing
NCACs wiki on censorship incidents has
gone live, and we want your contributions.
Do you know of a censorship controversy
that we have yet to document? Currently
containing more than 1,200 individual cases,
Censorpedia needs your help to make it the
go-to source for every global censorship
case dating back to ancient Greece. Visit
wiki.ncac.org.
Stay informed, now more than ever
Keep up to date on the latest controversies
and whats happening right now in free
speech with NCACs biweekly E-newsletter.
Sign up at ncac.org.

C E N S O R S H I P N E W S
 CENSORSHIP
NEWS

Talking About Race

From Manets Olympia to William Styrons The Confessions by black artists alluding to police violence today, and racial
of Nat Turner, works of the imagination have long catalyzed violence historically, have met similarly heated opposition:
heated conversations around representations of race. In todays in the nations Capitol, a high school students allegorical
polarized sociopolitical environment, emotionally charged painting of a protest against police violence was taken down
responses to art and literature that address race and racism by Republican legislators, sparking a partisan battle and an
create challenging situations for cultural and educational ongoing legal case. In San Jose, California, a school district
institutions. Both are torn between their commitment to exhibition celebrating Black History Month that featured
intellectual and artistic freedom and the multiple pressures to paintings of historical incidents of violence against black
suppress work that may cause discomfort or pain. people was removed in response to complaints that it was too
political. The censored African-American artist, Mark Harris,
Museums, schools, and performance spaces have thus become explained, For centuries, we have been told not to speak out
battlegrounds where conflicts over race play out. Emblematic about [racial violence]. You dont have to like it. Its not only my
of these conflicts is the recent high-profile controversy at the history. This is American history.
Whitney Biennial in New York City, where protesters called
for the removal and even In a further twist, artists
destruction of a painting of color risk censorship
based on the photograph of when their work confronts
Emmett Till lying disfigured racial taboos, as satire
in his casket. In arguments often does. Last summer,
that are familiar and variously California State University
leveled at exhibitions, books, Long Beach canceled
and art projects, critics the widely acclaimed
questioned the moral right of comedy N*GGER
a white artist, Dana Shutz, to WETB*CK CH*NK, which
use such a potent symbol of tackles offensive racial
racial violence. They accused stereotypes through a
her of cultural appropriation, musical routine peppered
slammed her for exploitation with racial slurs a
and racial insensitivity, and humorous critique of
generally condemned what the bigotry lurking in the
they see as a white supremacist American psyche.
art world. Questions ranged
from the right of a white artist Suppressing art and
to represent black historical literature that engage the
trauma to the very capacity Credit:
of @diabola difficult and often very
white people to empathize with uncomfortable subject
the black experience. of race in America does
Proverbs 22 v.6 2016, mixed media on birch wood panel, 16 x 20 inches.
nothing to confront
Debates about representing Courtesy of the artist ( Mark Harris) the realities of racial
the history of racism extend to discrimination, police
works in the American literary violence, inner city
canon. The historically accurate use of racial slurs often disturbs poverty, or rates of incarceration. Discussions generated by
contemporary sensibilities and creates tension in schools and cultural works are not going to resolve these problems either,
communities. Last winter, for instance, a Virginia school district but the conversations may help us speak to each other more
removed To Kill a Mockingbird and The Adventures of Huckleberry effectively, understand our historically determined reactions, as
Finn from its classrooms and libraries in response to a parents well as imagine better alternatives.
complaint about the books racist language. Shortly after, a
school district in New Jersey considered redacting racial slurs Such conversations are not easy. Cultural institutions and
from Ragtime, a Tony Award-winning musical based on E. L. school boards, faced with funding pressures and community
Doctorows novel, set in Harlem in the early 1900s. NCAC demands, often prefer to avoid the inevitable conflicts that race
reminded school officials that purging the production of the related works provoke, which is all the more reason to support
language would distort historical realities. those who take the risk. As the artist behind the controversial
painting of Emmett Till said, it is better to try to engage
While debates rage over the moral right and ability of white something extremely uncomfortable, maybe impossible, and
artists and writers to deal with racially charged material, works fail, than to not respond at all.

www.ncac.org | facebook.com/ncacorg | twitter.com/ncacensorship