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How Does Book Banning Work in U.S. Public Schools?
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Key Takeaways
Book banning refers to the formal process of challenging and potentially removing library books or curriculum materials based on concerns about inappropriate content. Schools can restrict age-inappropriate materials for legitimate educational reasons, but students have First Amendment rights to access information and diverse viewpoints. Removals based solely on disagreement with a book’s ideas violate constitutional protections against censorship.
Across the United States, debates about books banned in public schools are longstanding. In recent years, they’ve grown more complicated. While the challenges aren’t new, their scale and intensity have made them a major issue.
What actually determines whether a book should be pulled from classroom shelves or school libraries? Students have a First Amendment right to access information, but schools have the authority to select age-appropriate materials that support learning.
This tension between educational authority and constitutional rights is central to recurring disputes over school literature. Understanding the many considerations involved can help parents and community members make informed decisions and recognize potential problems.
This article walks through the process of book banning in public schools and the relevant legal principles. We review current trends and examine the reasons behind many book challenges today. Finally, we review what students and parents can do about books and curriculum at their school.
If you suspect a violation of your rights, consider speaking with an attorney licensed in your state. Depending on the issues, a lawyer specializing in either civil rights or education law will likely be best suited to help you understand your options.
In the meantime, let’s start with some basics.
How the Book Challenge Process Works
Before a book can be removed or restricted at a public school, someone must raise a concern. This can come from various parties, depending on district policy. Though the details vary from one community to another, common elements are found in most locations.
Who Can Challenge a Book?
Each district has its own rules about who may file a challenge. In most school districts, several groups have this ability. While parents are frequent challengers, other stakeholders can also be involved.
Community members may raise concerns, particularly if they feel a book conflicts with local values or expectations. School board members sometimes initiate challenges as well, especially in response to family complaints. In recent years, lawmakers and state officials have also become involved, sometimes nudging districts to review certain titles in states like Florida, Texas, and Tennessee.
Some districts require challengers to live in the district or have a child enrolled in the school. Others allow broader participation, often when the challenge concerns controversial issues such as gender identity, religion, or sexual content.
Submitting a Request
In most districts, parties submit their concerns or challenges using a reconsideration request form. The district usually prepares and provides this document, which requires the challenger to list specific passages, themes, or depictions they find concerning.
Districts often require challengers to read the entire book before submitting the form. This is because objections taken out of context can lead to misunderstandings. Parties usually submit these completed forms to the school or district administration, but the exact submission point depends on district policy.
The Formal Review Process
Once a challenge is submitted, the district begins a formal review. This step is meant to ensure that decisions aren’t made hastily or based on personal preference. Instead, the district follows a structured approach that includes documentation, committee review, and careful evaluation.
To facilitate the process, the district assembles a review committee. This committee usually includes librarians, teachers, administrators, and sometimes parents or community representatives. Their job is to read the book, review the complaint, and consider professional evaluations from organizations such as the American Library Association (ALA) and its Office for Intellectual Freedom.
Committees use several additional criteria to evaluate a book. They consider factors like:
- Educational value: Whether it supports learning goals or reflects student experiences
- Age appropriateness: Can vary for middle school or high school readers
- Literary merit: Especially for bestsellers or books widely recognized as important works
Community standards can also play a role. All criteria must be balanced with the need to protect free speech and free expression.
The review process can take several weeks or even months, depending on the number of challenges and timing within the school year. After completing its review, the committee makes a recommendation to the superintendent or school board.
If the challenger disagrees with the decision, they can usually appeal to the school board. In some states, appeals can even reach the state education department. This ensures that challengers have multiple opportunities to express their concerns.
Possible Outcomes
After the review is complete, the district must decide what to do with the book. There are usually multiple options that can vary by district.
In some cases, a book may remain in the library or curriculum with no changes, especially if the committee finds that it has strong educational value. In others, the district may restrict the book to certain grade levels, like limiting a young adult novel to older students. Some will move the book to a different section of the library, where checkout requires parental permission.
Complete removal is another possible outcome. This controversial action is typically reserved for books that the committee deems inappropriate for any students at the school.
Is Book Banning Constitutional?
The U.S. Constitution plays a major role in determining what public schools can and can’t do when it comes to removing books. Students have rights, but schools also have responsibilities. Understanding these rights and how courts have interpreted them helps clarify when a book’s removal may cross legal lines.
Students’ First Amendment Rights
Students in public schools have First Amendment rights. Amongst other protections, these include the right to receive information and ideas. This limits how public schools, which are considered government entities, can regulate access to books. Private schools are not bound by the First Amendment in the same manner.
In practice, public schools can still decide to remove or restrict a book from the library or the curriculum. These decisions must be based on legitimate educational reasons and not on disagreement with the book’s ideology or viewpoints. Courts generally defer to school officials’ judgment on educational suitability, but this deference has limits. Schools cannot use ‘educational concerns’ as a pretext for viewpoint-based censorship.
One of the Supreme Court’s most important cases on the topic below provides insight into how such rulings are made.
Board of Education vs. Pico (1982)
This case centered on a school board that removed several library books it found to be offensive or inappropriate. A group of students sued the board, saying the removal violated their First Amendment rights. In a 5-4 decision, the U.S. Supreme Court held that students have a right to receive information and that schools cannot remove books simply because they dislike the ideas they contain.
The majority explained that libraries are places for voluntary reading, and that every student’s access to diverse viewpoints is essential to education. It exposes students to different perspectives and helps them understand the world. Removing books because of disagreement with their ideas interferes with students’ ability to learn and think critically.
While the ruling doesn’t require schools to carry every book, it establishes that the First Amendment applies to school library book removals. Schools retain the discretion to make age-appropriate and educationally grounded decisions, but that discretion is constrained by students’ constitutional rights to receive information and by the prohibition on viewpoint-based censorship.
When Book Removal May Violate the Constitution
A book removal may be unconstitutional if it’s based on viewpoint discrimination, meaning the decision maker objects to the ideas or themes expressed in the book. For example, removing books that portray LGBTQIA+ relationships solely because the board disfavors homosexuality would violate the First Amendment. In the same manner, removing books about racism because they make some people uncomfortable can also raise constitutional concerns.
Courts also distinguish between curriculum decisions and library censorship. Schools have greater authority to determine what teachers must teach, but less authority to restrict what students may read on their own. The distinction matters because most book challenges target library books, which is where students’ First Amendment rights to receive information are strongest.
When Schools Have More Authority
Schools do have the authority to restrict books when the decision is based on legitimate educational concerns. For example, a book may be removed if it contains graphic sexual content that’s inappropriate for younger students.
Schools may also consider educational suitability, especially when a book doesn’t support learning goals or lacks literary merit. These decisions must be based on legitimate educational grounds, not political pressure or personal beliefs.
Common Reasons Books Are Challenged
To better understand the tensions involved, it helps to examine the main drivers behind the objections. People challenge books for different reasons. These often reflect broader cultural debates and explain why certain titles appear frequently on banned book lists.
In this section, we examine some of the concerns routinely cited in book removal efforts.
Sexual Content and Age Appropriateness
One of the most common reasons for challenges is sexual content. Parents regularly object to explicit scenes, discussions of sexuality, or mature themes.
In recent years, “Sold” by Patricia McCormick has been one of the most frequently challenged and banned titles in the United States. Removal requests typically cite themes of sexual violence and trafficking among the concerns. “The Perks of Being a Wallflower” by Stephen Chbosky is often a target for banning due to its depictions of sexual assault, substance use content, and mental health/trauma themes.
What counts as inappropriate or explicit varies by community. Some regard certain material as inappropriate for teens, while others argue that this content reflects real issues students face.
LGBTQIA+ Themes and Gender Identity
Books with LGBTQIA+ characters or discussions of gender identity are often in the crosshairs for banning. In fact, LGBTQIA+ books are disproportionately represented on challenge lists. The following books and reasons regularly appear at the center of recent debates:
- “Gender Queer” by Maia Kobabe: Explicit illustrations and LGBTQIA+ sexual content
- “This Book Is Gay” by Juno Dawson: Frank discussions of LGBTQIA+ identity and sex education
- “All Boys Aren’t Blue” by George M. Johnson: Depictions of sexual experiences in a queer coming‑of‑age memoir
Supporters of their removal often argue that parents should control when and how their children learn about these topics. Opponents say that representation matters and that removing these books constitutes viewpoint discrimination.
Race, Racism, and American History
Books about racism or historical injustice are also a frequent target. Some of the more common points of these discussions include:
- “The Hate U Give” by Angie Thomas: Depictions of police violence in a racial justice context
- “The Bluest Eye” by Toni Morrison: Racialized trauma and graphic sexual violence
- “All-American Boys” by Jason Reynolds and Brendan Kiely: Portrayals of racial profiling and police brutality
Those who seek the removal of these books claim the depictions of racism, police violence, and historical injustice are too intense, divisive, or inappropriate for students. Others who oppose banning them argue that these stories are essential for understanding racial history, recognizing systemic injustice, and supporting students whose lived experiences are reflected.
Other Common Objections
Books also face challenges for violence, profanity, religious viewpoints, or themes related to witchcraft or the occult. Concerns about these books often overlap with other categories. Other commonly challenged books include:
- “The Kite Runner” by Khaled Hosseini: Depictions of sexual violence and wartime trauma
- “Crank” by Ellen Hopkins: Portrayals of drug addiction and explicit substance use
- “The Handmaid’s Tale” by Margaret Atwood: Sexual coercion and oppressive reproductive control in a dystopian setting
Those seeking to ban these books routinely cite the themes as inappropriate or harmful for students. Opponents of their removal argue that these books address important social issues and human experiences. Both, they argue, help students think critically and understand complex realities.
Historically Challenged Titles
School censorship trends shift over time, with important works surviving attempts to suppress them. Challenges peaked for each of these books years ago for the reasons noted.
- “The Color Purple” by Alice Walker: Graphic depictions of rape, incest, domestic violence, and homosexuality. No longer amongst the most frequently targeted titles.
- “The Bluest Eye” by Toni Morrison: Sexual violence involving a minor and depictions of racism. Still challenged in some districts, though not a top-targeted title.
- “Brave New World” by Aldous Huxley: Sexual content, drug use, and anti-authoritarian and dystopian themes. Targeting has become rare.
- “To Kill a Mockingbird” by Harper Lee: Racial slurs and racist content. It has established itself as a seminal piece of American literature.
- “Are You There, God? It’s Me, Margaret” by Judy Blume: Puberty, menstruation, religion. Has secured a place as a coming-of-age novel.
- “Stamped: Racism, Antiracism, and You” by Jason Reynolds and Ibram X. Kendi: Portrays the U.S. as systemically racist. Still challenged in some districts.
- “Love Story” by Erich Segal: Sexual content and profanity. Rarely challenged today.
- “Thirteen Reasons Why” by Jay Asher: Suicide and mental health content. Occasionally restricted but no longer a major focus of challenges.
None of these remain central targets in the current wave of book removals. The underlying concerns that made some adults uncomfortable decades earlier remain familiar today, so they may attract further attempts in the future.
Current Trends in Book Banning
Book challenges have increased dramatically in recent years, with several organizations tracking these trends. Understanding where and why challenges are occurring can offer explanations for what’s happening.
Recent Statistics
PEN America and the ALA are both nonpartisan nonprofit groups widely recognized for tracking and opposing book bans. According to PEN, the number of unique titles challenged or removed from schools has risen sharply from 1,586 in 2021 to 3,752 in 2024.
The ALA’s recent report shows the same sharp upward trajectory. It documents 4,235 unique titles challenged in 2025. Forty percent of them reflect LGBTQIA+ experiences or experiences of people of color.
The ALA’s report also documents the most frequently challenged books in 2025. The list below of 11 includes a handful of ties:
- 1. “Sold” by Patricia McCormick
- 2. “The Perks of Being a Wallflower“ by Stephen Chbosky
- 3. “Gender Queer: A Memoir” by Maia Kobabe
- 4. “Empire of Storms” by Sarah J. Maas
- 5. (tie) “Last Night at the Telegraph Club” by Malinda Lo
- 5. (tie) “Tricks” by Ellen Hopkins
- 7. “A Court of Thorns and Roses” by Sarah J. Maas
- 8. (tie) “A Clockwork Orange” by Anthony Burgess
- 8. (tie) “Identical” by Ellen Hopkins
- 8. (tie) “Looking for Alaska” by John Green
- 8. (tie) “Storm and Fury” by Jennifer L. Armentrout
Several titles on this list focus on LGBTQIA+ experiences and the lives of people of color.
State Trends
The states with the highest numbers of book bans include Florida, Texas, Missouri, Utah, and Tennessee. For the 2024-25 school year, Florida recorded 2,304 book bans, the most of any state. Texas followed with 1,781.
Missouri saw a major spike after its 2022 legislation that criminalized providing students with “explicit sexual material.” Districts in the state responded by pulling hundreds of titles to avoid legal risk. The law is currently facing legal challenges in federal court. Utah and Tennessee also had significant increases due to new laws and state‑level guidance, with the former engaged in legal battles over its new rules.
Many book challenges also now come from organized groups rather than individual parents. This has led to more books being reviewed at once.
Trends by Subject Matter
Below, we list some of the recent trends tracked by both PEN and the ALA. These shifts represent data from 2021-24.
- LGBTQIA+ themes: Challenges increasingly target books with transgender or nonbinary characters, often citing age appropriateness
- Race and racism: Books addressing systemic racism or the lived experiences of people of color face steadily increasing scrutiny
- Sexual content: Attempts to remove books for sexual content have expanded, with broader definitions sweeping in both explicit scenes and educational material
- Sexual violence: Challenges to books depicting assault or trauma have increased, even when they serve clear educational or survivor support purposes
- Violence: Books containing graphic or war-related violence have faced rising scrutiny, especially within coordinated, list-based efforts
- Drugs and substance use: Books involving addiction or recovery have been challenged more frequently, including books framed as cautionary or health-focused
- Mental health: Challenges to books addressing depression, self-harm, or suicide have become more common, despite their use in wellness and counseling contexts
- Profanity and mature themes: Use of broad labels like mature themes has escalated, sweeping in books with difficult family dynamics or emotionally heavy content
This recent escalation reflects a shift from isolated complaints to organized campaigns. Advocacy groups circulate nationally pre-compiled lists of books they want removed. These coordinated efforts have amplified the volume and speed of challenges, driving many of the recorded trends.
Opposition to Book Banning
These upward trends and coordinated removal efforts have prompted strong pushback. Free expression advocates and other opponents of removal have increasingly turned to the courts. The core claims in each case involve the First Amendment, federal civil rights laws, and other constitutional questions. Let’s take a look at some of the most impactful recent federal cases.
PEN America vs. Escambia County School District (2023)
This case originated in Florida. PEN America, along with parents, authors, and one publisher, challenged the school district’s removal of books. They argue the district’s book bans disproportionately target LGBTQIA+ and racially diverse titles, violating the First Amendment and civil rights laws. Litigation is currently paused pending related appeals.
Central Arkansas Library System et al. vs. Griffin et al. (2023)
The Central Arkansas Library System, along with booksellers, librarians, and advocacy groups, filed suit. They sought to block a state law that would criminalize librarians and restrict access to young adult materials. The suit claims the law violates the First Amendment and is unconstitutionally vague and overbroad. The court issued a preliminary injunction blocking key parts of the law. The case is still moving through the federal court process.
ACLU of Iowa et al. vs. Reynolds et al. (2023)
The ACLU of Iowa, together with parents, authors, and publishers, challenged statewide restrictions on “sexually explicit” content in schools. They argue the law suppresses protected speech and violates students’ First Amendment rights. A federal judge has blocked major portions of the law. Litigation remains ongoing.
The Kurt Vonnegut Estate, et al. v. Attorney General Derek Brown, et al. (2026)
Parents, students, and the ACLU of Utah challenged new statewide book removal standards. They argue the standards disproportionately target LGBTQIA+ titles and violate students’ First Amendment rights. Several school districts have paused removals while the case proceeds in federal court.
Missouri Association of School Librarians and Missouri Library Association vs. Bailey (2023)
Public school librarians and educators joined the ACLU of Missouri to challenge a state law that criminalizes providing “explicit sexual material” in school libraries. They claim the statute violates the First Amendment and is unconstitutional. Enforcement has been inconsistent, and the litigation is ongoing.
These federal cases will likely have widespread implications once resolved. They test how much states can regulate what students can read and access in public schools.
What Parents and Students Can Do
Parents and students play an important role in shaping what books are available in schools. Whether someone wants to challenge a book or oppose a ban, they can usually participate in the process.
If You Want to Challenge a Book
Parents who believe a book is inappropriate should follow the district’s formal process. Attending school board meetings can help parents share their views and understand how decisions are made.
If You Oppose a Book Ban
Students and parents who want to keep challenged books on the shelves can also participate. You may want to:
- Attend school board meetings
- Speak during public comment
- Write letters to district officials
These can all be effective ways to express support for a book.
Advocacy groups like the ACLU, PEN, and the ALA offer resources. They also coordinate events promoting First Amendment rights. For example, Banned Books Week occurs nationwide each fall. It features activities promoting the freedom to read.
When To Seek Legal Help
Books may be removed because officials disagree with their ideas, the district is targeting books by certain authors, or groups find their content offensive or contrary to their personal beliefs. When a district’s actions appear to conflict with its obligations, legal guidance can be especially important
Attorneys who handle education law or civil rights cases can help families understand their options. They can also evaluate whether a removal may violate your rights.
Finding someone you trust with the right qualifications isn’t always easy. It can often slow, or even halt, your progress. For this reason, FindLaw has made its directories of education law attorneys and civil rights attorneys accessible to the public. This resource lets you view credentials, ratings, and other information about experts in your area, including those who offer free consultations.
Review their backgrounds. Try to find one with experience in cases like yours and arrange a meeting. Getting a better handle on your rights and the remedies available is essential to figuring out your next move.
Can I Solve This on My Own or Do I Need an Attorney?
- You generally need a lawyer’s help to sue a school
- School rules and regulations can be contested in court
- Civil rights and discrimination issues are a large part of education law
Education legal issues can span Title IX concerns, discrimination cases, civil rights offenses, and teachers’ rights. An attorney can help prevent common mistakes with your case.
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