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Ban Banning A Great Deal

Decent Essays

Book banning is something that should be done away with in schools. It hurts everyone, and the only time it is appropriate is if the book is deemed to be truly inappropriate for children by students, teachers, parents, and everyone else that deals with children for reasons related to obscenity and an imminent clear and present danger. In the outside world, public libraries and such cannot ban books. First amendment affects book banning a great deal. The US first amendment makes it very hard to ban books in general. The first amendment states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Cornell, amendment). The “petition the government for a redress of grievances,” part of the amendment is rarely remembered but very important means that the government has no right to silence anyone complaining about the government, so if someone writes a book complaining it cannot be banned legally. Any government association cannot ban books; the banning could be constitutionally challenged, and in most cases, the challenge would be upheld on constitutional grounds and the ban struck down. The Miller test is the Supreme Court’s de facto test to determine if a work is obscene and therefore, does not qualify for protections under the first amendment. The

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