{"id":158477,"date":"2023-10-19T14:56:00","date_gmt":"2023-10-19T18:56:00","guid":{"rendered":"https:\/\/marcstier.com\/blog2\/?p=158477"},"modified":"2026-09-19T15:09:05","modified_gmt":"2026-09-19T19:09:05","slug":"parents-have-rights-but-not-to-ban-books","status":"publish","type":"post","link":"https:\/\/marcstier.com\/blog2\/?p=158477","title":{"rendered":"Parents Have Rights\u2014But Not to Ban Books"},"content":{"rendered":"

Originally published at Pennsylvania Policy Center<\/a> on October 19, 2023.<\/em><\/p>\n

The Senate <\/span>is now <\/span>considering SB 7, a bill proposed by Senator <\/span>Ryan <\/span>Aument <\/span>(R-Lancaster)<\/span>, <\/span>which<\/span> would<\/span> require schools to \u201c<\/span>identify sexually explicit content in school curriculum, materials, and books and notify parents that their child\u2019s coursework includes such content or that a book their child wishes to view in the school library contains explicit content.\u201d Parents would have <\/span>to <\/span>\u201c<\/span>opt<\/span> in<\/span>\u201d<\/span> to all<\/span>ow<\/span> their children<\/span> and<\/span> teens<\/span> to read or view those materials as part of their coursework and in the library. <\/span>Without<\/span> an<\/span> opt<\/span>-in<\/span>,<\/span> the school would<\/span> provide <\/span>the child <\/span>alternate coursework.<\/span><\/p>\n

Parents do have some rights to limit what their <\/span>children <\/span>read and <\/span>view.<\/span> And that right is protected, in part, by <\/span>US <\/span>constitutional law. <\/span><\/p>\n

Federal<\/span> cour<\/span>t<\/span>s have <\/span>recognized that a state has a right to <\/span>mandate that <\/span>all children <\/span>receive an education <\/span>that <\/span>it deems <\/span>is necessary for them to be <\/span>well-informed and productive citizens.<\/span> The state <\/span>sets the schools<\/span>\u2019 <\/span>overall curriculum <\/span>and<\/span> the details are filled in by <\/span>school boards, <\/span>which<\/span> do with the advice of <\/span>educated and experienced<\/span> school administrators, teachers<\/span>,<\/span> and librarians<\/span>. These<\/span> people<\/span> have expert<\/span> knowledge<\/span> about the kinds of materials that, in the current day and age, are important for children to <\/span>view<\/span> and read if they are to have an accurate and empathetic understanding of themselves and the world around them.<\/span><\/p>\n

Especially in matters that touch their moral and religious beliefs, parents have a right to guide the kind of education their children receive. That right was made part of the US Constitution in 1972 in <\/span>the <\/span>Wisconsin v<\/span>.<\/span> Yoder (406 US 205) decision. <\/span>And t<\/span>hat right has long been exercised in informal ways by parents who have objected to <\/span>some of the material<\/span> their children read or view<\/span>\u2014and <\/span>s<\/span>chools typically respect parents<\/span>\u2019<\/span> views. <\/span><\/p>\n

In fact, p<\/span>arents <\/span>are<\/span> already able to monitor the material their children have access to in school. School curricula and library books are all public. Parents can review what their children read and view with them. <\/span><\/p>\n

So the basic intent of this bill is in keeping <\/span>with long<\/span>\u2013<\/span>standing <\/span>practice and <\/span>our constitutional tradition. <\/span><\/p>\n

The details of the bill are troubling, however, because they could <\/span>potentially lead to drastically limiting the <\/span>variety of material to which children <\/span>can read and view in school, especially with regard to sexual matters. <\/span><\/p>\n

It is important <\/span>for that material to be available <\/span>for two reasons.<\/span><\/p>\n

First<\/span>,<\/span> every child need<\/span>s<\/span> accurate, factual, responsible education about <\/span>sex and <\/span>sexuality. Ag<\/span>e-appropriate information on health, puberty, sexuality, and sexual relationships keeps our children safe. It helps our teens form appropriate and healthy romantic relationships<\/span>, and<\/span> it <\/span>gives<\/span> young people the language they need to speak up in the unfortunate chance that they are dealing with sexual abuse.<\/span><\/p>\n

Second, <\/span>parents <\/span>sometimes <\/span>struggle to understand <\/span>the <\/span>issues of sexuality and gender identity<\/span>raised by their children. <\/span>(And these are not necessarily case<\/span>s<\/span> in which parents object to the material to which their children have access). <\/span>Sometimes parents <\/span>refus<\/span>e <\/span>to accept their child\u2019s <\/span>sexual <\/span>identity.<\/span> In the worst cases, <\/span>children face abuse in the home because of their identity<\/span> or are kicked out entirely<\/span>. Between <\/span>20<\/span>%<\/span> and <\/span>40%<\/span> of homeless youth are LGBTQ+<\/span> children<\/span><\/a> who have been rejected <\/span>by their <\/span>parents<\/span>, <\/span>a percentage that<\/span> is far higher than the 7% of children who identify <\/span>a<\/span>s<\/span> LGBTQ+.<\/span> Children who are unsafe at home<\/span>\u2014<\/span>and <\/span>indeed <\/span>, all children<\/span>\u2014<\/span>deserve to have<\/span> safe schools that can provide <\/span>not only a quality education but also <\/span>a refuge<\/span>. And even <\/span>whe<\/span>n<\/span>parents do not object to <\/span>their children<\/span>\u2019s<\/span> emerging <\/span>identities<\/span>, they sometimes <\/span>do not how to respond helpfully to children who are struggling with issues of sexuality. <\/span>In these cases, <\/span>c<\/span>hildren often turn to information they find in <\/span>the <\/span>classroom and school librar<\/span>y<\/span>, as well as <\/span>to<\/span> trusted <\/span>teachers, counselors<\/span>,<\/span> and other educational professionals<\/span>. <\/span>Thus, it is important that <\/span>such <\/span>educational materials be available <\/span>to<\/span> students <\/span>where they\u2019re best able to access it<\/span>.<\/span><\/p>\n

So<\/span>,<\/span> the proper policy in this area is one that recognizes the <\/span>rights <\/span>of parents to monitor and approve the <\/span>material their children read and view while ensuring that an appropriate range of such material is available to students generally. <\/span><\/p>\n

T<\/span>he current bill<\/span> does not<\/span> appropriately balance these two considerations. <\/span><\/p>\n

T<\/span>he kind of material that would require <\/span>parental opt-in is overly broad. <\/span>The bill requires that parents opt<\/span> in to <\/span>allow <\/span>access<\/span> to material that is \u201csexually explicit\u201d but only defines this term in <\/span>the language <\/span>of <\/span>a<\/span> form parents would <\/span>be required <\/span>to sign to allow their children to <\/span>read or view such material. <\/span>According to the bill draft, the form <\/span>must <\/span>include this language:<\/span><\/p>\n

By signing this document I am giving permission for my child to be provided books, handouts and instructional material that may include written or visual depictions of sexual conduct. Sexual conduct is defined in law as \u201cActs of masturbation, sexual intercourse, sexual bestiality or physical contact with a person\u2019s clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast.\u201d<\/span><\/p>\n

The trouble with this language is that it <\/span>encompasses too wide a range of material. It could include everything from <\/span>pornographic <\/span>depictions of masturbation and sexual intercourse to <\/span>the kinds of bland<\/span>,<\/span> yet accurate<\/span>,<\/span> discussion<\/span>s<\/span> of <\/span>these same topics in <\/span>books<\/span>, pamphlets and videos<\/span> on sexual<\/span>ity and <\/span>sexual <\/span>health<\/span> to<\/span> the <\/span>mild and implicit <\/span>portrayal of <\/span>sexual <\/span>conduct<\/span> that leave almost everything to the imagination. <\/span>U<\/span>nder the law, all of this material could <\/span>be categorized as <\/span>including written or visual depictions of sexual conduct, <\/span>and thus <\/span>would <\/span>require parental <\/span>approval<\/span>. <\/span><\/p>\n

The <\/span>legislation<\/span>\u2019s <\/span>overly broad language <\/span>would therefore<\/span> require <\/span>formal <\/span>parental <\/span>approval<\/span> for <\/span>most of the material in a sexual health curriculum as well as <\/span>for <\/span>most works of fiction that <\/span>deal with matters of <\/span>love and <\/span>romance. <\/span><\/p>\n

In addition, t<\/span>h<\/span>is<\/span> overly broad <\/span>language <\/span>could be used by school board members and administrators<\/span>, <\/span>acting <\/span>on <\/span>their own ideological <\/span>views or those of activist<\/span>s<\/span> who <\/span>pressu<\/span>r<\/span>e <\/span>them, to <\/span>require opt-in<\/span>s<\/span> for works that discuss<\/span> any <\/span>topic<\/span> they <\/span>disapprove of<\/span>\u2014<\/span>even if they contain <\/span>no<\/span>language or images that most of us would consider <\/span>as depicting \u201csexual conduct.\u201d <\/span>The <\/span>graphic adaptation <\/span>of <\/span>Anne Frank<\/span>: The Diary of a Young Girl <\/span>has bee<\/span>n <\/span>removed from a library<\/span><\/a> in a Florida school because it <\/span>include<\/span>s<\/span> not a depiction or description but <\/span>merely <\/span>a <\/span>short<\/span> discussion<\/span> of <\/span>innocuous<\/span> same-sex interaction. It is <\/span>likely that some activist groups would object to any <\/span>material<\/span> discus<\/span>sing<\/span> same-sex, <\/span>inter<\/span>r<\/span>acial<\/span> or <\/span>premarital<\/span> sexual <\/span>relationships<\/span> on the grounds that <\/span>they <\/span>depict <\/span>\u201csexual conduct\u201d <\/span>even though <\/span>the average reasonable adult would reject that characterization. <\/span><\/p>\n

Once a letter from the school <\/span>goes home to parents asking them <\/span>to opt<\/span> in to <\/span>material <\/span>th<\/span>at<\/span> are said to <\/span>\u201cdepict<\/span> sexual conduct<\/span>\u201d<\/span> as described in <\/span>a <\/span>opt-in form <\/span>that <\/span>include <\/span>a range of <\/span>explicitly described activities<\/span> that includes bestiality<\/span>,<\/span> it is likely that many parents, having no other information about the material except for this categorization, will not opt<\/span> in. <\/span>There is no way for parents to know <\/span>how sexual conduct is depicted in <\/span>material they are being asked to <\/span>evaluate<\/span>. <\/span><\/p>\n

This process is thus biased towards encouraging parents to say <\/span>no<\/span> to any material that school administrators <\/span>either acting on their own or on behalf of others <\/span>want to call into questi<\/span>on<\/span> f<\/span>or any reason<\/span>.<\/span><\/p>\n

The process is biased against parent<\/span>s<\/span> granting <\/span>permission<\/span> in <\/span>another way. <\/span>Parents are not always able to stay on top of the many messages they receive from school. That\u2019s especially true for parents who are economically stressed and especially for single parents with multiple jobs. But it can be true for any parent. <\/span>Parents<\/span> who <\/span>are<\/span> honest with<\/span> themselves will remember times when they forgot to fill out some important paperwork sent home from school, especially if they did not think the issue raised by the paperwork was important.<\/span> So it is likely that at least some parents who would approve <\/span>of the material they are being asked to evaluate will simply forget to sign the opt-in form. <\/span><\/p>\n

So the opt-in policy<\/span>,<\/span> combined with the designation of <\/span>certain <\/span>material as \u201c<\/span>depicting sexual conduct<\/span>\u201d <\/span>in <\/span>broad terms <\/span>and parent inattention<\/span>,<\/span> would <\/span>likely <\/span>mean that <\/span>a<\/span> large number of parents <\/span>might <\/span>not allow their children to read or view material<\/span>. <\/span>Many<\/span> parents <\/span>who, w<\/span>ith<\/span> time to <\/span>thoughtfully <\/span>consider the <\/span>specific materials involved<\/span>, would not object to <\/span>the age-appropriate<\/span>curricula <\/span>used to teach <\/span>their kids<\/span>, will fail to opt-in because opt-in form itself scares them<\/span> or because they misplace it or forget to send it in<\/span>. <\/span><\/p>\n

It <\/span>would be<\/span> bad enough if a process that is biased against making important education<\/span>al<\/span> material available to students <\/span>were to <\/span>limit only those students whose parents refuse to opt<\/span> in<\/span> from seeing it. We <\/span>fear<\/span>, however,<\/span> the <\/span>bias in registering parental sentiment <\/span>about<\/span> certain books, pamphlets, or videos <\/span>would mean that a minority of parents opt-in. This <\/span>could lead <\/span>schools <\/span>to <\/span>ban<\/span> those materials entirely.<\/span> This would undermine the goals of parents who do not object to <\/span>the material in question<\/span>, <\/span>who want their kids to take sexual education courses or read go<\/span>od literature that deals with sexual and romantic life. <\/span>S<\/span>tudents <\/span>we be denied access to <\/span>material that trained educators <\/span>believe<\/span> is useful for <\/span>them. <\/span>And students who are struggling with <\/span>their sexuality and\/or identity <\/span>would have no acces to <\/span>material that could help them.<\/span><\/p>\n

I<\/span>n effect<\/span>, t<\/span>he opt-in requirement could lead to a policy in which a minority of parents, without engaging the entire community in discussion, have the ability to ban books and other materials in school libraries and school classrooms<\/span>.<\/span><\/p>\n

Our teachers, administrators, and school librarians want what is best for our children, and <\/span>they <\/span>are already working in stressful, <\/span>and <\/span>often underfunded<\/span>,<\/span> conditions. <\/span>The<\/span>ir efforts<\/span> would<\/span> be most effective if <\/span>parents and teachers c<\/span>ould <\/span>work together<\/span> for the benefit of children and teens<\/span>. <\/span><\/p>\n

The design of <\/span>Senate Bill 7<\/span> does not encourage that process<\/span>; it<\/span> stifles it.<\/span><\/p>\n

A better balance between <\/span>the interests of parents and the well-being of all children would be struck if th<\/span>e<\/span> policy <\/span>were revised in two ways.<\/span><\/p>\n

First<\/span>,<\/span> it should <\/span>require parents to <\/span>opt<\/span> out<\/span> of their <\/span>children<\/span> having access to some <\/span>material related to sex and sexuality<\/span>. It is likely that parents who are <\/span>especially <\/span>concerned about <\/span>what their kids read or view <\/span>at <\/span>school<\/span> would be those most likely to review <\/span>information sent home to them about this subject and thus would be <\/span>able to decide which materials should not be available to their children. <\/span>These parents <\/span>c<\/span>ould<\/span> use their ability to opt<\/span> out to do what they believe is appropriate for their <\/span>own <\/span>children without <\/span>blocking <\/span>other <\/span>kid<\/span>\u2019s <\/span>access to <\/span>this material<\/span>. <\/span><\/p>\n

Second<\/span>,<\/span> the process created by the bill <\/span>should be more fine-grained and <\/span>ask parents to opt<\/span> out of specific books, pamphlets<\/span>,<\/span> videos, and other materials that <\/span>their children might see in the classroom or<\/span> school <\/span>library. \u00a0The schools could give parents advance notice of such materials used in course work or available in the library and ask them to <\/span>review those materials. The school and \/ or groups concerned about material that <\/span>depicts <\/span>sexuality in the schools<\/span> could provide summaries or relevant excerpts <\/span>for parents to examine <\/span>so they could<\/span> make<\/span> specific, detailed choices for their children. <\/span><\/p>\n

This is the only way the proposed legislation would protect <\/span>the rights of <\/span>all <\/span>Pennsylvania<\/span> parents<\/span>\u2014<\/span>not just some.<\/span><\/p>\n

By requiring parents to opt<\/span> out rather than opt<\/span> in to their children having access to certain materials, and by <\/span>giving parents the ability to <\/span>opt <\/span>out of specific <\/span>books, pamphlets, videos and the like <\/span>rather than an entire, quite vague category of <\/span>material, <\/span>revised<\/span> legislation would appropriately balance the rights of parents with other importa<\/span>nt<\/span> considerations while avoiding the risk of giving <\/span>a <\/span>minorit<\/span>y<\/span> of parents <\/span>power not only to limit what their children see and read but what <\/span>every child attending the school can see or read<\/span>.<\/span><\/p>\n

\n","protected":false},"excerpt":{"rendered":"

Originally published at Pennsylvania Policy Center on October 19, 2023. The Senate is now considering SB 7, a bill proposed by Senator Ryan Aument (R-Lancaster), which would require schools to \u201cidentify sexually explicit content in school curriculum, materials, and books and notify parents that their child\u2019s coursework includes such content or that a book their child wishes to view in the school library contains explicit content.\u201d Parents would have to \u201copt in\u201d to allow their children and teens to read or view those materials as part of their coursework and in the library. Without an opt-in, the school would provide the child alternate coursework. Parents do have some rights to limit what their children read and view. And that right is protected, in part, by US constitutional law. Federal courts have recognized that a state has a right to mandate that all children receive an education that it deems is\u2026 Continue reading<\/a><\/p>\n","protected":false},"author":1896,"featured_media":158479,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"{title}\n\n{excerpt}\n\n{url}","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false,"jetpack_post_was_ever_published":false},"categories":[291],"tags":[],"class_list":["post-158477","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog-post"],"jetpack_publicize_connections":[],"jetpack_shortlink":"https:\/\/wp.me\/p35YuU-Fe5","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack_featured_media_url":"https:\/\/i0.wp.com\/marcstier.com\/blog2\/wp-content\/uploads\/2026\/09\/PennPolicyLogoFacebookAd.png?fit=1200%2C628&ssl=1","_links":{"self":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/158477","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/users\/1896"}],"replies":[{"embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=158477"}],"version-history":[{"count":1,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/158477\/revisions"}],"predecessor-version":[{"id":158478,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/158477\/revisions\/158478"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/media\/158479"}],"wp:attachment":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=158477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=158477"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=158477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}