SRFOE Raises Alarm Over Educational Censorship in the United States, Warning of Long-Term Impact on Future Generations

October 31, 2024

Washington, D.C. – The Office of the Special Rapporteur for Freedom of Expression (SRFOE) of the Inter-American Commission on Human Rights (IACHR) expresses deep concern over educational censorship in the United States, especially as emerging reports indicate an unprecedented rise in gag orders and book bans. The SRFOE has repeatedly urged U.S. authorities to create the conditions necessary for a broad, pluralistic, and vigorous deliberation on matters of public interest, including those deemed controversial. However, the current barriers to accessing, discussing, and disseminating information threaten to limit the ability of children, adolescents, and young adults to become informed, tolerant, and engaged citizens in diverse and complex societies.

In recent years, the Office of the Special Rapporteur has received annual estimates on gag orders and book bans in educational institutions across the United States. Reports from civil society organizations indicate that 47 gag orders in K-12 schools, as well as 10 additional restrictions on higher education, were implemented across 23 states between January 2021 and October 2024. These reports also suggest that at least 10,000 book bans were documented in the 2023-2024 school year, marking a nearly 70% increase from the 3,300 bans in 2022-2023, which had in turn risen from over 2,500 in 2021-2022. Much of the curricula and literary works banned or severely limited reportedly focus on racism, sexual orientation, gender identity, reproductive rights, and gender-based violence. Florida, Texas, Pennsylvania, Wisconsin, and Tennessee have been identified by civil society as the states with the highest levels of educational censorship.

The Office of the Special Rapporteur has also learned of alleged self-censorship instances, where instructors and librarians, fearing penalties from employers and authorities, have refrained from teaching content or displaying works considered “contested” or previously censored in other jurisdictions. Moreover, the Office has received reports of new restrictions on curricula and book purchases, the preemptive removal of assignments from school syllabi and of books from library collections, the relegation of certain titles to restricted library sections, and the cancellation of scholarly and literary events, such as conferences, workshops, author visits, and book fairs. Through its correspondence with the U.S., the SRFOE has been advised of the Department of Education’s role in investigating these matters and protecting students’ civil rights.

Studies received by the Special Rapporteurship contend state legislation is a key driver behind educational censorship. Multiple state laws now include provisions on “age appropriateness” that have been purportedly used by local authorities and residents to legally challenge curricula and books deemed “explicit” or “sensitive” for minors. Other state laws and policies, including executive orders, have cited “viewpoint diversity,” “institutional neutrality,” and “divisiveness” as justifications for restricting or mandating certain content in classrooms and libraries. These novel regulations have also reportedly established procedures for monitoring and objecting to curricula, acquiring and withdrawing course materials, and imposing curatorial guidelines for instructors and librarians.

The SRFOE has reasoned that a free and democratic society is defined by its capacity for broad, pluralistic, and vigorous self-reflection. Educational gag orders and book bans, as explained by the Special Rapporteur in December 2023, stifle public discourse, particularly on critical issues such as discrimination, stigmatization, and the spread of misinformation and disinformation related to race, gender identity, sexual orientation, reproductive rights, and gender-based violence. In October 2022, the IACHR and its Special Rapporteurship called on the U.S. to foster the conditions for genuine public discourse on matters affecting all citizens, ensuring the inclusion of diverse voices to address the tensions and frictions that inherently rise in society in an open and peaceful manner, respectful of human rights.

This Office is particularly alarmed by the disproportionate impact of frequently censored content in K-12 schools, colleges, universities, and public libraries on students, scholars, and authors from historically marginalized groups. These individuals are now deprived of seeing their struggles and contributions to society reflected in curricula and educational materials, while simultaneously missing critical opportunities in learning spaces to foster empathy, critical thinking, awareness-raising, and social change. In line with Inter-American standards on combatting discrimination, States have a duty to safeguard the distinct forms of expression of groups long-excluded from public discourse, promote the preservation of collective memory, and encourage greater tolerance and respect within society.

The SRFOE emphasizes that, as detailed in the relevant Inter-American standards on minors, freedom of expression is a right recognized for all individuals, regardless of age. This right, enshrined in Article 4 of the American Declaration of the Rights and Duties of Man, plays a crucial role in fostering children’s and adolescents’ ability to think independently about the issues that affect them and to understand the world through their own lens. On an individual level, it empowers them to express and exchange ideas, while on a collective level, it facilitates their ability to seek, receive, and disseminate information, engage with diverse viewpoints, and participate in society as informed citizens. In the higher education sphere, the Inter-American Principles on Academic Freedom indicate that imposing state restrictions on research, discussion, or publication of certain topics, as well as limiting access to publications, libraries, or physical and online databases, constitutes prior censorship. Such actions fail to meet the democratic standards of legality, legitimacy, necessity, and proportionality.

Despite repeated calls, the Special Rapporteurship regrets that the conditions necessary for broad, pluralistic, and vigorous public deliberation—including on topics considered controversial, shocking, or unsettling by some—remain unfulfilled, and reminds U.S. authorities of the critical need to respect human rights and uphold Inter-American standards and principles on freedom of expression. Lastly, the SRFOE warns that educational censorship poses significant long-term risks for future generations, as restricting access, discussion, and dissemination of information for children, adolescents, and young adults undermines their ability to coexist and thrive in diverse and complex societies that still require robust institutional frameworks to combat intolerance, promote social inclusion, and foster intercultural understanding.

The Office of the Special Rapporteur for Freedom of Expression is an office created by the Inter-American Commission on Human Rights (IACHR) to stimulate the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of democratic systems.

No. R273/24

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