ACLUAge Appropriate Materials ActAmerican Civil Liberties UnionCody YorkFeaturedFoundation for Individual Rights and ExpressionNational Coalition Against CensorshipPENRutherford CountyRutherford County Library BoardRutherford County Library System

Rutherford County Library Board Goes Back On Removal Of Transgender Books After ACLU & PEN America File Lawsuit

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The Tennessee Conservative [By Adelia Kirchner] –

This week, the Rutherford County Library Board went back on their March 17th decision to remove materials promoting, encouraging or advocating for transgenderism and any materials that could create gender confusion for minors.

The board’s decision to remove these books received praise from some local residents and condemnation from others, drawing national attention from free speech rights organizations like the Foundation for Individual Rights and Expression (FIRE) in Philadelphia and the National Coalition Against Censorship (NCAC) in New York.

FIRE Director of Public Advocacy Aaron Terr even wrote in a letter to the Rutherford County Library System (RCLS), that the board was violating the 1st Amendment and their own policy with the decision.

On April 16th, the American Civil Liberties Union (ACLU) and PEN America filed suit against the Rutherford County Board of Education on behalf of three local families over the March decision to remove and restrict access to over 145 titles in school libraries across the county in compliance with the Age Appropriate Materials Act.

The lawsuit alleges that recommendations from a website linked to conservative group Moms for Liberty influenced the board to remove and restrict the materials without reading them and that the book removals violate the 1st Amendment.

“Book bans are a clear violation of the First Amendment, effectively gagging authors and denying students the opportunity to read, debate, and learn from crucial, acclaimed, and historical works,” said PEN America co-counsel Kerry Knox“Denying Tennessee students access to the same materials as their peers puts them at a significant disadvantage as they develop into future community leaders.”

During a June 2nd meeting, the Library Board voted in favor of rescinding their previous decision. 

Legal counsel reportedly advised the board to do so due to the chances of them losing the lawsuit at hand.

Tatiana Silvas, a 10-year Rutherford County English teacher who previously spoke in opposition of the board removing transgender materials, noted the cost of the lawsuit.

“With our budget of $4.2 million each year, just one lawsuit could pull over 11% of our annual budget,” said Silvas. “This means that Rutherford County taxpayers will foot the bill if you choose to go to trial with this lawsuit and lose.”

Prior to going back on the March decision, the board voted for Cody York to become the next chairman by July with a 5-3 majority. 

York was a major advocate of the March decision and had previously promised that in this role he would lead the board in creating new policies to protect children.

About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.  You can reach Adelia at adelia@tennesseeconservativenews.com.

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