Trump Administration Rescinds Civil Rights Guidance Addressing Book Bans, Despite Book Ban Surge

2023 Rally for Our Rights organized by Orange County high school students, Florida Freedom To Read Project, and Voters of Tomorrow. (Photo Courtesy of Stefana Ferrell)

IN BRIEF: Last week, the U.S. Department of Education rescinded all guidance previously released by the Office for Civil Rights (OCR) that said school districts can violate civil rights laws by implementing book bans. The new administration also dismissed 11 complaints, calling them a "hoax,” and eliminated the book ban coordinator position created by the Biden Administration in 2023.

WHY IT MATTERS: Book bans are on the rise. These bans disproportionately target books written by authors of color and LGBTQ+ authors, and the 2023-2024 school year recorded the highest instances of book bans in recent history. Since 2017, more than 20 states have adopted laws or policies to restrict discussions around race, sexuality, and gender inequalities in classrooms. Pushing back against book bans is critical, as the freedom to learn about our nation’s shared and diverse histories, heritages, and cultures fosters better understanding, cultural awareness, and unity — not the divisiveness critics imply.

MOMENTUM: Black communities, LGBTQ+ communities, and other communities of color have long fought to ensure their identities are included and valued within America’s multiracial democracy. Even as these censorship attacks rise, affirmative legislation, like New Jersey’s passage of the Freedom to Read Act, will continue to be fundamental in protecting truthful, inclusive education.

LDF AT WORK: LDF is fully committed to defending truthful, inclusive education in the classroom. Just this week, LDF and local co-counsel filed a lawsuit in South Carolina on behalf of a group of educators, students, the South Carolina NAACP, and an author to challenge the State’s Budget Proviso 1.79, which has been used to censor education in K-12 public classrooms. The Budget Proviso, which has been renewed by the state legislature for three consecutive years, prohibits public educators from teaching certain subject matter about race and gender inequalities.