Public School Defense of Porn/Obscene Materials to Minors
Ignorance or Malice
It is illegal in Oklahoma for an adult to provide obscene or pornographic material to a minor. The law is not ambiguous and there are no exceptions. This is a matter that is universal, absolute, self-evident, inherently understood by all adults; young, developing minds are not equipped for this material, are harmed by it, and must be protected from it.
So why are our K-12 Public Schools providing minors access to materials that describe or depict sex acts including heterosexual and/or gay intercourse, oral sex, pedophilia, and rape?
There is no good answer to that question.
Ignorance of the law is not a defense. The Bixby Superintendent explains to parents that this is a “First Amendment” matter (likely what the OSSBA [Oklahoma State School Board Association] has told him to say). He is wrong. Jenks Public Schools (JPS) has opted to not address the law (see below). However, to maintain a civilized society, simply choosing to ignore the laws that you don’t like has historically been frowned upon and not considered valid by our judiciary. We have a third problem in Oklahoma. Our politicians and law enforcement are not acting to hold public schools accountable for distributing/ providing access to this illegal material. When laws are ignored, the lack of courage to enforce them also destroys the fabric that binds us and eventually leads to chaos.
What is our answer as parents, school board members, clergy, politicians, law enforcement, all adults for why we are ignoring or passively allowing our public schools to illegally provide this graphic, obscene, pornographic material to our children? The Michigan Attorney General, Dana Nessel, stated yesterday at a civil rights conference that, “Drag queens make everything better. Drag queens are fun …. A drag queen for every school.” Will this be Oklahoma in 6 months or a year? How far must the sexualization of our children be allowed to progress before we remember our responsibility as adults to protect them from harm?
One School District’s Defense:
Early this year I spoke with a Jenks (JPS) School Board member regarding the volume of obscene/ pornographic materials in the Jenks High School library. Below is the email correspondence that then followed with him and also a representative of the JPS Administration.
These are what I believe to be the most relevant points related to JPS’s position on obscene/ pornographic material in its libraries:
1) This is not an urgent matter to JPS.
2) JPS Administration was made aware by a School Board Member of [a group of] parent concerns with the volume of obscene/ pornographic materials in it’s libraries sometime shortly after February 21st, 2022. (Though it had already quietly removed a problematic graphic novel, Gender Queer, sometime in late Fall).
3) JPS Administration appears unaware and/or unconcerned about Oklahoma Obscenity laws and advises “it would be up to appropriate law enforcement to address any book under the criminal statutes you reference”. This is a challenge to law enforcement to act.
4) JPS has no plans to review the process by which it selects books for its libraries. Remember: the volume of Young Adult Fiction (YAF) that include obscene/ pornographic content is increasing yearly.
5) JPS uses “philosophy and objectives of the District” as well as principles stated in the ALA (American Library Association) Library Bill of Rights to select its library material. JPS does not mention any of use of Oklahoma Obscenity Law as a guide. Why not consider Oklahoma law? The ALA is a national, left-leaning organization. The newly elected President, Emily Drabinski, describes herself as a “Marxist Lesbian”. Many of the problematic books in the JPS library are “award winners’, specifically the ALEX award. This is an “award” given by a division of the ALA for books written for adults that have a “special appeal to young adults aged 12 to 18”. Among the priorities of the ALA Library Bill of Rights (below), it believes children of any age have a right to privacy [from parents] of the books they “choose” to read.
ALA Library Bill of Rights
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.
I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.
VII. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality in their library use. Libraries should advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information.
6) JPS was given a handful of titles as examples of books currently in its high school library that have obscene/ pornographic content. JPS will not consider any issues with these books without some parent submitting a separate “Request for Reevaluation of Materials” form for each book of concern. Then, each book will be reviewed by an “Appeals Committee”, one at a time; not concurrently.
7) This is not an urgent matter to JPS. It is a nuisance.
Most area school districts follow the same policy (strategy) for how to handle library book appeals by parents: 1) A parent is required to submit a form (one book title at a time) 2) Some district committee will have a period to review and decide if the book should be kept/pulled 3) If the book is kept, a parent can appeal the decision of the committee to the School Board 4) The final decision by the School Board will make the book unavailable to be contested again for several years. This is the “whack-a-mole” approach meant to exhaust parents and make it impossible to ever rid a library of all obscene/ pornographic material. This is not sincere. Bixby had a parent submit books for review this past school year. Shockingly (to no one), both books were kept in the Bixby libraries and Bixby’s Superintendent parlayed this into a speaking engagement at the CCOSA (Cooperative Council for Oklahoma School Administrators) Conference in June (see below). Why is it a priority of School Administrators to keep obscene/ pornographic material in their libraries? Parents hands may be tied right now, but our voices are not.
I’ll end where I began: It is illegal in Oklahoma for an adult to provide obscene or pornographic material to a minor. The law is not ambiguous, and there are no exceptions.
EMAIL CORRESPONDENCE w/ JPS
Sent: Tuesday, March 29, 2022 6:06 PM
To: Terry Keeling <Terry.Keeling@jenksps.org>
Cc: Stacey Butterfield <Stacey.Butterfield@jenksps.org>
Subject: Obscene Books in JPS HS Library
External Email - Think before you click
Terry,
At its February 21st meeting, the Republican Women’s Club South Tulsa United (RWC) asked a Bixby Mom to speak about her experience with attempting to have obscene books removed from that District’s library. As she finished, several in the audience asked about Jenks Public Schools (JPS). She responded that JPS was worse (meaning, has even more Titles available than Bixby). After the RWC meeting, you and I spoke briefly about the chance to meet to discuss some of the books currently in the JPS High School Library.
Since that meeting, I know this has become more of a “hot topic” around JPS. There are those who have labeled any concern with library books as an insincere attempt at “book banning”, or suppression of ideas. But if you remember from the RWC meeting, the books that concern parents are because of the obscene content (graphic, profane, obscene language and explicit sexual descriptions), not “ideas”.
I’m attaching an article written about a month ago that better details the “obscene books” issue and provides relevant Oklahoma law, JPS policy, and two specific text examples from books sitting in the JPS High School library. For me, as a Mom, reading these made me nauseous.
Please know, no one is asking for any librarian, school board member, administrator, or other employee to be “arrested” for providing these materials (social media fodder). The reason for sharing the law (and policies) is as a reminder that this matter has already been considered by the legislature (and JPS). As a community, and as a State, we have already decided this material is obscene and thus inappropriate for minors.
The volume of young adult fiction books being written now that include obscene language and explicit sexual descriptions is increasing. Any attempt to combat this issue one book title at a time (after the fact) will prove pointless. It’s clear that there need to be new procedures for book selection. When this matter first drew national attention last Fall, I was once again grateful to be living in Oklahoma and specifically Jenks. I knew these books would not be at JPS. Then I did a quick search of the JPS High School library and found “Gender Queer”. This book has since been removed (as of December). Whatever prompted JPS to remove that book, my sincere hope is that this will be used with additional titles and also be used proactively to prevent these titles from entering JPS schools. JPS could/should once again set the standard.
I look forward to your attention to this matter,
From: Terry Keeling
Sent: Tuesday, March 29, 2022 10:01 PM
Cc: Stacey Butterfield
Subject: RE: Obscene Books in JPS HS Library
Good evening. I remember our conversation after the RWC meeting regarding the concerns of Janice Danforth. I made the administration aware of our conversation that we had immediately following the RWC meeting. As a seated board member, I cannot discuss specific issues on books that might ultimately come to the board level for review. If this were to happen, then I would have to recuse myself from any review/vote on the topic. We encourage parents of Jenks students to express their concerns to the administration related to these issues and I would direct you to board policy 1.25 titled Instructional Materials Selection and Review. As I mentioned at the meeting, if there are inappropriate materials in our libraries, the administration needs to be made aware. Unfortunately, Stacey Butterfield is out of town on personal business . I am sure that she will make sure that this gets to the appropriate people in the administration. I will also share this with Suzanne Lair. I appreciate you reaching out and I will make sure that someone within the administration responds to your concerns.
Regards,
Terry Keeling
Sent: Wednesday, March 30, 2022 2:14 PM
To: Terry Keeling
Cc: Stacey Butterfield
Subject: RE: Obscene Books in JPS HS Library
Terry,
Thank you for your email. And it’s good to hear that the Administration is aware of this issue. It is my sincere hope that they are already taking action to remove the obscene materials currently in our High School library (e.g. What Girls Are Made Of, Crank, Lawn Boy, Heart Stopper, All Boys Aren’t Blue, All American Boys, The V-Word, etc.), and establish new procedures to prevent new titles from entry.
Jenks policy makes it clear that obscenity is not tolerated by our District (see below). This makes sense not only morally but also legally.
As always, thank you for your time & additional help in working with Administration.
With gratitude,
Jenks High School, Freshman Academy and Alternative Center Student/Parent Handbook 2021-22
INSTRUCTIONAL MATERIALS SELECTION AND REVIEW
Pg 21
Materials are to be selected to meet the curriculum objectives. Materials are also to be selected to meet District core values as approved by the Board of Education. The District core values are compassion, courage, inclusiveness, integrity, perseverance, respect, responsibility, self-discipline, teamwork, and sportsmanship
2. Library media materials will be of high artistic/literary quality and superior form. Selection of these materials will consider stimulating presentation including imagination, vision, creativity, and style appropriate to the idea. Selection of materials will be made by consulting standard review sources and recommendation lists.
DISTRIBUTION BY STUDENTS OF WRITTEN MATERIALS IN SCHOOL FACILITIES
Pg 79
Current judicial decisions hold that public school students have a constitutional right to distribute written materials in school facilities, subject to reasonable regulation by school authorities of the time, place, and manner of distribution and subject to certain restrictions concerning the content of the material.
The distribution of written material shall not be restricted or denied solely because of the political, religious or philosophical content of the material. However, students must realize that rights go hand-in-hand with responsibilities and that students have a responsibility to refrain from the distribution of written material which is: Obscene to minors, meaning material which, taken as a whole, lacks serious literary, artistic, political or scientific value for minors; and when an average person, applying con- temporary community standards, would find that the written material, taken as a whole, appeals to an obsessive interest in sex by minors of the age to whom distribution is directed; Libelous, meaning a false and unprivileged statement about a specific individual which tends to harm the individual’s reputation; Vulgar, lewd or indecent, meaning material which, taken as a whole, an average person would deem improper for presentation to minors because of sexual connotations or profane language.
Students who violate this policy will be subject to disciplinary action, including suspension.
DRESS CODE
Pg 80
2. Students are not allowed to wear:
d. Clothing with images or language that depict pornography, nudity, or sexual acts.
h. Clothing with violent images or language (including profanity).
Network and Internet Access - Terms and Conditions
Pg 93
Inappropriate Material
Access to information shall not be restricted or denied solely because of the political, religious, or philosophical content of the material. However, system users must realize that rights go hand-in-hand with responsibilities and agree not to use the District system to access information or to distribute information or material which is: 1. Obscene to minors, meaning material which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors and when an average person, applying con- temporary community standards would find that the written material, taken as a whole, appeals to an obsessive interest in sex by minors. 3. Vulgar, lewd, or indecent material which, taken as a whole, an average person would deem improper for access by or distribution to minors because of sexual connotations or profane language.
The system user acknowledges that any violation of this policy may result in access privileges being revoked, disciplinary action being taken, or criminal prosecution
From: Suzanne Lair
Sent: Friday, April 1, 2022 12:48 PM
Subject: Follow-Up
Good afternoon. I want to introduce myself (Suzanne Lair) as I do not believe we have had an opportunity to meet. I assumed Dr. Lisa Muller's role as the new Assistant Superintendent for Educational Services back in July 2021.
On behalf of Dr. Butterfield, I want to let you know that we received your email, are taking time to review it, and will follow up next week.
Best,
Suzanne Lair
Suzanne Lair, M.S.
Assistant Superintendent for Educational Services
Jenks Public Schools
205 E. 'B' Street
Jenks, OK 74037
918.299.4411 ext. 2259
From: Suzanne Lair <Suzanne.Lair@jenksps.org>
Date: April 12, 2022 at 10:01:15 AM CDT
Subject: Re: Follow-Up
My apologies for the delay in response. We have reviewed your emails and your attachment, Morality Matters. While it would be up to appropriate law enforcement to address any book under the criminal statutes you reference, I can address how Jenks Public Schools’ media specialists select books for inclusion in our media centers (libraries) as well as the review process for anyone (parent, student, teacher, administrator, patron) who has concerns about the appropriateness of instructional materials, including books in our media centers.
When selecting instructional materials, including library resources, JPS professional staff adhere to the philosophy and objectives of the District and the principles stated in the American Library Association’s Library Bill of Rights as the basis for their materials selection. Instructional and resource materials are selected based on the interest, information, and enlightenment of all JPS students. The professional staff of the school seeks to meet the following objectives in materials selection:
1. To provide materials that implement and support the approved curriculum scope and sequence and classroom activities;
2. To provide materials that offer enrichment for the students, taking into consideration individual needs, interests, abilities, backgrounds, vocabulary, and maturity levels of the students served;
3. To provide materials that attract students to performing, reading, viewing, writing, and listening as sources of information, pleasure, and recreation;
4. To provide resource materials for the professional staff.
Both the initial selection of instructional materials and the reevaluation of such materials are addressed in policy, 1.25 INSTRUCTIONAL MATERIALS SELECTION, AND REVIEW. I have attached the policy for your reference, but I will briefly summarize the “appeal” process where a patron can ask for a reevaluation of materials.
In order to initiate the appeal process under this policy, one must complete the “Request for Reevaluation of Materials.” This form may be obtained from the JHS Site Principal’s office. Should an individual choose to initiate this process for each of these titles that you have identified, please understand that the appeals committee will be unable to review these books concurrently, as this thorough review process is done outside the normal teaching day for JPS employees.
At the conclusion of its review, the committee will make a decision/recommendation concerning the challenged material. This will include one of the following: leave the material as it is making no restriction; recommend appropriate grade levels for placement of the material; remove the material.
I recognize that you have not asked for a recommended review of each of these titles, but rather have asked that we remove these books without review and change our future process and procedure for book selection. Please know that the JPS Administrative Leadership Team is continually reviewing policies and best practices in all academic and instructional areas as we strive to continue for excellence. While there is no present plan to change the process for selecting books, I still want you (and, any JPS patron) to have the information required to request a reevaluation of material that in your opinion, is inappropriate.
Please let me know if you have additional questions.
Suzanne Lair
Suzanne Lair, M.S.
Assistant Superintendent for Educational Services
Jenks Public Schools
205 E. 'B' Street
Jenks, OK 74037
918.299.4411 ext. 2259