Interview with
David Hudson, Freedom Forum Scholar
According
to the Constitution, individuals are guaranteed the right to exercise the
freedom of speech. While, in theory, we are protected against discrimination
and contravention of free speech, restrictions are often imposed on writers,
readers, editors, and publishers alike, making it difficult for them to
unreservedly express their ideas through writing.
The
censorship of books, both in educational institutions and by various
distributors, has been a controversial issue that is adamantly being challenged
by free speech advocates and organizations. The Freedom Forum is one of these
organizations, and “Free press, free speech and free spirit…are the guiding
principles,” of their foundation. We were fortunate to get an interview with
Freedom Forum scholar David Hudson, and hear his stance on the issue of
censorship in the publishing industry and understanding of the freedom of
speech under the First
Amendment.
1) What does the Freedom Forum stand for and how does
its purpose relate to the censorship of books?
The Freedom Forum is, as the website
says, "a nonpartisan, international foundation advocating free press and
speech rights for all people." One of its main programs or
priorities is funding the First Amendment Center, which seeks to enhance the
public of a greater understanding of First Amendment freedoms in
society. For example, we have much information about book banning
and book censorship on our website.
2) What is your role in the Freedom Forum?
I am a First Amendment scholar for
the First Amendment Center. I write content for the First Amendment
Center's website and speak to different groups (often students and teachers)
about First Amendment principles, freedoms, cases and issues.
3) In what ways does censorship affect the book market
and publishing world?
Interesting question -- it certainly has the potential to chill expression on
controversial topics. I am not a publisher, but have authored more than 20 books.
In my own anecdotal experience, I have been blessed to work with good editors
who did not limit much if at all. But, I think there is a realization by many
editors of the specter of censorship or at least the possibility of censorship.
Frankly, I am not in a position to say definitively how much of an impact that
has.
4) In your opinion, do companies/publishers/any form of government
(specifically educational
institutions) have the right to censor the selling and purchasing of any type
writing?
The First Amendment - and for that matter the other provisions of the Bill of
Rights - apply to protect individuals from infringements on individual liberty
(including freedom of expression) from the government, not private entities.
This is called the state action principle. It means that the
government may violate the First Amendment when it censors writing, but if a
private company censors writing, it is not a First Amendment violation.
It may be wrong, unreasonable and arbitrary, but not a First Amendment
violation.
5) Books are said to be the greatest tool for expanding
knowledge, but in your opinion can we obtained a thorough education with the
existence of censorship?
No, but sometimes incidents of censorship can be a great teaching tool about
the First Amendment and the problems associated with censorship. I agree that
censorship of books is generally not good for the educational experience.
6) What rights do writers and consumers have under the
First Amendment regarding freedom of speech in books? If any, how are those who
censor books able to disregard such rights?
The First Amendment protects what the U.S. Supreme Court has called 'the right
to receive information and ideas." Justice William Brennan
wrote of this in the famous public school library book censorship case Board of
Education v. Pico (1982). Public school students also have a First Amendment
right to not have books removed from library shelves but school officials don't
like the ideas in the books.
7) What can writers and consumers do to fight against
discrimination through censorship?
They can empower themselves with knowledge of the law surrounding book
censorship. Check
out our website. Certainly,
look at the great materials from the American Library Association and the
Student Press Law Center. Also, people need to be aware of what goes on at the
local school board level, as most complaints come from some parents to school
officials.
We may never
completely have the freedom of expression through writing so long as
differences in opinion exist. However, do we not have the right to write what
we want and read what we want? As French philosopher and literary Claude-Adrien Helvétius said, “To limit
the press is to insult a nation; to prohibit reading of certain books is to
declare the inhabitants to be either fools or slaves.”
What do you think?
Thank you to Mr. Hudson for taking time out of his schedule
to answer a few questions for us!
