Judge blocks Elizabeth School District’s book ban, citing free speech violations

A federal judge has issued a preliminary injunction and ordered the Elizabeth School District to lift its ban on 19 books from school libraries. The district, located in eastern Colorado’s Elbert County, removed the books from shelves at the beginning of the school year.

According to the school board, a curriculum committee banned the books for containing graphic violence, racism/discrimination, ideations of self-harm or mental illness, and sexual content. The ban included “The Hate U Give” by Angie Thomas, “Beloved” and “The Bluest Eye” by Toni Morrison, “Thirteen Reasons Why” by Jay Asher, and “#Pride: Championing LGBTQ Rights” by Rebecca Felix.

The ACLU of Colorado filed a federal lawsuit in December claiming the district's actions violated federal and state free speech protections.

“This is a major victory for the students of Elizabeth and all Coloradans,” Colorado Legal Director of the ACLU Tim Macdonald said in a statement. “School districts that ban books because the officials disagree with the content or viewpoints expressed in those books do a disservice to students, authors, and the community. Such book bans violate the Constitution—period.”

The injunction is a temporary win for the ACLU while the case moves through the courts. The organization represented C.C., a student at Elizabeth High School; E.S., a student in the district; the Rocky Mountain NAACP; and the Authors Guild, a nationwide professional organization for writers that advocates for free expression and copyright protection. In the order, the federal judge, U.S. District Judge Charlotte N. Sweeney, said. “The Court orders the District to return the removed books to their respective libraries no later than March 25.”

Additionally, the court order prohibited the district from removing additional books from various school libraries “because the district disagrees with the views expressed therein or merely to further their preferred political or religious orthodoxy.”

Elizabeth School District Superintendent Dan Snowberger said they are “still reviewing the decision with our attorneys.”

Snowberger said that the district “respects the judge’s order,” but added they were "disappointed" the district was not able to “explain the board’s decision and the careful and transparent process it followed before removing the books” in court ahead of the injunction. 

According to Snowberger, the district plans to appeal.