ACLU challenges Cleveland schools over removal of magazine

[liberal N proud]

The ACLU said the First Amendment was violated when Brian Sharosky, principal of Roxboro Middle School, confiscated the November issue of Nintendo Power magazine. The magazine covers the world of Nintendo video games, from previews and ratings to secret codes and short cuts.

"Literature should not be removed from a school library simply because one person may find it inappropriate," said Christine Link, ACLU of Ohio executive director, in a statement last week. She called for the board to "immediately order that the magazine be reinstated."


Sharosky deemed that particular issue unsuitable for students in grades six to eight because of a "violent figure" on the cover and content about a game that's rated for mature audiences, according to district spokesman Michael Dougherty

The librarian objected, maintaining that staff members -- including the principal -- are supposed to follow the policy for challenging a publication. That starts with submitting a form to the superintendent and ends with a decision by the school board.

The Cleveland Heights Teachers Union sided with the librarian, but the administration and board have backed the principal as the issue has festered over the past few months.

A December statement from the board said the policy applies to community members who question a publication's suitability or value, but the principal still is responsible for acting in the students' best interests day to day.

"In point of fact, the issue here involves an incorrect reading of the board's policy which would remove the authority of a building administrator to make necessary judgments about age-inappropriate materials in a timely fashion," Dougherty said.

He said his response had to be limited because the district is being threatened with a lawsuit.

Jeff Gamso, the ACLU's legal director, said the policy applies to the principal, but if it doesn't, the district needs one that does.

"The principal doesn't get to say, 'Whatever I say goes,' " Gamso said. "There's got to be some mechanism by which decisions are made and a process of review. Or maybe tomorrow it'll be ' "Hamlet" -- that's an iffy play.' "

Those who label Cleveland Heights a bastion of liberalism may find some irony in the school board being criticized by the ACLU. But Gamso doesn't see it that way.

"People may believe we're a wildly liberal organization on the left end of the political spectrum, but that's not true," he said. "We're taking a very conservative point of view. Obey the rules -- that's what we're talking about here."

http://blog.cleveland.com/metro/2009/03/aclu_challenges_cleveland_htsu.html

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[Idir]

1. First Amendment

Rest in peace.