Part 3. Parent Protests Examined: The difference between success and failure when going to bat for your kids at school

Updated May 7, 2014. 2:17 PM                                    

By Speedy Scott,  globalmicroscope@gmail.com

WARNING:  This post contains adult content not intended for persons under 18 years of age.  If you are a minor, please ask a parent or guardian before reading further.  

Preparing for battle.  In the midst of controversy over "harmful materials" assigned to 7th graders at RSM Intermediate (see articles dated April 21 and 29), parents of Rancho Santa Margarita, CA, are asking if citizens have been caught off guard by sexual or violent subject matter at schools in other districts.  They are demanding to know...  Has this path been tread before?

The short answer is yes, and parental protests can be divided into two categories:  (1) appeals made to local administrators, and (2) court cases involving judicial decisions meant to clarify the role of government.  In the latter, the question about which is more important--the protection of  free speech or the protection of children--has made it all the way to the US Supreme Court.  When these two moral imperatives are pitted against each other, however, the outcome is never easy to predict.

The 1st Amendment vs. the Protection of Minors.  The issue of parental vs. administrative control over school curriculum seems to boil down to what, exactly, is "harmful" to minors.  This is much more difficult to distinguish than whether or not free speech is being inhibited, which makes it more difficult to adjudicate.  It varies from child to child, though experts can often agree on basic guidelines.

Thanks to the difficulty of defining "harmful," child advocates tend to face uphill battles.  Even when school assignments are obviously inappropriate, not to mention anti-educational, a successful protest requires a certain amount of voodoo.  Here are a few examples of wins and losses across the country, just to illustrate the intensity and breadth of such efforts:

Cases Involving Parents and Public School Administrators

Protest #1, In progress (going badly):  Gilford High School,  New Hampshire, May 2014.  As reported on May 6, an attorney named William Baer became furious when he learned that his 14 year old daughter had been assigned the adult novel, Nineteen Minutes.  Parents were given no warning about the content their children would be reading, including the following excerpts:

Angry dad arrested.  (Source: marketfaith.org)

"She could feel his erection, hot against her stomach."
"Yeah," he groaned, and he pushed her thighs apart.  And then suddenly Matt was inside her, pumping her so hard that she scooted backward on the carpet, burning the backs of her legs."
"...Semen, sticky and hot, pooled on the carpet beneath her."

The consequences of assigning Nineteen Minutes to a class of 14 year olds (without parental warning) would seem predictable:  disturbed children and upset parents.  Very upset parents.  And sure enough, this is exactly what happened.  William Baer attended a school board meeting, and requested to speak.  He was
allowed only 2 minutes to comment.

When Baer exceeded the limit and proceeded to debate with another parent who supported the book, he was placed under arrest.  (Note the irony of enforcing "free speech" in schools by taking away the same right from a father.)

Baer's plight led to a media investigation, and here's what happened next:

1.  A reporter asked the Superintendent his opinion on the matter, and he replied:

"I'm not going to make a decision on pornographic material..." and, "It's a decision of the local community."

2.  The school board then released a statement:  "The School District policies IGE, IJ, IJA, KEC (available on the school district website) refer to the procedures for the use of novels containing controversial material. The district will take immediate action to revise these policies to include notification that requires parents to accept controversial materials rather than to opt out.  Furthermore, the notification will detail more specifically the controversial material."

Clearly, William Baer's protest is not going well--and he's an attorney.

(Source:  Todd Sarnes, FoxNews.com.)

(A special thank you to a local reader for the heads up on this article!)

Buena High School (Source: Buena80.com)

Protest #2, Successful:  Buena High School of Sierra Vista, Arizona, 2013.  One mom launched a successful protest against sexually explicit literature, with some violence, assigned to 10th graders.  The outcry was inspired by a single assignment, Dreaming in Cuban, by Cristina Garcia.  The book is currently recommended as Common Core curriculum for 11th grade (Click here to access the Common Core literature list.)  Excerpt:

"Hugo and Felicia stripped in their room, dissolving easily into one another, and made love against the whitewashed walls.  Hugo bit Felicia's breast and left purplish bands of bruises on her upper thighs.  He knelt before her in the tub and massaged black Spanish soap between her legs.  He entered her repeatedly from behind. 

Felicia learned what pleased him.  She tied his arms above his head with their underclothing and slapping him sharply when he asked. 

'You're my bitch,' Hugo said, groaning.
In the morning he left, promising to return in the summer."

Source:  Alice Linahan and Donna Garner on the Women On The Wall radio show. (http://www.breitbart.com/Big-Government/2013/09/12/Arizona-School-District-Pulls-Sexually-Explicit-Book-Recommended-by-Common-Core-Standards)

Cover, low resolution. (Source:Wikipedia)

Protest #3, Unsuccessful:  Middle School, District 97, Illinois, 2013.  Seven parents launched a protest over the assignment of Walter Dean Myers' book, Monster, for the education of 7th graders.  The book was a classroom staple for 5 years before parents objected to the book's, "violence, drug use, sex among minors, racially offensive language and other mature themes."  Objections were also made to related classroom discussions, especially regarding portions of the book involving gang rape and machine gun threats.

According to Terry Dean, staff reporter for Oakpark.com, school officials largely rebuffed the parents' objections:

"The parents filed their request on April 16, asking that the book be replaced with something 'more appropriate' for young children. A committee that included teachers and administrators was then established to review Monster, a process that took about three weeks. 

The committee ultimately concluded that the book is appropriate for D97 seventh graders. Until now, the district had not received any complaints from families about the novel, according to Chris Jasculca, D97's director of communications. He said the book was chosen by the district's literacy committee, which includes language arts teachers. 

'The committee was in search of a drama to include on the novel grid for seventh grade and selected Monster based on a number of factors, including that it is age-appropriate, won a number of awards, is a high-engagement book for students, and provides an opportunity to discuss social and emotional issues in an appropriate setting,' Jasculca said.

Daniels, however, said the parents asked to be notified prior to last Tuesday's school board meeting. The administration's decision was also presented to the board at that meeting but as an FYI — the board does not vote on novels used in classrooms."

According to this article, the literature committee decided to uphold the use of Monster in the classroom.  In response to the parental complaints, they also moved to offer 7th graders an alternative book, but still require them to remain in the classroom during discussions of Monster.  The committee also issued a statement encouraging teachers to read "pre-approved" books before assigning them to the classroom.

  

Influential Court Decisions

One of the most vocal opponents of parental influence over school curriculum is the American Library Association (ALA).  In the beginning of last month (April 2014), it was easy to access their web-based advice on how to deflect the anger of parents intent on "censorship," (www.ala.org).  A lengthy, committee-based appeal process was recommended--a process so obviously personal, subjective and slow that, in the ALA's opinion (remarked online), it should discourage most parents from complaining in the first place.

Shortly after the publication of "Homosexual Torture, Execution, and Prostitution:  Defended by Middle School Principal...," the ALA removed the page outlining its advice to discourage parents with a lengthy red-tape process.*  In fact, these subject titles still remain, but the links to them have been broken:

What You Can Do to Oppose Censorship 

Strategies and Tips for Dealing with Challenges to Library materials* 

Reporting a Challenge

Now it appears that the ALA's policy has changed somewhat, and can be found here:

http://www.ala.org/offices/oif/ifissues/issuesrelatedlinks/censorshipschools

Fortunately, the American Library Association also provides information on court cases that clarify when "free speech" is against the law.  Online, they present a chapter entitled, "When is Speech Unprotected?  Obscenity and Indecency."  The following cases are directly applicable to the raging controversy in Rancho Santa Margarita, CA:

1.  Ginsberg v. New York, 390 U.S. 62, 20 L. Ed. 2d 195 88 S. Ct. 1274 (1968):  The Supreme Court upheld a New York State statute preventing retailers from selling sexually explicit publications to minors (17 or under).  The court found that the US Constitution cannot interfere with a state's right to restrict children's access to such publications in light of the state's interest in safeguarding children's welfare and supporting parents' claim to aurthority in the rearing of their children.

2.  Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37, L.Ed.2d. 419 (1973):  In this case, the U.S. Supreme Court outlined a three-part definition of obscenity.  First, the average person, applying contemporary community standards, must find that the work, taken as a whole, appeals to prurient interests; second, that it depicts or describes, in a patently offensive way, sexual conduct as defined by state law; and third, that the work, taken as a whole, lacks serous literary, artistic, political, or scientific value.  The Court ruled that community standards and state statutes that describe sexual depictions to be suppressed could be used to prosecute Miller, who operated one of the largest West Coast mail order businesses dealing in sexually explicit materials.

Note:  The definition of "obscenity," above, is repeated almost verbatim in CA state statutes pertaining to materials harmful to minors.

 3.  New York v. Ferber, 458 U.S. 747, 102 S.Ct. 3348, 73 L.Ed.2d 1113 (1982):  In July 1982, the U.S. Supreme Court upheld a conviction against a man named Ferber for showing a movie depicting two young boys engaging in explicit autoerotic conduct. The film itself was not judged obscene for adults, but the Court made the distinction between what was obscene if children were the participants compared with if adults were the leading actors.

Right Here in Rancho Santa Margarita, CA

In light of the above cases, several questions must be asked regarding the use of Michael Crichton's Timeline to teach 7th grade history:

1.  Does the book qualify as "harmful" to minors?  Potentially yes, if the answer is affirmative to the following:

     A.  If taken as a whole, does it appeal to prurient interests?

     B.  Does it depict or describe, in a patently offensive way, sexual conduct?

     C.  Does the work lack serious literary, artistic, political, or scientific value?

2.  Does the book involve the depiction of minors?  

It is the position of this author (and only this author) that the book, Timeline, fails every criteria important to both administrative school officials and courts.  As mentioned in previous articles here on Global Microscope, the book depicts the execution of a man by ramming a hot poker up his rectum.  It also depicts both children and pregnant women subjected to evisceration.  The work as a whole can easily be interpreted as appealing to prurient interests; sex and violence are virtually indistinguishable in the book, and liberally distributed throughout the story.  

Does the work lack serious literary, artistic, political, or scientific value?  Absolutely.  It was written for entertainment, with a target audience of persons over 17 years of age.  Scholarly references are included at the end of the book, but no in-text annotations are provided so that a reader can separate fact from fiction.

It might be advisable for concerned parents of Rancho Santa Margarita to prepare for battle.  The administration of RSM Intermediate was informed of parental concerns, and of the excruciatingly inappropriate contents of Timeline.  As of May 6, the book is still in classroom service, without explanation from school officials.

Thank you for your time.

~Speedy Scott

Please feel free to contact me here:  globalmicroscope@gmail.com

Part 2. Disappointed, Speechless: Public Reaction to Porn & Torture Content of Materials at RSM Intermediate, SVUSD

(Updated May 1, 2014)

By Speedy Scott,  globalmicroscope@gmail.com

Overview.  This month--April 2014--Dr. Jameson, Principal of RSM Intermediate, stated his administrative policy:  "...it [is] impossible to set criteria for restricting use [of media] based upon age alone."  As you might imagine, the publication of this policy has inspired strong opinions among community members, not to mention urgent questions: 

1.  Is Principal Jameson's statement consistent with California law?  
2.  Is it right for our kids?  

Recap.  To assist in answering these questions, a brief sample of the RSM materials assigned or shown in history class is detailed below.    The ages of the children involved are generally 12 to 13.

1.  Pornography, Horror / Michael Crichton's Timeline:  

Low-resolution image from Wikipedia thought to
 qualify as "fair use" under US copyright law for
non-profit book identification purposes.

"He was imprisoned and killed.  His captors didn't want any sign of foul play, so they stuck a tube up his rectum and inserted a red-hot poker into his bowels until he died.' 

Kate shivered.

'He was also gay,' Marek whispered, 'so it was thought the manner of his execution demonstrated great wit,'" (p.210, 48%).

2.   Horror / Michael Crichton's Timeline:

"While they waited, Chris felt something drip on his shoulder.  Looking up, he saw a man hanging directly above him, twisting slowly on a rope.  Urine dribbled down his leg.  Chris stepped away from the wall and saw half a dozen bodies, hands tied behind their backs, hanging from ropes tied to the second-floor balustrade," (p. 343, 77%).

3.   Torture / Barbarians--The Mongols, a History Channel production:   

Audio voiceover:  "A special fate is assigned to the greedy governor; dragged from his hiding place in the citadel, he is held down as molten silver is poured into his ears and his eyes."  

Visual/audio:  A man is shown being carried, tied to a stick.  He is then set down on the ground, and held down by a group.  The camera pans to a dipper of molten metal, which begins to pour.  The audience hears blood-curdling screams.  (Clicking the title, above, will take you to the film on YouTube.)

A community reacts.  When children experience disturbing events, it can be difficult to discuss.  Even parents of children in middle school are often isolated, with little ability to reach out to other parents and ask, "Am I the only one concerned about this?"  For that reason, I have copied a representative sample of Face Book comments to the April 21st article, below:

1.  KKB:  "Oh my gosh.  I lack the words for a response."

2.  SKW:  "Wow...I'm disappointed."

3.  ALC:  "With the availability of vast amounts of reading material it seems like more than two books could/should have been listed for honors approval.  Deciding between bad and worse seems unnecessary."

3.  MM:  "Wow...unbelievable.  And I thought LAUSD was the "careless" district:-/

4.  TR:  "I want to defend RSM a little bit by saying that my daughter had two great years there with no experience like this..."

5.  HL:  "I use an app called 'kids media' to get ratings on everything from apps to books to video games.  It gives very detailed information about themes and specific words.  The age appropriate scale slides up to 17. It's interesting that the book in question "Timeline" doesn't have a rating listed under books.  Must be too mature.

6.  DA (Teacher):  "Such a complex topic.  I think adults often assume that because a child can read at a high school level, that allows us the freedom of letting kids read "whatever".  Just like parents, teachers do need to think about the content and whether or not it is something a child can emotionally handle, regardless of their reading ability.  That being said, I continue being amazed at parents who let their five year old read Harry Potter or their 3rd grader read Twilight [just] because they can.

7.  DC (Former teacher):  "The teacher/school clearly went against the state dept. of ed. recommendations.  A complaint would not be out of order..."

8.  DK (Former School Board Director):  "Wow - thanks for sharing!!  When I served on the school board, it was so disappointing the other Directors would not take home the novels we were being asked to approve, and review them!  Unfortunately, the other Directors bought into the belief it was micromanaging and second guessing the administration and the Curriculum Instruction Material Committee, making me a lone voter against many novels!"

9.  DC:  Just want to input, that at 18, I went and checked out every single censored from High School curriculum book, in the mid and late 70s and read them.  And where possible, I read them before I graduated, when I could buy them.  With my parent's permission.  I was not harmed in the least, I don't think.  I do agree with respecting parental prerogatives, and would support the assigning of any book known to be controversial, to require parental permission.  My strict and observant Catholic parents, never censored anything in literature, but some strident conversations did come about, and were good.  I never censored my children, and I have raised independent thinkers and am so proud of this.  Truly, it gives me great satisfaction to have well informed, and exposed to children.  But as said, I would bow to parental prerogative.  

10.  DK (Former School Board Director):  ...this is not about banning books or censorship, and those trying to portray it as such, are merely trying to refocus the conversation.  One only has to read this part to understand it's clearly inappropriate - "His captors didn't want any sign of foul play..."  Parents should be in arms, and not just for their own children, but do you really want your child's fellow students reading that such behavior is viewed as "great wit"?

11.  DC:  Hopefully most parents would say no on a permission slip.  Any controversial book, video, activity, should be deferred to parental decisions...I have no problem with parental permission being required.  I do have a problem with censorship.  Censorship is a parental prerogative.  Parenting choices respected.  And no, I would not want my children's classmates to read such ugly spew..."

So...What are we going to do?  Written letters of complaint have been sent to the Principal of RSM Intermediate, the Superintendent, and all members of the School Board.  The only response received to date is the one from Principal Jameson, in which he states age guidelines are "impossible."  In order to protect our children, however, it may first be necessary to examine state and federal laws as they pertain to children and teachers:


California Penal Code, Section 313-313.5, covering the fines and jail time associated with showing harmful materials to minors.  The issue hinges upon several factors, including:

(1) Intended audience.  According to the CA Board of Education, Crichton's Timeline was written for a mature audience.  State recommendations on the use of cable movies in the classroom have not yet been located, but The History Channel production was probably produced for the entertainment purposes of individual, paying customers.

(2) Contribution to education.  Unlike anatomical drawings shown in health class, both forms of media contain fictional or dramatic elements that range from fantasy to unsupported conjecture.  Some of the information was obtained from academic sources--but both author and producer intended the transition from fact to fiction to be seamless.  In the context of a 7th grade history class, it is difficult to argue that presenting fiction as fact is educational.

(3) Intent.  The exact intent is not known, but it is quite possible--even likely--that the two history teachers intended nothing more than to use popular media to inspire student interest in history.  Plus, commercial profit was definitely not an issue.  Other possibilities are quite awful, however, and impossible to confirm or deny without more information.  If it weren't for the Principal's message (reprinted in the previous blog; family names have been changed to protect the identity of a minor), it would likely not have entered the community discussion.  Here's why:

Conflict of interest.  All honors classes are known to be "weed-out" classes.  According to the presentations of teachers at Back to School Night, students must do much more than make good grades.  If their level of participation is viewed as insufficient, they will not receive permission to continue honors-level work the following year.  In this atmosphere, students and parents are much less likely to protest inappropriate material, fearing their children will be judged too immature to continue the honors program.

Subjective evaluation.  Since honors students are are already being evaluated subjectively, the next question is whether or not shocking, violent, sexual media is being used to further cull the honors-student population.  Given the administration's position on the topic, parents are wondering if the ultimate intent of the school is to foster voluntary drop-outs.

Another possibility is that disturbing, adult materials are being used as a rite of initiation.  If any group is being humiliated or embarrassed because they show aversion to torture and pornography in class--even 7th graders in general--then hazing may be an additional issue to consider.

Author's note (May 1st):  A group discussion on Timeline is still scheduled to take place in the classroom, at a future date.


More information on how the State of California defines "harmful materials" can be found here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=313-313.5

Information on hazing can be found here:

National Federation of State High School Associations: 

 http://www.nfhs.org/content.aspx?id=3775

According to the NFHS:

1.  The definition of hazing:  "The Federation defines hazing as any humiliating or dangerous activity expected of a student to belong to a group, regardless of their willingness to participate."  (Author's note:  emphasis on humiliating.)

2.  Connection between bullying and hazing:  "In many respects, hazing is similar to bullying, but hazing has the tendency to be institutionalized form of harassment/intimidation centering on initiation rights connected to certain school clubs and activities.  Hazing can be seen as an organized form of bullying.  One difference between these behaviors is that bullying typically attempts to exclude a person from the bully's activities while hazing is often a condition of acceptance or initiation into a group."

Thank you for your time.  Please note that this article was not posted by a lawyer--just a concerned parent and member of the RSM Intermediate STPO, working to inform our community about matters we care about most.

~Speedy Scott