A project of the National Coalition Against Censorship

CO-SPONSORED BY
American Booksellers for Free Expression
Comic Book Legal Defense Fund
Association of American Publishers

November 30, 2015

Dr. James Merrill
Superintendent
Wake County Public School System
5625 Dillard Drive
Cary, NC 27518
Email: jmerrill@wcpss.net

Dear Dr. Merrill and Members of the Wake County Board of Education,
As organizations dedicated to the freedom to read, the integrity of the public education system, and the
application of First Amendment law and principles in public institutions, we are writing to express our concern
regarding the removal of the graphic novel Amityville: Jr. Graphic Ghost Stories from the Lake Myra
Elementary School library in violation of district policy. We urge you to keep the book on the shelves in all
Wake County school libraries.
According to press reports, Kay Walker, whose first-grade son had checked out the book from Lake Myra
Elementary Schools library, complained to school officials about Amityvilles content and images. Ms. Walker
reports that the school informed her that the book was removed from the librarys shelves following her
complaint. We understand that she has also filed a formal challenge objecting to the inclusion of the book in
libraries throughout the entire Wake County school district, which will trigger a formal review process of the
work.
Distributed by Rosen Publishing, Amityville is part of a series of six graphic novels retelling famous ghost
stories for young readers, developed specifically for school libraries. According to the publisher, the books are
written for a grade level of 2-3 but have an interest level of 3-6, meaning that they are intended to appeal to
struggling or reluctant upper elementary school readers. The books are presented in a graphic format that lends
itself perfectly to these intriguing tales of ghostly maidens, ghost ships, hauntings, and the headless horseman.
From The Flying Dutchman and The White Lady Ghost to Sleepy Hollow and The
Ghosts of Civil War Soldiers, each book provides a brief context for each legend as well as summaries of
similar stories from around the world in a way that is meant to be inviting to struggling readers.
Removing the book from library shelves even before a formal request was filed is a clear violation of district
policy. According to Policy 5410.4, Consideration of Challenged Materials, once a formal challenge is filed,
The challenged material will continue to be used until the consideration process is completed; however, the use
of the material(s) for that particular student shall be suspended, if requested by the parents. The book must
remain on shelves until the review process is complete.
Furthermore, removing the book from the library in spite of its clearly recognized educational value, and in
response to subjective complaints about its content, raises serious First Amendment concerns. As the Supreme
Court has cautioned, Local school boards may not remove books from library shelves simply
because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be
orthodox in politics, nationalism, religion, or other matters of opinion. Board of Education, Island Trees
Union Free School District No. 26 v. Pico, 457 U.S. 853, 872 (1982) (plurality opinion). Indeed, the
school library has a special roleas a place where students may freely and voluntarily explore diverse topics.

Campbell v. St. Tammany Parish School Board, 64 F. 3d 184, 190 (5th Cir. 1995).
No student has to read a book simply because it is on the library shelf. The library exists to allow students to
have a wealth of reading options, consistent with their interests, maturity level, and parental guidance. As the
Supreme Court has emphasized, unlike the compulsory environment of the classroom, in the school library
the regime of voluntary inquiryholds sway. Pico, 457 U.S. at 869.
The task of selecting school library materials properly belongs to professional librarians and educators. Parents
may be equipped to make choices for their own children; but, no matter how well-intentioned, they simply
cannot make such decisions for others. Some parents may prefer to keep their children from reading ghost
stories like Amityville. Others may appreciate a book like Amityville because it may help develop a lifelong love
of reading.
The removal of Amityville is not only constitutionally suspect, but would also leave school officials vulnerable
to multiple, possibly conflicting demands. Our experience has shown that the practical effect of acceding to any
request to restrict access to materials will be to invite others to demand changes that reflect their own beliefs.
One could anticipate complaints that could threaten a great number of graphic novels throughout the district.
Such concerns rarely take into account the educational or literary value of the works at hand, instead reducing
them to a few parts that could be considered objectionable to someone, somewhere.
We strongly urge you to reinstate Amityville to the Myra Lake Elementary School library in accordance with
district policy, and to ensure that a review process that weighs the educational value of the book, and, as per
district policy 5410.1, takes into account the Library Bill of Rights, which states that Libraries should
challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
Please do not hesitate to contact us if we can be of further assistance.
Sincerely,

Svetlana Mintcheva, Director of Programs

National Coalition Against Censorship

Charles Brownstein, Executive Director

Comic Book Legal Defense Fund

Chris Finan, Director

American Booksellers for Free Expression

Judy Platt, Director

Free Expression Advocacy
Association of American Publishers

Millie Davis, Director

Intellectual Freedom Center
National Council of Teachers of English

Fatima Shaik, Chair

Childrens and Young Adult Book Committee
PEN American Center

Barbara M. Jones, Director

Office of Intellectual Freedom
American Library Association

CC: Mrs. Christine Kushner, Chair: ckushner@wcpss.net

Mr. Tom Benton, Vice Chair: tbenton@wcpss.net
Mrs. Susan P. Evans: sevans5@wcpss.net
Ms. Zora Felton: zfelton@wcpss.net
Mr. Bill Fletcher: bfletcher@wcpss.net
Mr. Kevin L. Hill: klhill@wcpss.net
Ms. Monika Johnson-Hostler: mjohnsonhostler@wcpss.net
Dr. Jim Martin: jmartin4@wcpss.net
Mr. Keith Sutton: ksutton@wcpss.net
Mrs. Tina Zarzecki, Principal, Lake Myra Elementary School: tzarzecki@wcpss.net

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