LOS ANGELES - The American Civil Liberties Union of Southern California together with the law firm of Greines Martin, Stein & Richland, the American Library Association and the National Coalition Against Censorship are pleased to announce that the Norwalk-La Mirada High School district has agreed to return William Styron's acclaimed novel Sophie's Choice to the La Mirada High School library. The book was abruptly removed from the school's library after a parent complained about selected isolated portions of the novel.

The ACLU/SC stepped in after students expressed concern that their First Amendment rights had been violated. Shortly after hearing about the decision to pull the book from the school's library, the ACLU/SC together with Greines Martin, Stein & Richland sent a letter to the school district asking for the novel to be returned to the school's library. The American Library Association and the National Coalition Against Censorship, along with other organizations dedicated to free expression, also wrote letters to the district protesting the district's decision to remove the book. In response to that letter, the school district has agreed to return the book to the shelves of the La Mirada High School library.

"We are very pleased the school district has recognized the student's First Amendment rights and returned this classic novel to the school's library so that others will have a chance to read it as well," said Peter Eliasberg, Managing Attorney with the ACLU/SC. "Once the district was informed of the possible First Amendment violations, it was swift in reviewing and remedying the situation and we appreciate the prompt action."

Sophie's Choice by William Styron is a widely acclaimed novel dealing with the grueling experiences of a Holocaust survivor. It has received the National Book Award and was also made into an Oscar-winning film in which actress Meryl Streep delivers what is widely regarded as one of her best performances.

"This really is a victory for free speech, thankfully the district realized that the First Amendment applies to students as well," stated Jens Keopke of Greines Martin, Stein & Richland. "We are pleased that students will continue to have access to such a fine piece of literature."

Date

Friday, January 11, 2002 - 12:00am

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LOS ANGELES -- A California Superior Court today reversed the conviction of a Santa Barbara man who was cited for violating the city's ordinance prohibiting sleeping, human habitation or camping in a recreational vehicle on city streets (Santa Barbara Municipal Code section 15.16.080). The court ruled that the City of Santa Barbara did not provide an adequate housing alternative to the man.

The defendant, David Ridley, his companion of four years Dena Conroy and their dog reside in a motor home (RV) which they normally park in various industrial parks throughout the city. On the evening of October 18, 2000 a police officer was called to the location of the couple's RV to investigate reports of a loud generator. The officer discovered that the noise was coming from within the RV and cited both Mr. Ridley and his companion with violating SBMC 15.16.080; the generator did not violate the city's noise ordinance. Mr. Ridley claimed that there was no alternative to residing in his RV because the only available option was a homeless shelter which did not allow pets, was unsanitary, would require him to be separated from his companion and most importantly required residents to listen to a religious message.

"The court's ruling rests on a crucial First Amendment principle: the state can't force citizens to give up religious freedom in exchange for personal liberty," said Ted Boutrous Jr. whose firm Gibson, Dunn & Crutcher argued the amicus brief on behalf of the ACLU of Southern California.

The court agreed with Mr. Ridley's claim that forcing a homeless person to either face criminal prosecution or be required to participate in a religious service violates the establishment clause of the U.S. Constitution. It also held that the Rescue Mission shelter was an inadequate affordable alternative for those who have nowhere to sleep.

"The court's reversal of the conviction was wonderful news," said Peter Eliasberg, Managing Attorney with the ACLU/SC. " It is bad enough that the city of Santa Barbara was trying to criminalize not having enough money to rent an apartment in a very expensive location. It was worse still that the city was forcing Mr. Ridley and Ms. Conroy to give up their religious freedom in order to stay out of jail. The participation of Tanya Acker and Ted Boutrous Jr. from Gibson, Dunn & Crutcher, LLP is in the highest tradition of law firms doing great pro bono work."

Date

Thursday, December 20, 2001 - 12:00am

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LOS ANGELES - The American Civil Liberties Union of Southern California together with the law firm of Greines Martin, Stein & Richland and the American Library Association have asked the Norwalk-La Mirada School District and La Mirada High School to return the novel Sophie's Choice to the school's library collection after the book was pulled by La Mirada High School's principal. The book was apparently removed from the school's library after a parent complained about certain isolated portions of the novel.

Sophie's Choice by William Styron is a widely acclaimed novel dealing with the grueling experiences of a Holocaust survivor. It has received the National Book Award and was also made into an Oscar-winning film in which actress Meryl Streep delivers what is widely regarded as one of her best performances.

"The fact that the school would choose to pull this book is extremely alarming," said Peter Eliasberg, Managing Attorney at the ACLU/SC. "This is an excellent novel by one of the country's finest authors. It is a novel dealing with one woman's struggle to come to terms with the consequences of the Holocaust. A school library should be a place where students can expand their minds and choose among all sorts of books, especially great books like Sophie's Choice."

The ACLU/SC is also troubled by the way the decision to pull the acclaimed novel was made. The school district has a policy in place that calls for a systematic review of challenged materials. In this case, La Mirada High School's principal simply decided that the book would be removed from the library without review of the material in question.

"Courts have time and again held that school boards cannot remove books from their libraries simply because they don't like the ideas contained in those books," said Judith F. Krug, Director of the Office for Intellectual Freedom of the American Library Association. "The First Amendment guarantees the free flow of ideas and just because one parent may be uncomfortable with certain aspects of a particular work does not mean they have the right to impose their beliefs on other people's children. Parents know their children best and should guide their own children's reading."

The ACLU/SC, Greines Martin, Stein & Richland have asked the high school and the school board to return Sophie's Choice to the school's library promptly.

"The First Amendment exists for a reason," stated Jens Koepke of Greines Martin, Stein & Richland, "one person should not be allowed to determine everyone else's literary tastes. Children's education should not be restricted because one individual decided he or she did not like a particular novel."

Date

Thursday, December 20, 2001 - 12:00am

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