First Amendment litigation involving book censorship in schools has usually turned on the rights of a school board to control classroom curricula by prohibiting the use of certain texts, and an inquiry into whether a certain challenged text is vulgar. Some federal courts have distinguished between objective vulgarity—which a school board may prohibit—and the subject matter of a book (witchcraft, lesbian romance) with which the school board members may personally disagree or have a distaste for—and which a school board may not prohibit.

But one federal court recently stated that book banning takes place when a government or its officials forbid or prohibit others from having a book. The term does not apply where a school district—through its authorized school board—decides not to continue possessing the book on its own library shelves. The school board is the entity that has the ultimate authority to decide what books will be purchased and kept on the shelves of the schools in the district—and the school board can decide not to purchase and shelve a book in the first place.

In Colorado, First Amendment litigation related to book censorship in schools typically revolves around the balance between a school board's authority to manage classroom curricula and the prohibition of certain texts, against the rights of individuals to access diverse information. Federal courts have made a distinction between the outright vulgarity of content, which can be legitimately restricted by a school board, and the subject matter of a book, such as themes of witchcraft or LGBTQ+ relationships, which personal disagreement by board members does not justify banning. A recent federal court ruling clarified that 'book banning' refers to the act of a government or its officials preventing access to a book. This is different from a school board's decision not to purchase or retain a book in a school's library, as the school board has the discretion to determine the collection of books available in its schools. Thus, the school board's decision not to acquire or keep a book is not considered 'book banning' in the legal sense.