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 Rhode Island, as in other states, First Amendment litigation related to book censorship in schools often revolves around the balance between a school board's authority to determine educational content and the protection of free speech. Federal law, including First Amendment jurisprudence, allows school boards some discretion to control classroom curricula and remove books they find objectively vulgar or inappropriate for educational purposes. However, federal courts have made a distinction between removing books due to their vulgar content and removing books simply because the subject matter is disfavored by the board members, the latter of which may not be permissible. A recent federal court ruling clarified that 'book banning' refers to the act of prohibiting access to a book, which is different from a school board's decision not to purchase or retain a book in the school's library. The school board has the authority to decide which books to acquire and maintain in the district's libraries, and it is within their discretion not to select a book for inclusion in the first place. It is important for anyone dealing with such issues in Rhode Island to consult with an attorney who is knowledgeable in First Amendment law and educational policies to navigate these complex legal matters.