Chinatown Wars Cover Gets Nintendo Power Yanked From School Library; ACLU Steps In

March 24, 2009 -

The American Civil Liberties Union has intervened after a middle school library in Ohio removed the November, 2008 issue of Nintendo Power.

The issue, which features a gun-toting female character from Grand Theft Auto: Chinatown Wars, was taken out of circulation at the Roxboro Middle School Library at the direction of Principal Brian Sharosky, according to the Cleveland Plain Dealer.

However, ACLU of Ohio executive director Christine Link argued that the magazine should not have been banned from the library:

Literature should not be removed from a school library simply because one person may find it inappropriate... [the school board should] immediately order that the magazine be reinstated.

Despite Link's argument, the Cleveland Heights-University Heights School Board has backed the principal's decision to remove Nintendo Power #234. With legal action on the matter increasingly likely, legal director Jeff Gamso offered the ACLU's position:

The principal doesn't get to say, 'Whatever I say goes.' There's got to be some mechanism by which decisions are made and a process of review. Or maybe tomorrow it'll be ' "Hamlet" -- that's an iffy play.'

UPDATE: Liz Surette of GamesLaw has provided a legal analysis of the issues in this case:

This situation is almost exactly like a case called Board of Education v. Pico, in which parents petitioned the school board to remove specific books that were “improper fare for school students” or “just plain filthy”.

The Supreme Court held that once a publication is in a school library, it may not be removed just because it is thought objectionable. The school board may decide which books and periodicals to purchase, but once they are made available on the shelves the children have a right to access that information. If the removal was motivated by a desire to deny students access to ideas with which the school disagrees, then it is unconstitutional.

However, the Court also said that the First Amendment is not implicated if the materials are removed because they are "pervasively vulgar" or if the decision was "otherwise based solely upon the 'educational suitability' of the books". The key fight here will be whether the principal removed NP for partisan/political reasons. I could go into much more detail about the policy rationale behind Pico and tensions with later cases, but suffice it to say that based on precedent the ACLU would surely win if they could prove that the principal pulled the mag just because he found it offensive or disagreeable.


Comments

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

gang violence, teen sex and suicides are clearly the fault of Romeo and Juliet, ban this filth immediately!

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

You really want to go there?

http://www.aclufightsforchristians.com/

 

Just saying...

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

So...what's your argument?  So what if it's a middle school?

 

Tea and cake or death! Tea and cake or death! Little Red Cook-book! Little Red Cook-book!

Tea and cake or death! Tea and cake or death! Little Red Cook-book! Little Red Cook-book!

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

While normally I'm the first one to hate on the ACLU (Duke lacrosse anyone?), I'm actually glad that they have now tied themselves, however lightely, to this issue. Because, despite their plethora of faults, they have shittons of lawyers. And in this country, having shittons of lawyers on your side is never a bad thing.

Unless they are disbared.

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

How were they involved with the Duke Lacrosse team case? I don't remember much about it, for some reason.

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

Early on, they were really vocal about it, saying the woman's rights were being violated etc. They silently slipped away as it dragged on however. It was just the first thing that popped into my head at the time :P

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

Oh, maybe that's why. I picked up on it a bit later in the whole mess.

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

Question is: is it literature or advertizing? On one hand, should it be okay to advertise an M-rated game in a middle school, or should it be protected like all violent books?

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

good point you have, but the problem the ACUL has os that the scholl pulled the magazing not because of advertising but because of the content.

http://www.magicinkgaming.com/

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

damn not the first poster

I have to admit i was a little surprised by this, though the cynical side of me thinks it probably happens more often than we would care to realize, that some authority type person can just pull a magazine because they personally disagree with it, I fully hope that the Civil Liberties Union goes to town on them and sets a future precedence that this kind of shaz doesn't take place in a "civilized" society

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

"civilized"

So glad you put that in quotes!

Praetorian

"I've been told I'm the resident skeptic, but I wouldn't believe that."

http://www.myspace.com/pree_tawr_ee_uhn



Praetorian

"If you sit by the river long enough, you will see the body of your enemy floating by."

http://www.myspace.com/pree_tawr_ee_uhn

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From School

"Literature should not be removed from a school library simply because one person may find it inappropriate... [the school board should] immediately order that the magazine be reinstated."

Agree. As a matter of fact i belive there was a court reading that state that principals can't just wank out certain literature just because he dosen't like the artical.

 

http://www.magicinkgaming.com/

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From School

can't just wank out certain literature just because he dosen't like the artical

I sincerely hope you are using that word in a way I don't wholly understand, or you meant yank.

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

I agree!

Besides, I'd love to see more hot, gun wielding, chinese girls any day...well, as long as they are shooting at me.

Praetorian

"I've been told I'm the resident skeptic, but I wouldn't believe that."

http://www.myspace.com/pree_tawr_ee_uhn



Praetorian

"If you sit by the river long enough, you will see the body of your enemy floating by."

http://www.myspace.com/pree_tawr_ee_uhn

Re: Chinatown Wars Cover Gets Nintendo Power Yanked From ...

So either you have a getting-shot-at-by-Chinese-girls fetish (Paging Dr. Freud!) or that's a typo.  I'm leaning towards the latter.  But you can't fix it now, ha ha!

 

"That's not ironic. That's justice."

"That's not ironic. That's justice."
 
Forgot your password?
Username :
Password :

Poll

Which Feminist Frequency video are you looking forward to most?:

Shout box

You're not permitted to post shouts.
prh99I wonder if they will fall into the trap of making those items more scarce in game in order to get people to pay.01/28/2015 - 11:14am
Wonderkarpso its not even ghostbusters then. just in name and concept only. you could call it ghost chasers or spook snatchers01/28/2015 - 11:09am
Andrew EisenKarp - According to the creative team, the new Ghostbusters is a new story, not a gender swapped rehash.01/28/2015 - 10:36am
WonderkarpMan. Resident Evil has fallen hard. I was a Huge fan in the late 90s. I think its time for a reboot. I was playing the hd remaster of the gamecube remake and the dialogue still sucks. Chris asking Rachel if she knows how to use a gun. SHE'S A COP!!01/28/2015 - 10:33am
E. Zachary KnightThe whole point of early Resident Evil games was to beat the game using only those weapons and ammo you could scavenge and use save files sparingly.01/28/2015 - 10:08am
E. Zachary KnightDoesn't the ability to buy health and weapons defeat the whole point of survival horror games?01/28/2015 - 10:07am
PHX Corphttp://www.gamerheadlines.com/2015/01/report-resident-evil-revelations-2-checkpoint-microtransactions/ Report: Resident Evil: Revelations 2 to Have Checkpoint Microtransactions01/28/2015 - 9:57am
Wonderkarpgoogle fiber coming to atlanta georgia. I'm gonna try to get a transfer to atlanta just to get google fiber. lol01/28/2015 - 9:13am
Wonderkarpotherwise Its just going to feel like another unnecessary reboot to me01/28/2015 - 9:09am
Wonderkarpmy god, thats an awesome ghostbusters cast. why couldnt it just be a sequal and not a reboot though!? I hate Reboots and I'd rather have a new story with new characters than a gender swapped rehash. Throw in Dan Aykroyd to link the two franchises.01/28/2015 - 9:08am
E. Zachary KnightThe mandatory free trial aspect was one of my favorite features and I was greatly disappointed when they ended that part of it.01/28/2015 - 8:31am
E. Zachary KnightMecha, I never considered that a problem as the Ouya is capable of rendering games at a better than PS2 capability. However, the ease of development for Android has greatly lowered the bar for the vast number of games published for Android based systems.01/28/2015 - 8:30am
MechaTama31Goth_Skunk: It's not too late for CiVIlization... ;)01/28/2015 - 12:40am
MechaCrashI thought one of its other big issues was all the "quality" of phone games with all the portability of your television.01/27/2015 - 11:34pm
E. Zachary KnightApparently, people did not want a $100 console, they wanted a $200 one for a $100 price tag.01/27/2015 - 11:18pm
E. Zachary KnightI remember when people were demanding Ouya used the new and untested Tegra 4 processor rather than the tried and true Tegra 3, increase the RAM to 2Gigs and various other expensive addons.01/27/2015 - 11:17pm
ConsterCraig: perhaps I should've used the word "unreasonable", as in people clamoring for stretch goals that would guarantee they lose money on each deck.01/27/2015 - 10:04pm
Andrew EisenIt's my favorite movie. I'm looking forward to it as well.01/27/2015 - 9:16pm
Goth_SkunkI grew up idolizing Ghostbusters. I'm extremely excited to see another film.01/27/2015 - 8:52pm
Goth_SkunkEscapist -- via Hollywood reporter -- gives us a glimpse at the probable cast of the new Ghostbuster's movie: http://ow.ly/I3GyZ01/27/2015 - 8:51pm
 

Be Heard - Contact Your Politician