Nintendo Magazine Pulled From Middle School Library

By Rocco Staino -- School Library Journal, 3/31/2009

A magazine cover of a woman holding a gun has led a middle school principal to pull it from the media center, over the objection of the librarian.

In September, Brian Sharosky, principal of Roxboro Middle School in Cleveland Heights, OH, confiscated the November issue of Nintendo Power magazine, with a graphic image from Grand Theft Auto: Chinatown Wars on its cover.

School librarian Amy Bloomberg has objected to the move, saying that the principal failed to follow the formal review policy established by the Cleveland Heights-University Heights school board. 

The issue was brought before the district last fall by the Cleveland Heights Teachers Union.

James Dougherty, a spokesperson for the district, says the review policy doesn’t apply to school district staff. "The issue here involves an incorrect reading of the board's policy, which would remove the authority of a building administrator to make necessary judgments about age-inappropriate materials in a timely fashion,” Dougherty says.

The American Civil Liberties Union (ACLU) of Ohio sent a letter March 18th to the school board president, pointing out the district’s violation of the First Amendment. It also cited Minarcini v Strongsville Board of Education, which states that the removal of a book from a school library based on the objection of one or more school staffers is a violation of free speech.

The letter also pointed out that the district was in violation of its own policy. ACLU Legal Director Jeffrey Gamso is urging the district to reconsider its action to “avoid possible litigation”.

In a statement Christine Link, executive director of ACLU Ohio said "Schools have policies like this in place in order to balance the protection of the first amendment while also shielding young people from truly objectionable material. By circumventing the established policies, Mr. Sharosky showed disregard for the first amendment by acting as the sole judge for what the students should or should not be exposed to.”

The ACLU of Ohio is still awaiting the school board to reply to its March 18th letter. To date, the administration is siding with the principal.