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Counts v. Cedarville School District
Court	United States District Court, W.D. Arkansas [1]
Full case name	Counts v. Cedarville School District, 295 F. Supp. 2d 996 (W.D. Ark. 2003)
Decided	April 22, 2003
Court membership
Judge sitting	Judge Jimm Larry Hendren

Counts v. Cedarville School District

Counts v. Cedarville School District, 295 F. Supp. 2d 996 (W.D. Ark. 2003), was a case in the United States District Court that addressed students' First Amendment rights to their access to school library materials. The case arose when a school board in Cedarville, Arkansas limited access to the book series Harry Potter, based upon about the content of the books. The court ultimately ruled in favor of the plaintiffs and, in doing so, reaffirmed the students' constitutional right to access information in public schools.

Overview

The case centered on the Cedarville School District’s policy of requiring parental permission for students to check out Harry Potter books from school libraries. The plaintiffs, the Counts family, had argued that the policy constituted censorship based on the content and viewpoint of the books and was, therefore, a First Amendment violation. The court agreed, ruling that the restriction was unconstitutional.

Background

In 2002, the Cedarville School Board voted to restrict access to J.K. Rowling’s Harry Potter book series in school libraries. The board stated the books promoted disobedience and disrespect for authority, and featured themes of witchcraft and the occult. Due to this, students needed to have written parental permission in order to check out any Harry Potter books from the library.

Billy Ray and Mary Nell Counts filed suit on behalf of their daughter, Dakota Counts, a student in the district. They claimed that the restriction infringed on Dakota's rights under the First and Fourteenth Amendment.

Media Coverage

The case garnered significant media attention due to the popularity of the Harry Potter books and the topic of censorship. National outlets such as CBS News reported on the court's decision to return the Harry Potter books to unrestricted access in school libraries. The case continues to be referenced in media coverage, both nationally and locally.

Court Case

The suit was brought to the United States District Court for the Western District of Arkansas. The Counts family sued under 42 U.S.C. § 1983, alleging that the policy of the school district was viewpoint-based censorship. The primary legal question was whether a public school could restrict access to books in its library based on ideological or moral objections.

Both sides presented arguments on the intent behind the school board's decision and the broader question of intellectual freedom in the schools. The plaintiffs emphasized the educational value of the books and argued that the restriction constituted censorship on the basis of personal ideology.

Court Decision

On April 22, 2003, the district court ruled in favor of the Counts family. Judge Jimm Larry Hendren held that the school district’s prohibition was unconstitutional under the First Amendment. The court found that the school board acted based on a dislike of the ideas contained in the books rather than legitimate educational reasons. The court ordered the books to be returned to unrestricted access in the library, and held that the requirement of parental permission placed a burden on the rights of students to receive information.