E.K. v. Department of Defense Education Activity (DoDEA)

Abstract

Since 2021, there has been a sharp rise in book censorship across the United States, with 2,452 unique titles challenged in 2024.¹ PEN America identified the top subjects of these challenged books as sexual violence, LGBTQ+ and BIPOC narratives, and race and racism.² Following the introduction of three executive orders restricting discussions of gender identity and racial discrimination in federal schools,³ the American Civil Liberties Union (ACLU) filed a suit on behalf of Department of Defense (DoD) personnel (military and civilian) whose children attend DoDEA schools to keep books on these subjects available to students. Book bans can affect decision-making in the publishing industry, making professionals wary of accepting books on certain topics or books by marginalized authors. Educational publishers are particularly vulnerable in these cases, as they rely on their books being in schools and libraries.