Free Speech Groups Condemn FBI Investigation of Literary Works

On March 1, the American Booksellers Foundation for Free Expression (ABFFE) and the National Coalition Against Censorship (NCAC) condemned the U.S. Attorney for the Eastern District of Michigan, Stephen J. Murphy III, for asking the FBI to investigate a complaint that books used in the public schools of Howell, Michigan, are obscene. The complaint was filed by a woman who was unsuccessful in persuading the Howell Board of Education to remove several books that she dislikes, including Toni Morrison's The Bluest Eye, Richard Wright's Black Boy, and Kurt Vonnegut's Slaughterhouse Five.

"It is absolutely bizarre that a high official in the Justice Department would take such a step. Under the law, the books cannot be found obscene if they have literary merit, which in this case cannot reasonably be questioned," said NCAC Executive Director Joan Bertin said.

ABFFE President Chris Finan said that the U.S. Attorney had abdicated his responsibility to protect free speech. "We are told that Murphy 'routinely' refers all obscenity complaints to the FBI. But he has a duty to reject frivolous claims to ensure that there is no chilling effect on books that are protected by the First Amendment," Finan said.

The challenged books are used in 11th grade English class in Howell and many other schools around the country. On February 12, the Howell Board of Education voted 5 - 2 to retain the books challenged by the Livingston Organization for Values in Education (LOVE), a group of parents and other community members that charged that the books are inappropriate for minors because they contain sexual themes and profanity.

When the LOVE challenge failed, one of its members, Vicki Fyke, filed a complaint with the Livingston County prosecutor, the Attorney General of Michigan, and the U.S. Attorney alleging that the Morison, Wright and Vonnegut books are legally obscene and also violate the laws against child pornography and child sexual abuse. LOVE also asked for a ruling on the legality of Augusten Burroughs' Running With Scissors, another book used in the Howell schools.

Newspapers in the Detroit area have confirmed that Murphy had referred the books to the FBI. "Absolutely. We're looking into it," Gina Bilaya, a spokesman for Murphy's office, told the Daily Press & Argus. "We do it with all complaints," she said. The local prosecutor and the Michigan Attorney General are also reported to be conducting investigations.

In early February, ABFFE and NCAC joined a number of free speech advocates in sending a letter to the school board opposing the censorship of the books targeted by LOVE.