We have seen it play out in Indiana every session for the last several years – Indiana’s GOP lawmakers have been attempting to strip power away from local prosecutors, and instead hand it over to the Attorney General. 

On the flipside, Marion County Prosecutor Ryan Mears recently attempted to hire his own representation in the lawsuit filed by the ACLU of Indiana against the abortion ban – but as was clarified by the judge, this role is assigned to the Attorney General, who represents the state in civil cases.

So why the power struggle?

Local prosecutors have the power to flood jails and prisons and deepen racial disparities with the stroke of a pen. But they can also use their legal discretion to do the opposite. And clearly, some Indiana legislators and the Attorney General don’t like that.

Each year during session, legislators introduce a bill that would stop prosecutors who use their power to reduce racial and economic inequalities in the criminal legal system. These attempts would give the Indiana Attorney General the power to request the appointment of a special prosecutor in cases in which a county prosecutor has used their lawful discretion not to prosecute certain crimes, such as minor drug offenses.

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Thursday, October 6, 2022 - 9:15am

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It’s Banned Books Week, meant to celebrate the freedom to read, but students’ right to read and learn freely is under attack across the country and right here in Indiana.

In particular, books discussing race and gender are being challenged and banned in public schools and libraries at an alarming rate. In 2021, the American Library Association recorded a 467% increase in book challenges from 2020.

According to a new report studying book bans in America from July 1, 2021 to March 31, 2022, Indiana ranked sixth in the country for states with the most books banned. The report also found that books focusing on race and LGBTQ+ topics have been targeted the most.

The three most banned books all had LGBTQ+ protagonists or dealt with LGBTQ+ issues. Books directly addressing issues of race and racism are also at the heart of the book ban crusade, with many of the most banned books having been written by non-white authors.

As a result, schools can’t make certain books — predominantly those by Black and LGBTQ+ authors discussing issues of race, gender, and sexual orientation — available to students to learn from and explore.

The First Amendment is clear — disliking the contents of a book doesn’t mean the government can ban it. 

As this spate of book bans accelerates, classroom censorship bills aiming to erase discussions about race and gender in schools are increasingly being introduced and passed across the country — including here in Indiana.

All of this leads to a chilling effect on academic freedom in our state and country. 

Earlier this year, Indiana legislators proposed House Bill 1134 to ban students from having open, honest conversations about America’s history of race and sex discrimination. The ACLU of Indiana stood in fierce opposition to this dangerous bill.

HB 1134 passed the Indiana House, but ultimately failed in the Senate after backlash from countless teachers, students, parents, civil rights advocates and more who made their opposition to this harmful bill loud and clear.

Reading and sharing ideas helps students grow. Every young person should be able to read and learn about the history and viewpoints of all communities, including their own identity, in and outside of the classroom.

This wave of book bans and censorship legislation is attempting to erase the legacy of discrimination and lived experiences of Black and Brown people, women and girls, and LGBTQ+ individuals. And it’s refusing to let students think for themselves.

Since its founding, the ACLU has opposed censorship in all its forms. We believe in an educated citizenry and a society where ideas are openly disseminated, discussed, and debated. 

The right to free expression includes the freedom to read and learn, free from viewpoint-based censorship. We will continue to defend that right.

Join the fight against classroom censorship

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Monday, September 19, 2022 - 12:15pm

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A wave of book bans and classroom censorship legislation is undermining students’ ability to read and think freely.

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