To the Editor:

I’m writing in opposition to the high school book banning because some of the members of the Board of Education, including the Chairperson, have appeared not to understand the difference between “Policy” versus “Standard.” The 14th Amendment of the United States Constitution requires the Board of Education, in order to ban a book, to establish a Due Process Standard so that people know what books may be banned (and why), and what books may be allowed in the high school library.

To date, the Board of Education majority party has failed to state, establish or even suggest any Standard. The result is a flagrant violation of the 14th Amendment (as well as the 1st Amendment of Due Process.) The case law is unequivocal. The Board of Education Chair has stated that they have implemented a Policy, not a Standard. By definition, a policy is a statement of intent, a standard is a function to achieve the intent.

For example, in a motor vehicle personal injury action, the policy is to do justice, the standard is what a reasonable person would do or not do.

Today, we have no idea what books can be banned or not banned, nor the standard by which they will be evaluated. That is authoritarianism, and a violation of both the 14th and 1st Amendments of the United States Constitution. These are not close calls.

The Board of Education members have each pledged an oath to “…support the Constitution of the United States, the Constitution of the State of Connecticut and the Charter of Newtown as long as you continue to be a citizen thereof.”

The members need to honor their oaths. Without a 14th Amendment required Standard, how can they honor their oath except to vote against the book banning? Hopefully, this email and letter to the Board of Education will assist the members in reminding them of their oaths, and understanding their legal obligations.

Sincerely,

Lynn Hungaski

Editor’s Note: The writer is not an attorney, but sought an attorney’s advice on this letter’s content.