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Reason
Reason
Politics
Eugene Volokh

Who's Being Pornographic Here? (And Were Pornography Allegations Related to School Library Book Reading Defamatory?)

From yesterday's opinion in Wilburn v. Guthrie by the Colorado Court of Appeals (Judge Karl Schock, joined by Judges Matthew Grove and David Yun):

While running for a seat on a local school board, Wilburn participated in a public forum at a middle school attended by Guthrie and her then-eleven-year-old daughter. At the forum, a moderator asked candidates about issues affecting the school district. One such question addressed "banned books": "How does the school board ensure that banned books do not negatively impact students' access to diverse educational literature?"

In response, Wilburn—who believed that certain books should not be available in public schools—read excerpts from three books that he said were available in school libraries in the district. He prefaced his reading from the books with the following:

I do not curse. I'm going to speak some words now that have not come from my lips in 30 years, and I apologize in advance, ladies and gentlemen, for what you're about to hear. These are books currently available in [the school district's] libraries. Please forgive me in advance.

He then read the following passage:

Title is Push. Page 32. "Daddy put his peepee smelling thing in my mouth, my pussy, but never hold me. I see when he first created pink dress dirty sperm stuff on it. About three months after baby was born, I'm twelve when this happens, mama slapped me hard. Then she picked up a cast-iron skillet and she hit me so hard I fall back on the floor. Then she kicks me in the ribs, and she say, 'Thank you Miz Claireece Precious Jones for fucking my husband you nasty little slut! Fat cunt bucket slut! Nigger pig bitch! All you tell them motherfuckers at the damn hospital? I should kill you,' she screamed at me."

After reading passages from two other books, Wilburn continued:

If you want your children to have access to and read this material, that's none of my business. But as an independent taxpayer in this district, don't ask me to pay for it. As a member of this board of directors, don't ask me to force you to pay for it because the answer to both is no.

According to Guthrie, her daughter was "shocked" by the readings and "immediately burst into tears" after the forum. Guthrie characterizes Wilburn's reading of these passages as the "public performance of pornography at a student-led event."

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