MODEL BILLS
Freedom to Read Act
Summary: Conservatives are trying to censor information about subjects that make them uncomfortable, usually about race, gender and sexuality. The Freedom to Read Act sets standards for libraries that block partisan, ideological or religious censorship and protect librarians who are doing their jobs.
Based on MD HB 785 (2024) and NJ AB 3446 (2024)
SECTION 1. SHORT TITLE
This Act shall be called the “Freedom to Read Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature/commission/council finds that:
(1) The freedom to read is a human right, constitutionally protected by the First Amendment of the United States Constitution, and individuals have the right to free inquiry and the right to form their own opinions.
(2) School libraries and public libraries, as centers for voluntary inquiry, play a unique role in promoting intellectual freedom, providing equitable access to learning resources, and promoting democracy by providing service to all regardless of race, ethnicity, creed, age, ability, gender, or socio-economic status.
(3) There is an increasingly loud chorus of conservative activists demanding that certain books – often about race, gender and sexuality – be removed from library shelves. Part of that chorus has included harassment of librarians and library staff members for doing their jobs in providing people of all backgrounds the ability to find and interpret the information they need to succeed in school, in college, in their careers, and in life.
(4) At least six states – California, Illinois, Maryland, Minnesota, New Jersey and Washington – have enacted legislation to preserve access to reading materials and combat censorship.
(5) It is essential that our own public libraries operate within standards that ensure students and residents the freedom to read and protect librarians who are doing their jobs in a manner consistent with those standards.
(B) PURPOSE—This law is enacted to protect the educate the public and promote better law enforcement.
SECTION 3. FREEDOM TO READ IN PUBLIC SCHOOL LIBRARIES
After section XXX, the following new section XXX shall be inserted:
(A) It is the policy of the state that each local school system operate its school library media program consistent with the following standards:
(1) The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves and should present diverse and inclusive points of view in the collection as a whole;
(2) Materials shall not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and
(3) Materials shall not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.
(B) Each local school system shall develop and implement a policy and procedures to review objections to materials in the school library media program, which shall:
(1) Establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel;
(2) Require materials under review due to an objection to remain available for use by students and school personnel until the review process has concluded; and
(3) Establish a reasonable timeline to conduct and conclude the review process in a timely manner.
(C) A county board of education may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, a certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards described in subsections (A)(1), (2) and (3).
SECTION 4. FREEDOM TO READ IN PUBLIC LIBRARIES OUTSIDE OF SCHOOLS
After section XXX, the following new section XXX shall be inserted:
All libraries that receive funding from the state or a local government, and not located within a public school, shall adopt and follow the following standards:
(1) Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the library serves and should present diverse and inclusive points of view in the collection as a whole;
(2) A library shall not exclude material from its catalogue because of the origin, background, or views of a person who created the material;
(3) A library shall not prohibit or remove material from its catalogue because of partisan, ideological, or religious disapproval; and
(4) A library governing board may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee for acting in a manner consistent with standards in subsections (1), (2) and (3).
SECTION 5. EFFECTIVE DATE
This law shall become effective on July 1, 20XX.