Trenton – To protect a reader’s freedom to access information and safeguard librarians from harassment brought on by extreme book ban efforts, the Senate Education Committee advanced legislation today sponsored by Senator Andrew Zwicker and Senate Majority Leader M. Teresa Ruiz entitled the “Freedom to Read Act”.
“In recent years, public and school libraries have come under attack by a small number of individuals hoping to erase diverse materials from book shelves, usually targeting works focused on race and LGBTQ+ themes,” said Senator Zwicker (D-Hunterdon/Mercer/Middlesex/Somerset). “A library is a place of voluntary inquiry and provides equitable access to learning resources. Local Boards of Education shall implement policies to ensure that our libraries still have an array of content while including the public in that process.”
The bill, S-2421, would require a Board of Education (BOE) or a governing body of a public library to not exclude material from a school library in the district solely because of the origin, background or views of the library material or those contributing to its creation, disagreement with a viewpoint, or solely because an individual finds developmentally appropriate content offensive.
The BOE or public library governing body would be required to adopt a policy on the curation of library materials. The Commissioner of Education would consult with the State Librarian, the New Jersey School Boards Association, and the New Jersey Association of School Librarians (NJASL) to develop a model policy for school districts to use.
Further, to protect library employees when performing their duties in good faith, the “Freedom to Read Act” would reaffirm protections for library staff members against civil and criminal lawsuits as a result of following state laws while doing their jobs.
“Our libraries are a sacred community resource, not a place for careless censorship. The materials they offer should not be restricted based on partisan views or revisionist history,” said Senate Majority Leader Ruiz (D-Essex/Hudson). “Libraries often provide the foundation for children’s education and become incubators of ideas. We must protect these critical institutions and the librarians who provide information that is instrumental in shaping young minds.”
One locally and nationally-recognized New Jersey school librarian, Martha Hickson, has faced continued attacks on her personal and professional character. In 2022, she won the Lemony Snicket Prize for Noble Librarians Faced with Adversity for successfully fighting efforts to ban five LGBTQ-themed books at North Hunterdon High School without due process.
“The harassment that librarians have experienced over the last three years is really an attempt at censorship through intimidation,” said Hickson. “The protections built into the NJ ‘Freedom to Read Act’ will give us the tools to safeguard readers’ rights and the strength to stand up to the bullying tactics of book banners.”
The New Jersey Association of School Librarians (NJASL) also expressed support for the Freedom to Read Act.
“This bill supports the right of children of all ages to read a wide variety of material with differing viewpoints and perspectives and reaffirms the professionalism of school librarians in providing students materials that allow them to see themselves represented in books, regardless of their gender identity, sexual orientation, race, ethnicity, or religion. Additionally, the Freedom to Read Act bill, S2421 promotes the value of free access to information and acceptance to a wide range of thoughts and opinions that leads to thoughtful debate and discussion,” said NJASL.
Lastly, the bill would also require a BOE to establish a procedure for a request for removal of library material within a school library. Only individuals with a vested interest in the school library would have the opportunity to submit a book for review. A review committee, made up of the district superintendent, school employees, community members, parents, and potentially students would then be established to review the submitted library material for removal.
The challenged library material would remain available for students to access until there is a final decision reached by the BOE, who would need to provide a written statement of reasons for the removal or non-removal of library material, or any determination that is contrary to the recommendations of the review committee. Any book reviewed will not be eligible for a subsequent challenge for at least one year.
The governing body of a public library would adopt similar model policies for library material curation and book removal established by the State Librarian in consultation with the New Jersey Library Association.
The bill advanced out of committee by a 3-2 vote.