Bill Halting Book Bans, Suing Of Librarians Passes NJ Statehouse

NEW JERSEY — A bill designed to limit book banning in public schools, and prevent librarians from being sued over what material is on the shelves, has passed the New Jersey Legislature.

Some state Republicans opposed the "Freedom to Read Act" on the grounds that it will give children access to sexually explicit books and other library materials that have been the target of book bans at New Jersey school districts and around the nation.

The bill (S2421/A3446) establishes requirements for library materials in school districts and public libraries, and aims to safeguard librarians from harassment "brought on by extreme book ban efforts," said its primary sponsors in the Senate, Andrew Zwicker (D-16) and M. Teresa Ruiz (D-29).

Under the bill, school and public library boards would be required to create policies regarding which books should be in school libraries and how books may be removed, as well as prohibit dissenters from suing librarians over the reading options made available in accordance with those policies.

The state Assembly approved this bill 53-20 in June. And after the Senate passed the bill by a 24-15 vote on Monday, it now heads to Gov. Phil Murphy's desk. He will have the final say on whether it will become law.

The bill requires that school boards and local library boards must adopt policies outlining how to remove books from school libraries, if someone challenges the books or other materials. These policies would be based on recommendations from the state Commissioner of Education.

Library material could not be removed "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 bill states.

And, the measure reaffirms legal protections for library staff members against any civil or criminal lawsuits that parents or community members might bring forward.

Before the Senate voted Monday, Sen. Mike Testa (R-1) said that he does not believe any school librarians in New Jersey have "nefarious intentions," but he could not support the "sweeping immunity" from the state's obscenity law that the bill provides.

"To my colleagues across the aisle that are so adamant that there is no obscene material being pushed in our schools, and that there never will be under this bill, then why do you need an exemption from the obscenity law?" he asked. "And how exactly does a person distribute obscene materials to a child in good faith?"

Sen. Joe Pennacchio (R-26) said that exposing children to material "they are not yet prepared for" goes against the Legislature's responsibility to protect the most vulnerable people in the state, including children.

Bill sponsor Zwicker countered by saying that the Freedom to Read Act "empowers local communities to engage in a transparent, thoughtful process when determining which books should go in libraries," and said that attempts to ban books are disproportionally affecting marginalized communities such as Black and LGBTQ+ Americans.

"You and all New Jerseyans have the freedom to choose what you want to read, and parents have and will continue to have the freedom to choose what their children will read,” Zwicker said. “But no one gets to decide for you, not now and not ever.”

The lone Republican co-sponsor, Sen. Jon Bramnick (R-21), said that libraries must have consistent guidelines for how to deal with questionable material on their shelves.

"There is no standard," he said. "No board of education is setting the standard, and now we are saying it is time. There is no support for pornography. This bill will actually do what we need to do and keep the pornography out of the schools."

Recent Efforts To Remove Books From NJ Libraries

The American Library Association (ALA) reported a sharp uptick in efforts to ban and censor books last year. In New Jersey, at least six books with LGBTQ+ themes were considered being taken off the shelves last year at the Glen Ridge Public Library, though the effort was later defeated.

Those books included “All Boys Aren’t Blue” by George M. Johnson, “Here and Queer” by Rowan Ellis and Jacky Sheridan, “It’s Not the Stork” by Robie H. Harris and Michael Emberley, “It’s Perfectly Normal” by Robie H. Harris and Michael Emberley, “This Book is Gay” by James Dawson, and “You Know, Sex” by Cory Silverberg and Fiona Smyth.

Other public boards have reinforced efforts to protect books from being "banned," including the Essex County School Boards Association, which voted last September to "protect the freedom to read.” The Hoboken City Council unanimously approved a resolution the same month to declare Hoboken the state's first "Book Sanctuary City."

Last year, a high school librarian from Morris County even sued several township residents, alleging that the residents referred to her as a "child predator" and accused her of "luring children with pornography." She claimed in the lawsuit that a public campaign against her began after a book with LGBTQ+ themes was challenged by community members.

Related articles —

• Debate Over LGBTQ+ Books Takes Over Morris Co. High School
• Proposed Book Ban Shot Down In Glen Ridge; LGBTQ Advocates Cheer