BANNING SCHOOL AND PUBLIC LIBRARY BOOKS AND MATERIALS (H 5489)

By Bob Katzen

Gov. Healey signed into law a bill that supporters said would protect people’s access to library materials and guard against politically motivated book bans in Bay State school libraries and public libraries. The bill requires local policies to be developed using nationally recognized library standards and lays out a process around challenges to library materials. The measure also protects librarians and school library professionals from retaliation.

Provisions include ensuring that students have free and open access to library books and other school library materials by establishing clear standards for library teachers and other employees to follow as they select school library materials; requiring that school library materials be age-appropriate, serve an educational purpose and be chosen based on a teacher or employee’s professional training—leaving aside any of their own personal, political or doctrinal views that could affect whether or not they place the book on the shelf; requiring all school districts, charter schools and local education agencies to adopt their own policies on how to select library materials as long as the policies align with American Library Association standards; guarding against spurious or unfounded challenges to school library books by keeping a book in question on the shelves unless and until a public hearing has taken place and the appropriate authority has voted to remove it; and protecting school employees and public librarians from professional, civil or criminal penalties based on their selection of library materials.

“Massachusetts is home to the first public library, public school and university,” said Gov. Healey. “We have always believed that our communities are stronger when people, especially young people, have access to knowledge and a free exchange of ideas. This bill is about protecting the freedom to read, to learn, to ask difficult questions and to encounter ideas we might agree or disagree with. It’s also about protecting our teachers and librarians and allowing them to do their jobs. At a time when President Trump is defunding education and trying to censor any ideas he doesn’t agree with, it is more important than ever that states step up to lead. That’s what we’re doing here in Massachusetts.”

“Books open doors for students to explore new ideas, deepen their understanding of the world and develop the critical thinking skills they need to succeed,” said Education Secretary Steve Zrike. “Our schools should encourage that curiosity and give students access to books that challenge them, inspire them and help them grow as learners. This law affirms that commitment and supports the educators and librarians who make those opportunities possible every day.”

“Politically motivated book challenges are dangerous acts of censorship that harm us all,” said Carol Rose, Executive Director of the ACLU of Massachusetts. “This new law builds a firewall against such cynical acts, protecting students’ freedom to read and learn and respecting the expertise of professional educators and librarians. All students should have access to a diverse collection of materials, reflecting a wide range of experiences, identities and challenges. This promotes free expression and helps our society build tolerance, empathy and understanding.”

Rep. John Gaskey (R-Carver) was the only legislator to vote against the measure when it was approved by the House and Senate. “[The bill] makes it more difficult for school committees to challenge book selections made by librarians, especially regarding LGBT+ type books that are usually so explicit that they cannot be read in public meetings or even on YouTube without being age restricted,” Gaskey said. “This is not about banning books as they are all available in a multitude of locations, especially the public library. This is about protecting youth from explicit material, regardless of the topic.”

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