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Historically, concerned parents or citizens have challenged library books for being inappropriate one at a time and just in their local school or public library. In 2022, however, Florida became the vanguard for a movement to introduce state legislation to remove reading material state-wide when Governor Ron DeSantis signed a bill into law aimed at establishing a process so that parents can challenge books in school and public libraries.
This has led to a steady increase in legislation which targets libraries, focusing particularly on the restriction or prohibition of certain books or types of books. These legislative efforts have sparked intense debate about freedom of information, censorship, and the role of public institutions in providing access to diverse viewpoints. Central to this controversy has been the American Library Association (ALA), an organization founded nearly 150 years ago which is committed to defending intellectual freedom and promoting access to information.
Let's take a look at some of that legislation, and the ongoing efforts to control what is available in public and school libraries.
Censorship Or Child Protection?
Legislation aimed at restricting access to certain books in public and school libraries often targets materials deemed inappropriate or controversial, frequently addressing themes of sexuality, race, and social justice. Where these bills have become law legal challenges are underway. Prominent examples include:
- Florida's House Bill 1467 (2022): The bill mentioned above, which mandates parental oversight of school libraries, requiring districts to publish a list of all available books and enabling parents to challenge specific materials. The law also stipulates that any challenged book must be reviewed by a district-appointed committee, potentially leading to its removal.
- Texas's House Bill 900 (2023): Known as the Restricting Explicit and Adult-Designated Educational Resources (READER) Act, it prohibits the possession, acquisition, and purchase of harmful, sexually explicit, or educationally unsuitable materials by public school libraries. It puts the onus on the vendors of books to libraries to rate books according to their sexual content, and if they get it wrong they can be prohibited from selling any books to libraries.
- Utah's House Bill 0029 (2024): This bill makes provisions to identify and remove inappropriate materials from public school libraries. Books can be banned statewide when at least three of the state’s 41 school district boards claim they contain pornographic or indecent material, making it one of the easiest regimes in the country for removing books from libraries.
The proponents of the legislation argue that they are about protecting children from harmful materials and ensuring that they aren't exposed to content which isn't appropriate for their age. The charge is led by organizations such as Moms for Liberty, founded in Florida in 2021 in response to Covid-19 school closures and mask mandates. It quickly rose to prominence and influence in conservative circles and expanded its mission to remove certain books from schools, outlaw the teaching and discussion of gender and sexuality by teachers and halt the teaching of what it calls critical race theory. The rise of such organizations, which endorse candidates for school board elections across the country in the hope of influencing local policy, has led to a political polarization of processes which used to be rather anodyne. To understand why libraries find themselves at the center of the controversy, it helps to know a little about how libraries manage their collections.
How Are Books Chosen in Libraries?
I spoke to Michael Dowling, Director of the Chapter Relations Office of the the ALA. Michael explained that public, school and academic libraries create ‘Collection Development Policies’ which are based on the mission of the library, or institution, to serve all members of their community. Collection Development Librarians use their expertise to choose new additions, based on a variety of review sources and their own professional knowledge regarding the mix of books currently in the collection. Librarians organize books into age/developmentally appropriate sections.
Michael says “Not every book in a library appeals to everyone. For example, some people think comic books shouldn't be included in libraries, but others would counter that graphic novels are a valid form of artistic expression that merit a place. Some may object to the content or viewpoint in a book while others may be interested in the book."
During the past couple of years, the unremarkable job of curating a library collection has led to librarians being call ‘groomers’ and ‘pedophiles’ and generated intense debate. But controversy over books in libraries is not a new phenomenon.
As Michael explains, "There have been attempts to ban certain books in the U.S. since before the country was founded. Huckleberry Finn was banned from the Concord Public Library, MA in 1885 for what was deemed coarse language and vulgarity. 1984 by George Orwell was banned by some school systems for being pro-communist. There were attempts to ban the Harry Potter books because they promote witchcraft.
“When it comes to what's appropriate at what age, children develop their reading skills at different rates, and they also mature emotionally at different rates. Parents have the right to guide their children's reading, but parents should not be making decisions about what books other parents' children are allowed to read.”
What is Obscenity?
The assessment of whether a book or publication is obscene is determined using what's known as the Miller test, or the three-pronged obscenity test, developed during the 1973 Supreme Court case Miller v. California. Material that is determined to lack "serious literary, artistic, political, or scientific value", appeals to the prurient interest and is patently offensive is deemed obscene and therefore not protected under First Amendment free speech rights.
The obscenity challenge has frequently been used to justify restricting or banning certain books. In 2022, a ban in Virgina on "Gender Queer: A Memoir" by Maia Kobabe was dismissed after a Judge ruled that the decades-old law that was used was "unconstitutional on its face" as it violated the First Amendment, given the book was not obscene.
Despite this victory, "Gender Queer: A Memoir" remains the most frequently challenged book in the country, according to the ALA. This reflects an underlying theme in the movement to remove inappropriate books from libraries, according to Michael. "The books that are removed are overwhelmingly about gender identity, LGBTQI+ issues and so on. In 2023, we found that titles representing the voices and lived experiences of LGBTQIA+ and BIPOC individuals made up 47% of those targeted in censorship attempts. Our communities and our country are stronger because of diversity. Libraries that reflect their communities' diversity promote learning and empathy that some people want to hide or eliminate."
The ALA Under Fire
The ALA is a fierce defender of each person's right to read and draws national attention to the harms of censorship. The ALA's Bill of Rights emphasizes that libraries should challenge censorship and provide materials presenting all points of view on current and historical issues. However, this stance has increasingly put the ALA at odds with certain state legislatures. Some recent legislative proposals have sought to explicitly distance libraries and librarians from the ALA. For example:
- Indiana's House Bill 361 (2023): The legislation states that authorities shall not use any standards or guidance developed by the ALA when determining whether to acquire a book for a library operated by the school district or accredited nonpublic school.
- Georgia's Senate Bill 390 (2024): This bill prohibits libraries from using taxpayer or donated funds on ALA materials, services, or operations. The bill also dissolves the State Board for the Certification of Librarians and transfers its responsibilities to the Georgia Council of Public Libraries, prohibiting the council from requiring librarians to obtain a degree from an ALA-accredited program.
- Oklahoma's House Bill 3115 (2024): This bill, titled the "Opposition to Marxism and Defense of Oklahoma Children Act of 2024," modifies the duties of the Oklahoma Department of Libraries Board, removing the requirement to maintain a liaison with the Oklahoma Library Association. Additionally, the bill removes the requirement that librarians possess a degree from an American Library Association-accredited program, instead requiring only merit and appropriate experience.
It's worth noting that none of these bills passed. But state libraries in Montana, Missouri and Texas and the local library in Midland, Texas, announced in 2023 that they're leaving the ALA over what they see as an overtly political stance. A tweet by ALA President Emily Drabinski in 2022 (a year before she became president) in which she called herself a “Marxist lesbian” also drew criticism and led to the Montana and Texas state library departures. The position of president is a one-year, unpaid post with few operational responsibilities and Drabinski's term ended in July 2024.
Michael acknowledges that walking the fine line between protecting competing freedoms can be difficult. "The ALA is committed to protecting free speech and helping develop a love of reading in everybody, regardless of their background. Beyond that we have no political ideology, but in these polarized times we accept that some people will disagree with our approaches. Just like they did back in the 1800s with Huckleberry Finn. Our overriding principle is that everyone has the right to pick up a book and read it, to make up their own mind."
What Does The Future Hold?
Looking forward, it seems unlikely that the controversy will disappear anytime soon. Project 2025, the conservative playbook for the next Trump presidency should he win in November, claims that currently in America "... children suffer the toxic normalization of transgenderism with drag queens and pornography invading their school libraries." And instructs that, "Educators and public librarians who purvey [pornography] should be classed as registered sex offenders."
According to PEN America (an organization that champions the freedom to write) there was an unprecedented surge in book bans across the U.S. in the 2023-2024 school year, with over 4,000 instances of book banning in the first half of the school year. Their report details book bans in 52 public school districts across 23 states. The ALA's own data backs this up, with efforts to censor books almost doubling from 2022 to 2023.
Florida continues a trend as the state with the greatest number of bans, but, in a sign that perhaps the tide is turning, in April 2024 Governor Ron DeSantis signed House Bill 1285 into law which states that Florida residents who don’t have children in local public schools will have significantly fewer chances to challenge books in local K-12 libraries. The bill "protects schools from activists trying to politicize and disrupt a district's book review process," the governor's office said in a release. The action follows reports that officials were struggling to cope with a deluge of reports, often spurious, asking for books to be removed. “The idea that someone can use the parents rights and the curriculum transparency to start objecting to every single book to try to make a mockery of this is just wrong,” DeSantis said the day before the bill signing. “That’s performative. That’s political.”
The ongoing controversy over book bans and library content reflects deeper societal tensions about education, parental rights, and access to information. As states grapple with these issues through legislation and policy changes, the landscape of public libraries is likely to undergo significant transformation. The outcome of this debate will shape not only what books are available on library shelves but also the broader role of libraries in fostering intellectual freedom and diverse perspectives in American communities. As we look to the future, the resolution of this conflict will have far-reaching consequences for education, free speech, and the nature of public discourse in an increasingly polarized society.
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