TRENTON, NJ – In a recent turn of events, New Jersey Democrats have pulled a bill that would have granted public school teachers and librarians immunity for providing children with unsuitable and pornographic books.
The proposed legislation, known as the “Freedom to Read Act,” aimed to establish requirements for library materials in public school libraries and public libraries, while offering protections against harassment for librarians and school library media specialists.
The bill mandated that boards of education and governing boards of public libraries adopt policies for the selection of library materials, including a wide range of media from books to digital content. Additionally, it called for the creation of model policies by the Commissioner of Education and the State Librarian, in consultation with relevant professional associations, to guide the curation of library materials.
Policies under the bill were to include mechanisms for challenging library materials, with procedures for review and final determinations to be documented in writing.
The legislation also emphasized the inclusion of diverse and inclusive materials in library collections, reflecting a broad spectrum of protected classes as outlined in the “Law Against Discrimination” (LAD). Furthermore, it sought to shield educators and librarians from criminal and civil liabilities while performing their duties under the bill, even offering them a civil cause of action against harassment related to their compliance with the bill’s provisions.
Despite its intent to protect the freedom to read and the professional autonomy of librarians and educators in curating library collections, the bill faced withdrawal amid concerns over the potential for immunity in cases of distributing inappropriate content to students.
The proposed measures had aimed to expand protections under the LAD, including against discriminatory acts for refusing to remove library material, unless such removal was permitted under the bill’s guidelines.