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Kelly is a former librarian and a long-time blogger at STACKED. She's the editor/author of (DON'T) CALL ME CRAZY: 33 VOICES START THE CONVERSATION ABOUT MENTAL HEALTH and the editor/author of HERE WE ARE: FEMINISM FOR THE REAL WORLD. Her next book, BODY TALK, will publish in Fall 2020. Follow her on Instagram @heykellyjensen.

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Several states nationwide have floated legislation to curtail book bans this year. Some of those bills, like the one proposed in Utah, were not only voted down but were superseded with bills that actually further fuel book bans. Other anti-book ban bills, however, made their way successfully through to law.

Lets take a look at the states that have addressed the right to read and access materials at the library by law. This is as comprehensive as possible, with the acknowledgment that other bills may be pending as of writing or maybe in the works for the next legislative session. It does not include bills that address other library-related issues.

Passed in 2023, the first-in-the-nation anti-book ban bill in Illinois ties funding to intellectual freedom policies in public and public school libraries. Basically, if a library wants access to a pot of state money for their institution, they need to have in their collection policies the American Library Associations Library Bill of Rights and/or a comparable statement upholding the rights of everyone to access materials in the collection. Books and other items in the library cannot be removed for partisan or discriminatory reasons.

This is a great first step, though certainly, it hasnt ended book bans in Illinois over the course of its first year as a law because it is fairly limited in scope (it was easy for a school board to ban an entire book reading program, for example). It also does not apply to prison libraries. But the signal this bill sends to libraries that the state is paying attention cannot be downplayed.

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Also passed in 2023, the California anti-book ban bill applies to school boards specifically. They are unable to censor or ban books, curricula, textbooks, or other learning materials from the districts they oversee. The bill does not apply to public libraries or prison libraries. It also has not stopped school boards from censorship since implementation (not to mention that its public libraries bearing the brunt of censorship right now), but, like the bill in Illinois, it is at least an acknowledgment of an ongoing reality, even in a blue state like California.

There is a bill still alive in the state (AB 1825) crossed over from the Assembly to the Senate in the past weeks that would ban book bans more akin to how Illinois has.

Passed in early June 2024, Colorado has implemented new laws requiring every public library to have a collection policy and, if they allow for books to be challenged, requiring policies governing the process. One thing this particular bill does that is noteworthy is it requires keeping track of the outcomes of every official book challenge in public libraries. It also makes the names of those seeking to remove books public. Both of these add a crucial layer of transparency to the process. The bill does not, however, codify that books cannot be removed for discriminatory reasons (though that was in the original draft).

Minnesotas governor signed off on Senate File 3567 as part of a robust education bill. The portion related to libraries relates to both public and public school libraries, as well as public colleges and universities. All of these institutions are now required to have collection policies, as well as guidelines for the selection and reconsideration of material. This is similar to that passed in Colorado, though Minnesotas bill makes it clear books cannot be removed on the basis of viewpoint or opinion alone.

Also passed this year is Marylands Freedom to Read Act. In both public libraries and school libraries, the bill protects access to books and other library items by stating they cannot be removed or prohibited from collections because of partisan or doctrinal disapproval. Collections seek to serve the research and recreational needs of all, and materials cannot be excluded based on the origin, background, or views of their creator. Both school and public libraries would need to have collection development policies in place, and if a book were to be challenged, the title would remain on shelves and available for use through the reconsideration process.

One of the more robust bills passed in 2024 is Vermonts Protecting Libraries and the Freedom to Read Bill. Among the provisions are requiring libraries to have policies that align with the First Amendment and anti-discrimination laws. Legal protections for libraries and library workers throughout the state have been strengthened as well as more robust opportunities for education around libraries and their role in community and civic life would be created for library workers and trustees.

What makes Vermonts legislation stand out, aside from its clear commitment to upholding and championing libraries, is that its emergence came following a report put together by library workers to give the legislature a real picture of the current state of the states institutions. You can read the full working group report here.

An anti-book banning measure for public schools passed in the state of Washington. HB 2331 is similar to the California bill in that it bars school boards from banning books, curriculum, textbooks, and other materials from use for discriminatory reasons. By the 2025-2026 school year, boards need to have in place policies related to supplemental materials (i.e., library and classroom materials) and how those are reviewed and evaluated were they to be challenged.

These wins matter. Even when the bills initially presented look significantly different by the end, like the one in Colorado, they send an important message. Use these wins to continue fueling your own anti-censorship work and remember, the most important things you can do to fight book bans in 2024 is to vote, show up to board meetings, and get into the ears of those who represent you.

Its worth noting here that several anti-book ban bills are still on the docket in other states. New Jerseys Freedom to Read Act moved forward in the legislature just last week, taking it one step closer to passage. Massachusetts, one of the first states to introduce anti-book ban legislation in 2024, pushed its hearings on the measures to June. The concurrent House and Senate proposals are currently in committee.

You can dive into the states that have attempted successfully or not to criminalize librarians this year, as well as the states which have made it or tried to make it against the law for library workers to join or engage with the American Library Association.

Read more:
States That Have Banned Book Bans: Book Censorship News, June 14, 2024 - Book Riot