“A library is a place of voluntary inquiry and provides equitable access to learning resources. Through the ‘Freedom to Read Act,’ local school boards shall implement policies that ensure our libraries still have an array of content while including the public in that process,” he added.

The bill, S-2421, requires a Board of Education (BOE) or a governing body of a public library to not exclude material from a school library in the district 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 BOE or public library governing body would be required to adopt a policy on the curation of library materials. The Commissioner of Education would consult with the State Librarian, the New Jersey School Boards Association, and the New Jersey Association of School Librarians (NJASL) to develop a model policy for school districts to use.  Further, to protect library employees when performing their duties in good faith, the “Freedom to Read Act” would reaffirm protections for library staff members against civil and criminal lawsuits as a result of following state laws while doing their jobs.

 “Our libraries are a sacred community resource, not a place for careless censorship. The materials they offer should not be restricted based on partisan views or revisionist history,” said Senate Majority Leader Ruiz (D-Essex/Hudson). “Libraries often provide the foundation for children’s education and become incubators of ideas. We must protect these critical institutions and the librarians who provide information that is instrumental in shaping young minds.”

One locally and nationally recognized New Jersey school librarian, Martha Hickson, has faced continued attacks on her personal and professional character. In 2022, she won the Lemony Snicket Prize for Noble Librarians Faced with Adversity for successfully fighting efforts to ban five LGBTQ-themed books at North Hunterdon High School without due process.  

“The harassment that librarians have experienced over the last three years is really an attempt at censorship through intimidation,” said Hickson. “The protections built into the NJ ‘Freedom to Read Act’ will give us the tools to safeguard readers’ rights and the strength to stand up to the bullying tactics of book banners.” 

 The New Jersey Association of School Librarians (NJASL) and the American Civil Liberties Union of New Jersey also expressed support for the Freedom to Read Act.

 “The New Jersey Association of School Librarians is thrilled to see that S2421/A3446, The Freedom to Read Act bill was passed by the full Senate on Monday, October 28. Passage of the bill provides protections for the intellectual freedom of students, acknowledges that school libraries are centers for voluntary inquiry, fostering students’ growth and development, and that educational environments remain safe, inclusive, and resourceful for all,” said NJASL.

 “Banning books means more than taking them off the shelf: it threatens the very foundation of our democracy. We have a responsibility to learn from our nation’s history, reject discriminatory attacks by prioritizing inclusive policy change, and protect New Jerseyans’ fundamental rights to freely speak, think, read, and write – especially for those who are most vulnerable. We’re grateful for the leadership of Senate Majority Leader Ruiz and Senator Zwicker for sponsoring the Freedom to Read Act to ensure New Jersey lives up to its values,” said ACLU-NJ Policy Director Sarah Fajardo.

 Lastly, the bill would also require a BOE to establish a procedure for a request for removal of library material within a school library. Only individuals with a vested interest in the school library would have the opportunity to submit a book for review. A review committee made up of the district superintendent, school employees, community members, parents, and potentially students, would then be established to review the submitted library material for removal.

The challenged library material would remain available for students to access until there is a final decision reached by the BOE, who would need to provide a written statement of reasons for the removal or non-removal of library material or any determination that is contrary to the recommendations of the review committee. Any book reviewed will not be eligible for a subsequent challenge for at least one year.

 The governing body of a public library would adopt similar model policies for library material curation and book removal established by the State Librarian in consultation with the New Jersey Library Association. 

 The bill passed the Senate by a vote of 24-15-1.