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The Year in Anti-Book Ban Laws (& What They Actually Mean): Book Censorship News, December 20, 2024

Kelly Jensen

Editor

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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New Jersey became the latest state to pass a statewide anti-book ban bill. It happened in early December, and they joined a slate of other states who managed to pass such laws in 2024.

The wave of anti-book ban laws passed this year deserves recognition. But it also necessitates pausing to not only understand what these laws actually mean—they aren’t going to stop book censorship, for one—but also why they will not be the solution to America’s ongoing book ban problem.

In general, there are two types of anti-book ban bills being passed at the state level. The first ties a pool of money to public libraries, which might include public school libraries, to agreeing they will not ban books. That agreement may involve proving your library has a policy in place against book banning modeled after the American Library Association’s Freedom to Read statement or one that is more specific to the particular institution. If you have these things, you send proof to the designated official in the state, and you’ll receive a small grant to use for your library. In Illinois, those grants have ranged in the $800-$2000 range, which for many libraries, is a huge sum of money. This style of anti-book ban bill does not require compliance, and as reported by the Chicago Tribune, many places throughout the state have simply elected not to take the grant money.

The second type of anti-book ban bill strengthens librarian job protections. These bills codify that librarians, as part of their job, can deny book bans. They are the experts with the knowledge and resources to make developmentally—and community—appropriate collection decisions, and as such, when they defend a book’s inclusion in a library, their jobs will not be on the line. These bills are meant to encourage librarians to do the work. They’re a safety net for library workers who’ve been engaged in anti-censorship measures in their libraries. But like the other style of anti-book ban bill, these measures do not require librarians to do anything. Indeed, those already deeply engaged in quiet/silent censorship can continue unfettered. In some cases, such legislation further emboldens those who simply don’t purchase materials or inappropriately “weed” them because they can make the claim they’re doing the thing that’s best for their community (what they mean is they don’t want to do their jobs and are instead either in agreement with the complaints or are complying in advance).

These two broad categories of anti-book ban bills can overlap. Politicians who draft or sponsor these bills do so with the knowledge of what has the best possibility of being approved, thus why each piece of legislation differs (and why sometimes, you’ll see several pieces of legislation addressing all of these parts).

But what each of these anti-book ban bills has in common is that they address one type of book censorship: the banning part. There are, however, Four Rs of book censorship, a term and classification coined by Dr. Emily Knox:

  • Restriction, or the intentional inability for books to be accessed by all who may want them. This would be putting books behind a desk so that people must ask to borrow them and may be denied if they don’t meet certain requirements.

  • Redaction, the intentional editing or removal of material from a work. Cy-Fair Independent School District (TX) did this when they elected to omit sections from textbooks to be used by students that they disagreed with. Another example would be drawing underwear on a character in a book who may be nude, as was done several times in libraries in the ’70s and ’80s with Maurice Sendak’s In The Night Kitchen.
  • Removal, also known as a book ban.

Anti-book ban bills address only that last R, the actual removal of books.

pink image with the four Rs of censorship written out on it. There is a big red X through "removal."

That still leaves plenty of room for libraries to redact, restrict, and relocate materials, as well as engage in quiet/silent censorship. It’s not a complete end to book censorship, and because of how much latitude there is in what these bills require, so, too, is there plenty of room for continuing book bans even in states with these laws.

None of this is meant to be a downer. It’s meant to be a reminder that “good” “blue” states passing these bills still don’t have good mechanisms for addressing the reality of book censorship. Just look at Anoka County, Minnesota, schools. It’s a “good” “blue” state with an anti-book ban law on the books, and yet, the district still plans to use the slapdash, partisan creation of Moms For Liberty, BookLooks, to make decisions on whether or not to keep materials on shelves. These bills are tied to incentives or to individual protections. They are not about protecting the institutions nor the broad scope of the problem.

Moreover, none of these bills to date address the largest purveyor of book censorship, the prison system. As much as we need to fight for and on behalf of public schools and public libraries, so, too, do advocates for the freedom to read and freedom to think need to be advocating for those experiencing incarceration. Access to books and libraries reduces recidivism and has an incredible impact on those on the inside (see this, this, and this). Prison censorship is directly related to America’s legacy of slavery.

There is something especially important in these bills, though, and it’s this: politicians working to get anti-book ban bills passed are signaling to constituents that they are listening to library workers. They are championing the institutions being attacked. Even if their attempts are only moderately successful in addressing the issues, they’re majorly symbolic. These legislators are the ones that not only library workers should continue to get into the ears (and inboxes) of, but so, too, should every citizen concerned about what’s happening in libraries both in their state and beyond. As you’re planning your 2025 pro-library, anti-book censorship advocacy, learn who was behind these bills in your state and reach out to them. Tell them what else they can be doing and provide them with the data and anecdotes to help bolster why they should act now.

So, as we round out 2024 in book censorship news, here’s a roundup of the eight states that have successfully passed anti-book ban laws. I’ve included a short description of what is in each bill, but you can and should visit the bills as passed to learn more.

California

Addresses Public Schools & Public Libraries

California passed its first anti-book ban bill as it relates to public schools in 2023. This bill disallows school boards to ban books that they deem inappropriate and bans related to partisan or doctrinal belief. It should be noted that at the same time this anti-book banning measure came up, there was a bill floating in the state legislature that would allow parents to sue school boards for not banning books fast enough.

The state then passed one for public libraries in 2024 through Assembly Bill 1825. The public bill ties funding to having intellectual freedom policies, much like Illinois, and it also strengthens protections of librarians who defend their collections. The bill will go into effect January 1, 2026. You can see how excited some of the local politicians are about it, too; Fresno County’s supervisor will have his little parent book banning committee invalidated.

Colorado

Addresses Public Libraries

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).

Retaliation against library workers for defending books is included in this bill.

Illinois

Addresses Public Schools & Public Libraries

The Prairie State made history as the first to pass an anti-book ban law. The law ties funding to intellectual freedom policies in public and public school libraries. 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 Association’s 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.

Maryland

Addresses Public Libraries and Public Schools

Maryland’s Freedom to Read Act 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.

You may note this bill has not stopped book banning in the state. Seven books were banned from Carroll County Public Schools after the bill’s passage and Montgomery County Schools bowed to pressure from the local bigotry brigade and pulled two LGBTQ+ inclusive books about family from curriculum.

Minnesota

Addresses Public Libraries, Public Schools, and Public Institutions of Higher Education

Minnesota’s governor signed off on Senate File 3567 as part of a robust education bill. 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 Minnesota’s bill makes it clear books cannot be removed on the basis of viewpoint or opinion alone.

New Jersey

Addresses Public Schools and Libraries

The just-passed Freedom to Read bill in New Jersey offers protections for librarians who are defending the right to have books accessible in their collections, and it also requires school and public libraries to have policies about where and how materials are acquired, evaluated, and go through the challenge process (if complaints are filed). Books cannot be banned based on politics or doctrine, and only people who have a vested interest in a school community can lodge challenges. This will deter, for example, members of Moms For Liberty or other groups from challenging books if they don’t actually live in the community of the school to which they’re complaining.

Something of note: as mentioned above, this bill is not the original bill as introduced. Several of the protections initially proposed were moved, including one that would ensure librarians are not discriminated against in future hiring decisions based on their anti-book ban experiences in previous institutions.

The bill goes into effect next year.

Vermont

Addresses Public Libraries

One of the more robust bills passed in 2024 is Vermont’s 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 Vermont’s 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 state’s institutions. You can read the full working group report here.

Washington

Addresses Public Schools

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.

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For the 2025 legislative session, there are already three states with anti-book ban bills on the docket. These include Missouri (in the Senate addressing public schools and libraries and in the House, any library receiving state funds) Arkansas (addressing school and public libraries), and Michigan (addressing public libraries and district libraries). Anticipate also seeing bills be revisited in states that did not pass anti-book ban bills in 2024 in the coming session, including Massachusetts, New York, Rhode Island, and more. There’s also an interesting research study being conducted in regard to Senate Bill 1531 from Massachusetts that explores the problem of banned books in state prisons.

The US Senate Resolution 857 isn’t dead yet, either, though with the incoming administration, chances of seeing this one move any further are marginal.

Book Censorship News: December 20, 2024