Literary Activism

California Passes Freedom to Read Act to Curtail Book Bans; Governor to Sign

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.

Joining several other states that have passed anti-book ban acts in the last two years–Illinois, Colorado, Maryland, Minnesota, Vermont, and Washington–the California legislature has officially signed off on a bill to curtail book bans across the state. It is the second bill passed by the state meant to protect the freedom to read, following the passage of Assembly Bill 1078 last year which prohibits school boards from banning books. The new bill, Assembly Bill 1825 (AB 1825), mirrors much of what was passed in Colorado’s bill.

AB 1825 was introduced in January by democrats Al Muratsuchi, alongside Chris Ward, Dawn Addis, Susan Eggman, and Dave Min. The bill requires every public library that receives state funding to create a written collection development policy that addresses the following:

  • How materials are selected and removed from the collection
  • An emphasis on collecting a diverse and representative collection of materials to meet the needs and interests of an entire community
  • Acknowledgement of the library’s role in the community as a place for the freedom to read and for freedom of inquiry and expression
  • A process for the public to challenge material
  • Addressing the purpose of the library to protect the public’s right to an array of ideas
  • Noting that the library is open and accessible for all people, regardless of age, beliefs, or any other characteristcs
  • Emphasizing how the library protects patron privacy and confidentiality.

In addition to the above, AB 1825 protects library workers. Workers no longer need to worry about being fired or retaliated against for refusing to remove or relocate material before it is officially reviewed if challenged. That would be against the provisions of the new bill.

All public libraries who want to continue receiving state funding would need to have these in place by January 2026. The bill applies to city, county, and special district libraries, but it does not include public school libraries–that was addressed in the earlier bill.

Public libraries have a duty to create and maintain robust collection management policies, but not all of them do. This bill addresses the gaps between what the library does and how they do it, as well as reinforces the fact that libraries serve everyone in a community, not just part of it. Public libraries who have publicly available, well-developed collection management policies are less likely to ban books when they’re challenged because they have a process in place. That transparency is crucial.

The bill will put a damper on measures by some people in the state angling to pass sweeping book bans in their public libraries. Fresno County Supervisor Steve Brandau is among those who have been working to make removal of library books easier. His “Parents Matter Act,” would help create parental review committees at the libraries in the county who could remove books they deem inappropriate. AB 1825 ends that move–at least legally.

Public libraries in California have not been spared from attacks over the last four years from book banning. Fresno is but one example. Others include the ongoing battle over Huntington Beach Public Library, taken over by extremists in the city council. Those extremists state that their plan is to protest the legislation. Challenges and bans have showed up in Newport Beach Public Library as well.

“I am thankful to the members of the Legislature for passing my AB 1825. Our freedom to read is a cornerstone of our democracy, and we need to defend the right of Californians to have access to books that offer diverse perspectives,” said Muratsuchi, who introduced the bill.

AB 1825 is on Governor Newsom’s desk and he is expected to sign it into law.

Elsewhere, both New Jersey and Massachusetts have active anti-book ban bills still circulating in their legislation for the year. At the end of August, Delaware signed a new pro-library, anti-book ban bill into law as well, further increasing the number of states recognizing the importance of libraries, the capabilities of library workers to do their job, and the necessity to protect the freedom to read for all.