Written Testimony to NJ Senate Education Committee on S.2124 "Freedom to Read" Act

At the request of our colleagues from the New Jersey School Librarians Association (NJASL), the EveryLibrary Institute has submitted Written Testimony to the New Jersey State Senate Education Committee endorsing and supporting Senate Bill 2421, the Freedom to read Act of 2024. 

S.2124 provides a comprehensive, fair, orderly, and constitutional framework to ensure the right to read in schools and libraries. It defends against unconstitutional censorship in schools and libraries, reinforces the professionalism of school librarians and public librarians, addresses harassment and threats against libraries and the profession, and applies long-standing legal protections under New Jersey’s Law Against Discrimination (LAD) to protect library institutions and professionals from harassment and defamation. We urge the Committee to move it to the full Senate and pass the Freedom to Read Act this session. 

Written Testimony in Support of Senate Bill 2421 (2024-2025)
Submitted to the New Jersey House Education Committee
by the EveryLibrary Institute NFP

September 30, 2024

To Senator Vin Gopal, Chair, Senator Shirley Turner, and the Honorable Members of the Committee:

Thank you for holding a hearing today on Senate Bill 2421 (2024), the "Freedom to Read Act." The EveryLibrary Institute, a non-profit public policy, tax policy, and education policy research organization, supports this bill, which defends against unconstitutional censorship in schools and libraries, reinforces the professionalism of school librarians and public librarians, addresses harassment and threats against libraries and the profession, and applies long-standing legal protections under New Jersey’s Law Against Discrimination (LAD) to protect library institutions and professionals from harassment and defamation.

At its core, Senate Bill 2421 and its companion bill A.2421, address the growing crisis of unconstitutional censorship in both public schools and public libraries. The bill reaffirms the constitutional rights enshrined in the First Amendment, which protects the freedom to read and access information. As established in Tinker v. Des Moines (1969), students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Furthermore, Board of Education v. Pico (1982) found that school libraries play a unique and critical role in fostering voluntary inquiry and self-education and affirmed that school officials cannot remove books from a school library simply because they dislike the ideas contained in those books. This bill affirms and protects students' access to materials in school libraries, guarding against attempts to restrict access to books and information based on subjective personal beliefs.

S.2421 reinforces First Amendment protections in public libraries by ensuring that decisions about library materials are made by trained professionals, based on objective and pedagogical standards, not on political or ideological biases. The bill would require a formal, transparent process for handling challenges to library materials, which protects against arbitrary censorship. It also offers legal protections to library professionals who maintain inclusive and diverse collections. We reject any application of the Government Speech Doctrine to collection development policies in public libraries and schools, as is being attempted in Florida and Texas. By codifying these practices, the bill protects public libraries from unconstitutional censorship and guarantees that libraries remain places of free expression and access to a wide range of ideas.

It is important for the Committee to note that the New Jersey State Constitution contains strong guarantees of free speech. At Article I, Section 6, the New Jersey Constitution states that “every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; no law shall be passed to restrain or abridge the liberty of speech or of the press.” State constitutional language offers broad protection of rights and may even be more robust than federal guarantees, particularly in the context of public institutions like libraries and schools.

The bill also provides much-needed protections for library professionals who have increasingly found themselves targets of harassment and defamation. In recent years, there has been a disturbing rise in attempts to intimidate and vilify librarians for simply doing their jobs. The EveryLibrary Institute has tracked over 60 reports of bomb threats and terroristic violence against public libraries since May 2022. By including provisions that protect library professionals from harassment, S.2421 makes it clear that violence, intimidation, and defamation will not be tolerated in New Jersey’s schools and libraries. We thank the Assembly for including these important protections in its version and urge the Senate to act in defense of the life, liberty, and property of New Jersey’s library workers and educators.

A very important component of S.2421 is its alignment with the New Jersey Law Against Discrimination (LAD), one of the most comprehensive anti-discrimination laws in the country. Under the LAD, public libraries are classified as "places of public accommodation" (N.J.S.A. 10:5-5(l)). This means that libraries, as public institutions, are obligated to uphold the same standards of accessibility and non-discrimination as any other public space. The LAD protects all individuals' rights to access the "accommodations, advantages, facilities, and privileges" of public institutions without discrimination based on race, creed, color, national origin, ancestry, gender identity, sexual orientation, or disability, among other protected categories (N.J.S.A. 10:5-4). This provision, thereby, would mandate that public libraries ensure equitable access to their collections, programs, and services for all individuals, regardless of their background or identity.

By aligning with LAD, this bill emphasizes that anti-discrimination must be a core value of every public library in New Jersey. Libraries should adopt and implement policies that ensure their collections, programs, and events are designed to serve all community members without discrimination. Senate Bill 2421 enhances this vision by protecting the rights of all individuals to access diverse materials, participate in inclusive programs, and engage in community-building events, all without fear of discrimination.

Senate Bill 2421 provides a comprehensive, fair, orderly, and constitutional framework to ensure the Freedom to Read in schools and libraries. We urge the Committee to pass the bill to strengthen the rights of its students, library patrons, and professional librarians.

Sincerely,

John Chrastka
Executive Director, EveryLibrary Institute NFP

Learn more about the New Jersey Association of School Librarians' campaign to pass S.2124 / A.2124, the "Freedom to Read" Act of 2024 at https://www.saveschoollibrarians.org/njaslbookbans.