Testimony in Support of Delaware HB119 – The Freedom to Read Act

The EveryLibrary Institute has submitted written testimony to the Delaware House Administration Committee in advance of their May 7, 2025, hearing on HB119, the Freedom to Read Act. We support passage of the Act, which would standardize constitutionally compliant processes for collection challenges in schools and public libraries. It builds on the innovative work of the Libraries for All Act last session. 

Delaware House Administration Committee
Testimony in Support of HB119 – The Freedom to Read Act
Submitted by the EveryLibrary Institute NFP

May 7, 2025

Chair Harris, Vice Chair Osienski, and Members of the Committee:

On behalf of the EveryLibrary Institute, a national non-profit policy think tank focused on library funding and public access to information, we write in strong support of House Bill 119, the Freedom to Read Act (2025). We commend Representative Griffith and the bill’s co-sponsors for introducing a comprehensive and timely proposal that offers Delawareans a constitutionally grounded, community-based response to the growing trend of unconstitutional censorship in public and school libraries nationwide.

This legislation provides a thoughtful and practical framework for ensuring that libraries across Delaware operate under clear, fair, and transparent collection development and material review policies. In a moment when public institutions are increasingly targeted for ideological pressure and political interference, HB119 strengthens Delaware’s ability to protect readers' rights and local government's responsibilities.

HB119 requires all public and school libraries in Delaware to adopt written collection development policies grounded in three core principles:

1. Materials must serve the interest, information, and enlightenment of the communities the library or school serves.
2. Materials may not be excluded or removed solely based on the identity, origin, or views of the creator.
3. Materials may not be subject to restriction due to partisan, ideological, or religious objections.

These principles reflect longstanding constitutional protections for freedom of expression and the rights of readers. By embedding them into Delaware library law, HB119 offers a proactive safeguard against politically motivated or viewpoint-based attempts to suppress access to information or encourage unconstitutional censorship.

The bill requires all public libraries and school systems to establish procedures for the review of challenged materials. Only individuals with a direct connection to the library or school may submit objections. Individuals may only file one active objection at a time, with subsequent objections allowed only after prior reviews conclude. The bill’s creation of an appeal process in public libraries and the School Library Review Committee provides a well-balanced, expert-driven final appeal process and reinforces the idea that policy decisions should be informed by professional librarians’ experience and educational goals.

This structure achieves two important goals. First, it ensures that citizens have the right to voice concerns about public resources and be heard through a fair, orderly process. Second, it prevents bad-faith or ideologically motivated campaigns, especially originating from outside the community, from disrupting access or imposing unconstitutional censorship under the guise of public complaint.

Importantly, HB119 prohibits retaliation, demotion, transfer, or disciplinary action against public library employees, school librarians, or other educational staff who carry out their duties in accordance with adopted policies. These workforce protections are essential.

Across the country, we have witnessed librarians and educators face harassment, job threats, and public attacks simply for doing their jobs. This has had a chilling effect in many states: staff become hesitant to purchase books or provide access, even when it aligns with professional standards, out of fear for their employment.

At its core, HB119 affirms that Delaware can meet the needs of a variety of readers without resorting to censorship. It balances the right of individuals to raise concerns with the constitutional right of all people to access ideas and information. It ensures decisions are made locally, fairly, and in accordance with the rule of law. In our view, HB119 is good library policy and encourages good governance. It is a necessary step to prevent the kinds of unconstitutional censorship and partisan disruption that have harmed communities in neighboring states. We urge the Committee and the General Assembly to pass HB119 and affirm Delaware’s commitment to open access, democratic discourse, and the right to read.

Respectfully submitted,

John Chrastka

Executive Director
EveryLibrary Institute NFP