Library book ban laws threaten our First Amendment rights & intellectual freedom

Library book ban laws threaten our First Amendment rights & intellectual freedom

Guest post by Kelly J. Wieber

According to EveryLibrary, a non-partisan, pro-library organization, they are following 127 state legislative initiatives and two Federal bills in 2024, with new ones showing up every month. If passed, every single one of these bills would lead to constraints to Americans’ First Amendment Rights and their freedom to read or critically think.

It is reasonable to state that these bills go beyond the damaging censorship capacities of book bans already happening and would add pavers to the path toward the destruction of democracy.

The increase in book bans, as well as our divisive rhetoric, have also allowed the passing of a symbolic baton to continue what appears to be the next leg of the race to criminalize librarianship, education and the human right to intellectual freedom.

The next leg of the race are these future laws. They intend to redefine obscenity laws, defund schools and libraries, deprofessionalize librarianship and make the profession subject to civil penalties.

If passed, the laws would also restrict access to information and books, limit free speech and politicize what has been non-partisan, along with many other alarming proposals. Here in the Pacific Northwest, Idaho legislature has five such bills, with one bill that was recently put into effect July 1.

Critical thinking attacked

Idaho bill HB 710 was signed into law back in April by Gov. Brad Little and is an amendment to Idaho’s existing law under the Children’s Library and Protection Act, now called the Children’s School and Library Protection Act.

The name change makes sense, because, frankly, we can’t talk about libraries without talking about education, too. Both institutions have been under attack for supporting and nurturing any type of critical thinking or protection of marginalized communities.

With this in mind, it is important to be aware of and look at this new Idaho law with a critical eye. It is a precursor to a world where an individual’s right to choose for themselves is taken away. So, let’s dive a little deeper into the new actions that come from Idaho HB 710.

First, HB 710 has redefined and broadened the definition of what is considered “harmful to minors.” By redefining harm, it allows any single individual’s definition of harm to take the place of already established First Amendment rights of another person. Yes, you read that correctly.

Books about orchids are harmful?

For example, if someone considers a book about orchids to be harmful to children because they represent female genitalia, then books with orchids would be banned, removed or relocated for all children. This may sound like an absurd scenario, but it is not that far off from the broad interpretation left open with this law.

Plus, crazier things have already happened in Idaho, like in 2022 when citizens demanded to ban 400 books that an Idaho library did not even have in their collection! It gets worse, and a little more ridiculous, too, so hold on.

The new Idaho law states that it prohibits these harmful materials from being promoted, given or made available to a minor. Obviously, whoever felt the need to propose this has no understanding of how a library works or has never used one before.

Libraries already segregate books into sections, have collection policies and have functioning book challenge policies in place to maintain the libraries’ mission to provide resources for all people.

This subject can get sticky because not all libraries adhere to or participate in the American Library Association’s standards of the Library Bill of Rights and their Freedom to Read Statement. Both documents are worth reading, so I hope you take some time to read them.

What makes a book harmful is not well-defined

Without going too deep into the weeds, I will just simply state that what is considered harmful is imprecise, and it is often used to stop exploration and self-identification for those in marginalized communities, especially LGBTQ+.

I don’t believe that a librarian would ever willingly give a child a harmful book. It just isn’t part of their DNA. What we should really be looking at is where the real harm actually exists. I’ll give you a hint, it isn’t the libraries.

From research I have done, the real plausible harm happening to our children isn’t even being talked about, and it does not stem from a child’s curiosity in the library stacks.

That elephant in the room is the equation of technology and absentee parents. Even with growing research and evidence, these two factors are overlooked and blame is wrongfully misplaced on schools and libraries.

Pointing a finger of blame is not enough though, and Idaho’s HB 710 has created an outline to take the next step toward criminalizing the librarian profession.

The new law arms parents and the state’s legal agencies with the ability to take legal action against schools or public libraries who do not remove said harmful content within 60 days, including collecting damages of $250 and other recourses.

Small libraries have the most to lose

For many small libraries in Idaho, this is devastating and demoralizing to the heart of their purpose. With HB 710 in place, Idaho libraries are having to comply and go against everything the Library Bill of Rights stands for while being threatened of being shut down. This is even truer for the smaller libraries who have less resources of space, time and money.

The far reaching consequences of HB 710 are yet to be seen as the implementation and outcomes are as far-reaching as the definitions of harmful books. What can be seen in this moment is the need to support all libraries, especially since their inherent mission is to protect your human right to be you (check out Article 18 in the United Nations Universal Declaration of Human Rights).

Criminalizing librarianship and education only remove human rights. So, as Lyta Gold states, “A powerful story shows us something that we were unable, previously, to see,” and, right now, in this moment of the marathon, we need more of that.

The views expressed in this opinion column are those of the author and do not necessarily reflect the views of FāVS News. FāVS News values diverse perspectives and thoughtful analysis on matters of faith and spirituality.