The "Freedom to Read Act" is designed to safeguard individuals' rights, particularly for students, to access a wide array of library materials without facing censorship. It underscores that the freedom to read is a constitutionally protected right under the First Amendment, affirming that students retain their rights to free speech and expression in school settings. The bill mandates that boards of education develop policies for library material curation that acknowledge diverse viewpoints and prohibit censorship based on the content or origin of materials. Additionally, it establishes a structured process for the removal of library materials, requiring the creation of a request for removal form and a review committee to assess such requests, while ensuring that materials cannot be removed simply due to disagreement with their content.
The legislation also extends similar protections and procedures to public libraries, emphasizing the importance of intellectual freedom and the right to read without undue restrictions. It requires the State Librarian, in collaboration with the New Jersey Library Association, to develop a model policy for public libraries regarding material removal requests. This policy includes a formal request process, a review committee, and mandates that challenged materials remain available until a final decision is reached. Furthermore, the act prohibits censorship based on the origin or views of creators and grants immunity to library staff from civil and criminal liability when acting in good faith under the act's provisions. The act will take effect one year after its enactment, allowing libraries time to prepare for implementation.
Statutes affected: Introduced: 10:5-12