LibGuides: Censorship in Children's Literature: Legislation

Recent Legislation

Florida H1557 Known as the "Don't Say Gay" bill. Requires district school boards to adopt procedures that comport with certain provisions of law for notifying student's parent of specified information.
Idaho HB 666 Removes exemptions for schools, public libraries, universities, and museums from statute prohibiting the distribution of harmful materials to children.
Indiana SB 17 Removes schools and certain public libraries from the list of entities eligible for a specified defense to criminal prosecutions alleging: (1) the dissemination of material harmful to minors; or (2) a performance harmful to minors.
Iowa HB 2176 Creating a criminal penalty for public or school librarians for distributing obscene materials to minors.
Kentucky SB167 All library board member terms expire as of January 1, 2023. Allows the county judge/executive with the approval of the fiscal court to appoint the first members of the newly created library board and to fill vacancies of the library board.
Ohio HB327 Prohibits school districts and state institutions of higher education from teaching “divisive concepts.”
Oklahoma SB 1142 Prohibiting certain schools and libraries from maintaining or promoting certain books.
Tennessee HB0580/SB0623 Bans “critical race theory” such as an individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously.
Virginia SB275 Adds significant new procedures to school library materials selection policies including a public comment period and direct parental review of any and all materials, and mandatory parental consent to check out materials considered by a parent to be pornographic or grooming.

Legislation of Concern (everylibrary.org)
EveryLibrary has identified numerous states where bills have been introduced that would restrict teaching about race and sex, censor school library collections, or limit access to educational databases. If enacted, these bills will make it difficult for educators and school librarians to do their jobs. If enacted, public libraries could even be criminalized for their collections.

In the News

Some states are changing the laws that govern community libraries (NPR)
Specifically mentions Kentucky.

Virginia -- Gender Queer

Gender Queer: a Memoir by Maia Kobabe 2020 ALA Alex Award Winner 2020 Stonewall - Israel Fishman Non-fiction Award Honor Book In 2014, Maia Kobabe, who uses e/em/eir pronouns, thought that a comic of reading statistics would be the last autobiographical comic e would ever write. At the time, it was the only thing e felt comfortable with strangers knowing about em. Now, Gender Queer is here. Maia's intensely cathartic autobiography charts eir journey of self-identity, which includes the mortification and confusion of adolescent crushes, grappling with how to come out to family and society, bonding with friends over erotic gay fanfiction, and facing the trauma and fundamental violation of pap smears. Started as a way to explain to eir family what it means to be nonbinary and asexual, Gender Queer is more than a personal story: it is a useful and touching guide on gender identity--what it means and how to think about it--for advocates, friends, and humans everywhere. "It's also a great resource for those who identify as nonbinary or asexual as well as for those who know someone who identifies that way and wish to better understand." -- School Library Journal starred review
Call Number: HQ77.8.K628 A3 2020
ISBN: 9781549304002
Publication Date: 2019

Va. Republicans seek to limit sale of 2 books in Barnes & Noble for ‘obscenity’ (Washington Post)
Two Virginia Republicans have asked a court for restraining orders that would prevent private bookseller Barnes & Noble from selling two books to minors, marking an escalation in the conservative campaign to limit students’ access to literature. (Article available without additional login from any ACTC campus).
Gender Queer Victory in Virginia Explained in 38 Tweets (CBLDF)
On August 30, 2022, a Virginia judge dismissed a lawsuit against the graphic novel memoir Gender Queer. The case that targeted both Gender Queer and A Court of Mist and Fury by Sarah J. Maas would have labeled both books obscene. Jeff Trexler, interim director of the Comic Book Legal Defense Fund (CBLDF), was co-counsel on the case with Steven Emmert representing author Maia Kobabe. Later Tuesday evening, Trexler took to Twitter and posted a brief explainer of the case and why it was dismissed.