Red states threaten librarians with prison — as blue states work to protect them

Sam Lee, a leader of the Connecticut Library Association, heads to work these days torn between hope and fear.

She’s encouraged because legislators in her state proposed a bill this year making it harder for school boards to ban library books. But she’s fearful because Connecticut, like America, is seeing a sustained surge in book challenges — and she wonders if objectors will see the legislation as a reason to file more complaints.

“I would like to be optimistic,” Lee said. “But having been in my position for the last few years … I don’t know, it really feels like it’s been forever. And I am worried the book banners are just going to be emboldened.”

The bill in Connecticut, pending before an education committee, is one of a raft of measures advancing nationwide that seek to do things like prohibit book bans or forbid the harassment of school and public librarians — the first such wave in the country, said John Chrastka, director of library advocacy group EveryLibrary. Legislators in 22 mostly blue states have proposed 57 such bills so far this year, and two have become law, according to a Washington Post analysis of state legislative databases and an EveryLibrary legislative tracker.

But the library-friendly measures are being outpaced by bills in mostly red states that aim to restrict which books libraries can offer and threaten librarians with prison or thousands in fines for handing out “obscene” or “harmful” titles. At least 27 states are considering 100 such bills this year, three of which have become law, The Post found. That adds to nearly a dozen similar measures enacted over the last three years across 10 states.

Lawmakers proposing restrictive bills contend they are necessary because school and public libraries contain graphic sexual material that should not be available to children. Some books’ “sole purpose is sexual gratification,” said West Virginia Del. Brandon Steele (R), who introduced a bill that would allow librarians to be prosecuted for giving obscene titles to minors.

“It is strictly about pornography,” Steele said. “On that limited basis, this isn’t going to have the chilling effect people think it’s going to.”

But other lawmakers say bills like Steele’s are ideologically driven censorship dressed up as concern for children. They note that, as book challenges spiked to historic highs over the past two years, the majority of objections targeted books by and about LGBTQ people and people of color.

“To attack library books, you’re attacking the ability to learn, grow, think,” said Missouri state Rep. Anthony Ealy (D), who introduced a bill this year to prohibit book bans in public libraries. It “has nothing to do with protecting kids.”

Chrastka of EveryLibrary said he fears red and blue parts of America are charting different courses for the future of reading.

“I see an emerging divide about the right to read, the right to access stories about people like you, the right to be yourself in the library,” he said. “We do have two Americas settling into place.”

Banning book bans

The protective library laws being pushed around the country run the gamut: From increasing funding to adding school librarians to campuses to forbidding “discrimination” in choosing which books to stock.

Red states threaten librarians with prison — as blue states work to protect them

A bill pending in New Jersey grants librarians the right to sue if they suffer “emotional distress, defamation, libel, slander [or] damage to reputation” due to harassment from someone displeased with their books. Another, in California, stipulates public libraries cannot remove books “for partisan or political reasons.”

“We never thought we’d need it in writing,” said Rene Hohls, president of the California School Library Association. “But we’re grateful that our representatives are paying attention to this and putting it out there.”

Many bills lay out procedures to guide book challenges. Some measures say objectors must prove they have read the book they are challenging. Others mandate book review committees must include members of minority racial groups.

Still other measures, focused on public libraries, build on state and federal laws that forbid discrimination in public places due to a person’s race, sex or gender. These bills assert that removing titles about, say, LGBTQ people, would violate the equal protection clause of the Constitution.

“If we’re not turning people away from the door based on the color of their skin or the fact they’re wearing a rainbow pride flag, we should not be taking their books off the shelf,” said Chrastka of EveryLibrary. His organization developed sample language for this sort of law and has worked with lawmakers in roughly half a dozen states to introduce bills this year.

Other protective bills outlaw book removals. Some draw inspiration from an Illinois law enacted last year that prohibits “the practice of banning specific books or resources.” At the time, Gov. J.B. Pritzker declared his state was “showing the nation what it really looks like to stand up for liberty.”

Across the country, c0-president of the Vermont School Library Association Rebecca Sofferman was thrilled to see it.

Rebecca Sofferman and Charles Dabritz, co-presidents of the Vermont School Library Association, stand out front of the state house where they recently testified in favor of pro-library legislation.

This year, Vermont lawmakers have proposed three protective bills. One would prohibit removing library books due to “school board members’ or member of the public’s discomfort, personal morality, political views, or religious views.”

A few weeks ago, Sofferman drove to Montpelier to testify in favor of one of these bills, which she called “heartening.”

“Even if the laws don’t pass,” she said, “they get people talking.”

Librarians face jail time

Some restrictive library bills give parents more power over book selection, for example requiring schools obtain parental sign-off before providing children sexually explicit content. Another common move is to require that libraries post lists of their books for parental review.

But the majority of the bills work the same way. They eliminate long-established exemptions from prosecution for librarians — sometimes teachers and museum employees, too — over obscene material. Almost every state adopted such carve-outs decades ago to ensure schools, museums and libraries could offer accurate information about topics such as sex education.

Removing the exemption means librarians, teachers and museum staffers could face years of imprisonment or tens of thousands in fines for giving out books deemed sexually explicit, obscene or “harmful” to minors. For example, an Arkansas measure passed last year says school and public librarians can be imprisoned for up to six years or fined $10,000 if they hand out obscene or harmful titles.

The law protects children and doesn’t harm librarians unless they’re doing something awful, bill sponsor Sen. Dan Sullivan (R) said at the time: “If they don’t knowingly violate [the law], they’re free and clear.”

Seventeen states are weighing some version of this measure, The Post found. That comes after at least eight states enacted such laws between 2021 and last year, although two were later vetoed and one was blocked by the courts.

The Post could not find an instance in which a librarian has been charged under these laws. But Peter Bromberg of the Utah Library Association pointed out several recent cases in which police were called to schools or launched investigations over books — in Missouri, Texas and South Carolina.

It has forged a poisonous atmosphere for librarians, said Megan Tarbett, a county library director in West Virginia and president of her state’s library association. West Virginia considered a bill this year ending exemptions from prosecution over “obscene” material for schools, public libraries and materials, but it failed to pass.

Even so, Tarbett said, she worries legislators will reintroduce the bill, scaring potential librarians away from the profession: “It’s going to be hard where you could go to jail for doing your job.”

In some places, librarians have already called it quits.

The library where Rebecca Sofferman works in Vermont.

Tara White was appointed Elkhart Community Schools’ director of literacy in 2015. For the first several years, she never fielded a book challenge — until 2021, when community members objected to 60 titles, she said. When she defended the books, a conservative website claimed she was fighting for porn in school.

Then last year, Indiana passed a law declaring school employees can face criminal prosecution — leading to a possible $10,000 fine or 2½ years of jail time — for handing out sexual material that is “harmful to minors.”

White resigned.

“I loved being a librarian and … helping every student find themselves in a book,” White said. But while certain she wasn’t actually “breaking the law, nobody wants to go through that process.”

Nobody wants to go to jail, she said, for giving children books.