A new law in N.J. limits the banning of books in schools and public libraries

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When Martha Hickson was the librarian at New Jersey’s North Hunterdon High School, she fought against attempts to ban books that her critics labeled as inappropriate because they contained sexual content, and she became a target of book banners.

“I received hate mail, shunning by colleagues, antagonism by administrators, and calls for my firing and arrest,” the recently retired librarian said.

She said “a handful of parents called me by name a pedophile, pornographer and ruiner of children.” At issue were five award-winning books for young adults, all with LGBTQ themes.

Hickson, who was named the 2023 Librarian of the Year by the New Jersey Library Association, said all the books were retained after the school board reviewed the matter and affirmed the titles met the district’s standards.

On Monday at the Princeton Public Library, she watched as Gov. Phil Murphy signed into law A3446, known as the Freedom to Read Act.

“This legislation mandates that books cannot be removed from our libraries solely based on the origin, background or views contained within the text, or because an individual finds it offensive,” he said.

According to the American Library Association, the number of books targeted for censorship has increased dramatically in recent years, many times because they include sexual content deemed to be explicit or discuss LGBTQ issues.

Murphy said “our children deserve the chance to see different examples of love, faith and cultural expression in the books they read.”

Republican state Sen. Michael Testa disagrees. He said the legislation should never have been approved and signed.

“It allows a librarian or other official in a school to show materials to children which may violate our obscenity laws,” said Testa.

Murphy said parents and others may object to certain books being in the library based on their beliefs, but they do not have the right to bully and threaten librarians, so the Freedom to Read Act provides protections for library staff members against civil and criminal lawsuits related to complying with this law.

Testa argued if obscene material is shown to school children, librarians and other school officials should not be given immunity.

“If this same material was shown to children by a neighbor, they would be charged with a Megan’s Law offense,” he said.

The governor said the statute will ensure generations of New Jersey’s children can continue to discover the wonders that await them in books.

“This law will also project the rights of young New Jerseyans to access developmentally appropriate books, including diverse and inclusive materials that will help them learn and grow,” Gov. Murphy said.

The law will require local school boards and governing bodies of public libraries to establish policies for curation and removal of library materials, including a system of review to address concerns over library materials. The Department of Education, the state librarian, the New Jersey Association of School Librarians and the New Jersey School Boards Association will support establishing these policies.

“Part of our responsibility as educators and education policymakers is to empower students by providing access to diverse ideas, knowledge and perspectives,” said Acting Education Commissioner Kevin Dehmer. “The Freedom to Read Act demonstrates our commitment to the educational excellence that defines our state.”

“With this act, New Jersey has assured that local interests guide the development of local collections based on local needs,” said Jennifer Nelson, New Jersey’s state librarian.

Republican state Sen. Joe Pennacchio said the main issue is protecting children.

“There’s a lot of horrific material that’s being allowed, we have a duty to keep this stuff away from our kids, this is not age appropriate,” he said.

He said, “What’s the purpose of presenting this material in school? This should be determined by the family itself.”

Murphy said books are key to fostering a culture of learning that extends far beyond the classroom.

“They encourage the curiosity of young readers, and when our kids feel inspired to learn, they will also be inspired to work hard and to dream big,” he said.