Governor Signs HB119, The Freedom To Read Act, Into Law

Ensuring libraries promote fairness and maintain community standards

By Brent Burdge – Contributing Journalist

Dover, DE – In a significant move to uphold the rights of readers and safeguard free expression, Delaware Governor Matt Meyer signed House Bill 119, also known as the “Freedom to Read Act,” into law on Monday morning.

The legislation, which has garnered support from various organizations, including the Delaware Library Association and the Friends of Delaware Libraries, aims to protect access to diverse reading materials in public libraries and schools across the state. The bill is seen as a timely and practical measure to resist censorship and ensure that libraries remain places of free expression. However, there are cautionary concerns about access to inappropriate, even obscene, materials.

Key Provisions of HB119 & the Freedom to Read Act

House Bill 119 provides a clear, actionable framework for public and school libraries to develop and implement collection development policies that are consistent across the state. It affirms that library materials should not be excluded or removed based solely on the creator’s background or because of political, religious, or ideological objections. The bill also establishes uniform review procedures and limits who may submit objections to those served by the library, ensuring a fair and locally grounded process for addressing concerns.

Importantly, the legislation protects public and school library workers from retaliation for doing their jobs in accordance with state policy. These protections are essential to maintaining the professional integrity of library services and ensuring that decisions about materials are made responsibly and without undue pressure.

Intellectual Freedom and Protecting Children From Obscenity at the Library

The bill received backing from various organizations, emphasizing the importance of intellectual freedom and the right to read. It passed the House with largely partisan votes of 27-10 and the Senate with 14-6 before being signed by the Governor. The bill was sponsored by several Democratic representatives, including Rep. Krista Griffith and Rep. Debra Heffernan.

Some opposing lawmakers expressed concerns that the bill might not be the right way to ensure access to information. Representative Tim Dukes (R), who represents Delaware’s 40th House District, argued that the bill takes control of what’s on the shelves away from local libraries. Dukes emphasized the need for local control in the review process and expressed concerns about the potential for external influences. He stated, “It really undermines local libraries and the community from the review process. I don’t want somebody in another county making decisions for you. I think it should be done with local control.” Per Nandi Gamble, Delaware Family Policy Council Legislative Analyst, ” HB 119 had the potential to allow minors access to obscene material, since the limitations on removing content could act as a safeguard even for obscene material.” An amendment submitted by Rep. Tim Dukes, HA 8, very specifically points out that there was a conflict within DelCode, specifically in Title 11 where it ‘criminalizes the distribution of obscene materials to minors.’ A major part of this amendment clarifies that nothing in HB 119 will override or negate the provisions of that clause in Title 11 that prevent distribution of obscene materials to minors. Meaning that material that is found to meet the criteria of obscene does not have the same prohibition for removal placed upon it, addressing one of the key concerns of opponents to the original bill.

Bonnie Elliott, the director of the Frankford Public Library, shared her perspective on the issue, stating, “Do I agree with every book that comes in here? No. But do I want people to have their choices? Yes. All libraries in the country allow people from different backgrounds to come together and have a conversation. Your mind opens up to possibilities, and without those possibilities, you become a narrow-minded person.” Elliott also noted that while the Frankford Public Library has not personally had to remove any books, they have had people challenge books on their shelves.

Community Voices: Parents and local inappropriate content

Parents and community members have also voiced their opinions on the new law. Sarah Johnson, a parent from Dover, expressed her concerns, saying, “As a parent, I want to have a say in what my children are exposed to. This law takes away our ability to protect our kids from inappropriate content.” Another community member, Mark Thompson, added, “While I understand the need for diverse materials, I believe there should be more local control over what is available in our libraries. We know our community best.”

Implications for Delaware Libraries

Under the new law, libraries are required to adopt written policies ensuring that books and other materials cannot be removed solely due to partisan, ideological, or religious objections. Public and school libraries must establish clear review processes for objections, but materials under review will remain available until a final decision is made. The legislation also sets statewide standards for how public and school libraries manage challenges to literature on their shelves.

The Freedom to Read Act reflects a broader commitment to resist censorship and uphold the values of diversity and inclusion in educational resources. By establishing clear guidelines, it seeks to empower libraries to serve their communities without undue pressure from external influences.

Ensuring libraries promote transparency and fairness and maintain community standards.

The signing of HB119 marks a significant step in safeguarding the rights of readers and ensuring that libraries remain places of free expression. The legislation aims to create a consistent framework for how libraries handle challenges to materials, thereby promoting transparency and fairness in the review process.