Bill to Prohibit Public Libraries From Banning Books Passes Assembly Committee

A bill that would prohibit public libraries from banning books or other materials because of topic or content passed the Assembly Education Committee in a 5-1 vote with 1 abstention on Wednesday.

Assembly Bill 1825, authored by Assemblyman Al Muratsuchi (D-Torrance), would specifically require the governing board or body of each public library to establish a written policy for the selection of library materials and the use of library materials and  facilities. The bill would require the policy to establish that library materials shall not be excluded because of the origin, background, or views of those contributing to the creation of the materials, or because of the topic addressed by the materials or the views or opinions expressed in the materials.

AB 1825, also known as the California Freedom to Read Act, would also prohibit the governing board or body of a public library from proscribing the circulation or procurement of books or other resources in a public library because of the topic addressed by the materials or because of the views, ideas, or opinions contained in those materials and would also prohibit a public library from exercising the discretion to determine the content of library materials in a manner that discriminates against or excludes materials based on specified protected characteristics, on the basis that the materials contain inclusive and diverse perspectives, or on the basis that the materials may include sexual content. In addition, the bill would provide that a person’s right to use a public library and its resources shall not be denied or abridged solely because of personal characteristics, age, background, or views and would authorize a user of a public library to commence a civil action to obtain appropriate injunctive and declaratory relief for violations of these provisions.

In a nutshell, AB 1825 prohibits public libraries from banning books because of the topic or content of the book unless it qualifies as “obscene.” Muratsuchi noted specifically in the bill that book bans  that discriminate on the the basis of race, nationality, gender identity, sexual orientation, religion, disability, political affiliation, or socioeconomic status would not be allowed.

Muratsuchi wrote the bill to combat the growing number of book bans and challenges both within California and the country. He cited an American Library Association (ALA) study that found that the number of reported book challenges in the United States has increased 65 percent from 2022 to 2023. Of those, 47%  of the book being targeted dealt with subject matter on LGBTQ and communities of color.

“In California, in communities such as the City of Huntington Beach and Fresno County, there were 52 challenges to 98 book titles in public libraries and school libraries in 2023, compared to 32 attempts to ban 87 titles in 2022,” said Muratsuchi’s office in a press release earlier this year.

Assemblyman Muratsuchi said of his bill, “I am introducing the California Freedom to Read Act to fight book bans at public libraries. Libraries provide a special place in the public’s civic education and the free exchange of diverse ideas and information. Our freedom to read is a cornerstone of our democracy. Unfortunately, there is a growing movement to ban books across the country, including in California. Book banning proponents are disproportionately targeting materials containing the voices and lived experiences of LGBTQ and communities of color. We need to fight this movement to ensure that Californians have access to books that offer diverse perspectives from people of all backgrounds, ideas, and beliefs.”

Introducing #AB1825, the CA Freedom to Read Act, to fight book bans and defend the freedom to read!

Our freedom to read is a cornerstone of our democracy. Proud to work with the @ALALibrary and @ACLU_CalAction to defend our First Amendment right to read. pic.twitter.com/tdkRvNVos1

— Asm. Al Muratsuchi (@AsmMuratsuchi) April 10, 2024

The bill has already received a bulk of support, including from many lawmakers, such as Senator Dave Min (D-Orange County) and Assemblyman Chris Ward (D-San Diego). The ACLU is also in favor of AB 1825.

“Learning and engaging with diverse ideas is foundational to any healthy democracy,” said the ACLU in a statement. “The recent call by some to limit access to books does more than suppress the subject matter – it also disregards the lived experiences and identities of authors and readers. We must protect the fundamental First Amendment right of access to diverse and inclusive information at our public libraries.”

While the bill passed it’s first hurdle on Wednesday when it moved on from the Assembly Education Committee in an 8-1 vote with one abstention, the vote not being unanimous points to a potentially rocky road this year for the bill. Parents groups of many cities and districts across California whose school boards recently passed some sort of limitations on books, including Huntington Beach (which has a council to audit childrens materials in libraries) and Temecula Valley (Which banned critical race theory from classrooms) have come out against the bill.

Even worse for supporters, many have also come out against the bill, saying that they would sue public libraries that refused to carry certain authors.

“I don’t think this was his intent, but I intend to use Assemblyman Muratsuchi’s proposed AB 1825 to sue every public library that refuses to carry Abigair Shrier, Jennifer Sey, and other authors who dare speak the truth with non-leftist ideas,” lawyer and Palos Verdes School Board Member Julie Hamill said in a post on X. “The dems are great at weaponizing government for political gain and crying censorship while censoring their opponents. But intelligent people are turning the weapons against their creators.”

I don't think this was his intent, but I intend to use @AsmMuratsuchi's proposed AB 1825 to sue every public library that refuses to carry @AbigailShrier, @JenniferSey, and other authors who dare speak the truth with non-leftist ideas.
The dems are great at weaponizing… pic.twitter.com/wV447ZChKN

— Julie Hamill (@hamill_law) April 9, 2024

Others noted going a more direct route.

“We want to get Muratsuchi on record if his bill will specifically ban books like Mein Kompf or The Turner Diaries or other books that are seen as despicable by the vast majority of people but aren’t covered under that obscenity laws,” added another lawyer, Monica Valdez, to the Globe on Thursday. “We’ll get a list of the worst books not touched by the Roth ruling and the Roth tests and ask him if his bill would stop a 12-year-old from reading them from the library.”

“And then past that, you can have arguments against what this bill is trying to do and sue them over it if it passes. This is already a legally shaky bill. And it only applies to public libraries, which are becoming less of a thing. More and more, you have people buying on Amazon or reading free versions of everything online. Muratsuchi, in trying to do something he thinks is noble, is really just going to make everyone mad and go around this bill at the end. All this does is create an extra step. People will always find ways to read what they want to eventually. He doesn’t care about parents wanting to give time to introduce subjects to kids at their own pace or for schools to set it.”

AB 1825 is expected to be heard in more Assembly Committees soon.