News
New Jersey Third State to Ban Banning Books From Libraries

New Jersey has become the third state, with Illinois and Michigan, to stop schools and public libraries from banning books.
Gov. Phil Murphy, a Democrat, signed the Freedom to Read Act earlier this month on December 9, at the Princeton Public Library. The act keeps age-appropriate books available to students at public schools and libraries.
“The Freedom to Read Act cements New Jersey’s role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students. Across the nation, we have seen attempts to suppress and censor the stories and experiences of others. I’m proud to amplify the voices of our past and present, as there is no better way for our children to prepare for the future than to read freely,” Murphy said.
READ MORE: Tim Walz Mocks Anti-LGBTQ Book Bans During HRC Speech
The law also protects librarians from being sued in criminal or civil court. This is in clear contrast to laws in other states like Idaho, where libraries that allow young patrons to check out a book deemed inappropriate are given a mandatory $250 fine. Idaho’s law also allows libraries and individual librarians to be sued, with no cap on the amount of damages that can be awarded.
The New Jersey law will make school boards and libraries establish curation policies and set up a review system to address concerns over individual materials. That said, books cannot be banned because of an author’s identity or background, or their personal or political views. Banning books based on the offensiveness of content is not allowed either, unless it’s developmentally inappropriate.
For example, while one could—and should!—ban a preschooler from checking out a collection of Tom of Finland artwork because it’s clearly for adults, they’re free to get And Tango Makes Three, the children’s book about gay penguins.
“The freedom to read and to freely access information is an essential part of a quality education and a core component of our democracy,” New Jersey Senate President Nick Scutari said. “This law will help New Jersey libraries guard against politically-inspired censorship and protect librarians from harassment for simply doing their job.”
This is another departure from other states’ bans, which are often written so vaguely to leave librarians in a lurch. The Idaho law officially bans “obscene materials” but defines it very broadly. “Homosexuality” is included in the definition of “obscene materials,” without clarifying if it means queer characters in a book or explicit sex. To avoid prosecution by an overzealous activist, one Idaho library even prohibits anyone under 18 from entering the adult section without their parent or guardian signing a form on every visit. Another small library had to go adults-only.
While three states have prohibited banning books, the Associated Press reports that over 15 states have introduced bills this year that would punish librarians for “inappropriate” books being given to patrons.
Image via Shutterstock
Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.
![]() |