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Bills targeting book bans raise concerns about the penalties libraries could face

Bills targeting book bans raise concerns about the penalties libraries could face

NBC News by NBC News
Mar 29, 2024 4:51 pm EDT
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Bills against book bans are gaining traction in state legislatures around the country — and with them have come worries about the potentially negative impact on libraries themselves.

The number of banned books across the country saw an almost two-thirds increase in 2023 from the previous year, to more than 4,200 titles, according to a new report from the American Library Association. The free speech advocacy group PEN America found that last school year, about 30% of the book titles being challenged in schools included characters of color or discussed race and racism, while another 30% presented LGBTQ characters or themes. In addition, almost half the banned books featured themes or instances of violence or physical abuse, and a third contained writing on sexual experiences between characters.

The rise in book bans has prompted lawmakers to push back with bills in New York, New Jersey, Pennsylvania, Colorado, Oregon, Washington and New Mexico. They follow Illinois and California, where such legislation has been signed into law.

Experts are raising concerns, however, as some of the legislation would fine school districts or withhold library funding if their provisions are not followed, such as in Illinois and California. The enforcement measures could especially be a threat to public schools and libraries that are underfunded and understaffed, they say.

“It always is a concern when you put funding on the line for any reason,” said Deborah Caldwell-Stone, director of the American Library Association’s Office for Intellectual Freedom.

“We would not want to see bills that are overly prescriptive that make it difficult for smaller communities or rural communities to receive their funding.”

She added, “Our big concern is not creating a system that would make it so onerous to comply with the bill that it makes it difficult for libraries with fewer resources.”

Budgetary constraints also can give rise to circumstances that could be misread as violations of state…

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