Legislation to protect librarians from harassment moving in state Senate

A bill to protect librarians from harassment and actions to censor books is moving through the state Senate. Senate Bill 238, sponsored by Sen. Scott Kawasaki, D-Fairbanks, would also allow students, parents or book publishers to sue school districts and recover legal costs if there are moves to censor books in libraries because of content.

The Senate Education Committee held two hearings on SB 238 and sent the bill, titled the “Freedom to Read Act” out of committee March 23, on to the Senate Judiciary Committee.

“Public and school libraries are the depositories of knowledge in Alaska. For some Alaskans, they are the only places where they can access information freely,” Kawaski said in his statement on the bill. “It allows citizens to access a marketplace of ideas where they have the freedom to choose what to read, free from any governmental, special-interest, or partisan interference or agendas.”

Public and school libraries serve a broad community with vastly different viewpoints, so the materials they contain should also reflect the varying perspectives and beliefs of their patrons, the senator said. The legislation would protect librarians and school employees who follow the rules by appropriately curating the library selections.

Kawasaki said the bill also allows, “a deliberate and certain policy for which reading materials to be curated. Library patrons would be able to request reconsideration of library materials that lack serious literary, artistic, political, or scientific value,” he said.

Most of the bill concerns a statewide policy for considering library materials that will allow patrons of both public and school libraries to challenge material lacking any literary, artistic, political, or scientific value, Kawasaki said. But under this policy, library material must be considered as a whole, not judged by a few “cherry-picked” passages, he said.

For school libraries, the age and developmental stage of the students will be considered. “If a public or school library already has a reconsideration policy that meets the requirements of SB 238, they do not need to change their policy,” he said. The bill would also protect librarians and school employees who may be targeted by individuals acting in bad faith who seek to have them fired or even imprisoned for merely allowing a library patron to freely check out material.

“Even now, our librarians are being targeted, verbally assaulted and intimidated to censor library materials because a select few find them offensive in some way. SB 238 provides a shield for these employees acting in good faith so they can do their jobs-the job of safeguarding and disseminating a wide array of information to their communities,” the senator said.

The bill creates a private right of action that allows students, parents and guardians, authors, booksellers, or publishers to file a civil lawsuit if library material is unduly censored. “This gives power directly to those affected by censorship and provides an avenue for recourse. The goal of these cases would be to provide injunctive relief to ensure that the wronged party could gain access to the material or have their material available to the public. SB 238 is also considerate of the costs such cases can incur on them plaintiff and allows those to be recouped,” Kawaski said.

There were several expressions of public support given the senate committee, some of them moving. There were also letters of opposition.

Alyson Rigby, of Fairbanks, wrote in support: “The power of a book is that it can offer an internal dialogue of how people feel. It is an element that helps create empathy and understanding. I’m sad to say that an often-challenged book, ‘The Glass Castle’ by Jeanette Walls, was pivotal in my teenage daughter’s healing and opened up hard, honest conversations we needed to have.”

“I’m so grateful that censorship did not bottle that book up and thank the high school teacher that had it available in her room, as an option. It wasn’t a book for every child, in but helpful for mine,” Rigby wrote.

Seina Bell, of Palmer, also wrote in support: “I have heard people protesting that this bill will attract pedophiles to libraries. The reality is that legislation like this is the standard across the country. Libraries hold materials for everyone.”

Others wrote to say children should be protected from inappropriate material in libraries. “Please vote no on SB 238 for the better well-being of our school-age children under the age of 18,” wrote Rita Trometter, of North Pole, a city east of Fairbanks.

Although there was support as well as concern for SB 238 three senators on the Education Committee, including Mat-Su’s Sen. Rob Yundt, R-Wasilla, and the committee chair, Sen. Loki Tobin, D-Anch., voiced reservations about aspects of the bill. Yundt, Tobin and Sen. Jesse Bjorkman, R-Kenai, recommended that the bill be amended in the Senate Judiciary Committee, where it now sits.

Typically the education committee deals with policy aspect of a bill but when legal issues or litigation are involved, which is the case with SB 238, the judiciary committee does a review. Sen. Matt Claman, D-Anch., chairs the Judiciary Committee.