7 Reasons to Oppose SB 2307
In February, the North Dakota Senate narrowly passed Senate Bill 2307, the library censorship bill. It's now headed to the House Judiciary Committee for another committee hearing and floor vote. We've compiled talking points to help you navigate your conversations with your House representatives.
7 Reasons to Oppose SB 2307:
1) North Dakota has already addressed "explicit sexual materials" in children's collections. During the 2023 legislative session, House Bill 1205 passed both chambers, which created a clear definition of obscenity in state law. That law already ensures that libraries don’t have illegal materials in their children’s collections. This law also requires libraries to file a report yearly so the state can make sure they are complying.
2) It would censor collections in the ADULT sections of libraries. The bill’s vague terms opens the door for removing access to books based on one particular viewpoint throughout the WHOLE LIBRARY. If someone doesn't want their child viewing certain materials in the adult sections of a library, it is their responsibility as parent to limit the child's access. Libraries are run by our friends and neighbors. We want libraries to continue to be able to represent our voices on the shelves. Local library control ensures everyone in our communities are represented, and not just one group who has a personal agenda against certain books.
3) The bill would especially impact our rural communities. While some public libraries in North Dakota have different sections—such as children’s, teen, and adults—many others are one-room libraries. They don’t have the facilities or budget to separate the sections and would be in danger of violating the law if this bill passed. Language such as “not easily accessible” is difficult to interpret. Vague terms can become expensive problems, especially if libraries find themselves in court. SB 2307 would amount to an unfunded mandate for city and county government offices to litigate these complaints.
4) The bill would criminalize librarians. Librarians could face criminal charges based on the amendments made to the bill. Under the bill's language, if a patron files a complaint about a book display or a book they dislike, librarians could ultimately face charges by ND State's Attorneys.
5) The bill is government overreach. Each county's State’s Attorney would be required to review complaints from individuals about materials and could decide to pursue criminal charges or withhold funding as punishment for not complying. This bill calls for second guessing the library review process when there’s a challenge and takes away control from our locally elected school boards and library boards.
6) North Dakotans could lose access to popular eBook/audiobook services like Libby and Hoopla, as well as students losing access to academic journals. Access to Libby and Hoopla could be suspended for all public libraries. SB 2307 could limit what information patrons can access through the internet. This is an infringement on our First Amendment rights, which includes the right to receive information. This bill would also impact high school students' success in North Dakota. Our high schools could lose access to academic journals and millions of individual articles and other educational resources that are used daily by students across the state.
7) It's unclear how this bill would be implemented without a great deal of confusion, uncertainty, and cost. Instead of passing this vague language into law, North Dakota should work in cooperation with the state’s libraries. They can slow this down and work together, so there's no added chaos and expense for our local communities.
7 counterarguments if you get pushback:
1) The system to challenge library books in North Dakota is not broken.
As part of their policies, libraries have a way for citizens to challenge books they think should be removed from collections. This process is usually called a “Request for Reconsideration of Materials.” It ensures that a patron’s concerns are given a fair hearing, and that library policies and state laws are being followed. It does not guarantee that the library will take the action that the patron wants. If they did, it would allow any one person to impose their personal beliefs on everyone in the community.
2) Our libraries are safe.
Libraries are positive, connective spaces for families and kids in our communities. They are providing outreach programs, literacy initiatives, Makerspace, and STEM opportunities. Programs to learn how to make arts and crafts in a social environment where kids can make friends. It's providing a space for children and families to go after school which provides them with a connection to our community. Providing books and materials to those who can't afford to purchase them.
Most libraries require guardians to accompany their underage children to the library. It is ultimately the responsibility of parents to guide their children's reading, not the public library, or our state government.
3) Libraries are already required by law to have internet filters in place.
Library computers in North Dakota have internet filters in accordance with the Children’s Internet Protection Act.
If a parent or guardian has an issue with what their child is accessing at the library, they have the power to limit access.
4) Librarians care about kids. Yes, librarians care about kids! Many librarians are parents themselves, and don’t want kids to access inappropriate materials, which is why North Dakota libraries have collection development policies in place and trained librarians to purchase for collections. Books are vetted by trained professionals before being added to library collections. If a patron has an issue with a book, there is a review process in place for them to challenge materials.
Library staff are constantly vigilant about what patrons are accessing on the public computers, especially children. Librarians DO NOT want children accessing inappropriate content.
5) Librarians agree that pornography is a problem in our greater society, but conflating library books with what teens can access on the internet makes it more difficult to address the real problem.
When lawmakers conflate the term "pornography" with anything they find offensive, it waters down the meaning of the word and makes it that much more difficult to address the problem of pornography. Kids aren’t finding porn at the library; they’re finding it on their phones.
Sexual education resources are available at many libraries because that is a topic that each tax paying family approaches differently. Libraries are here to ensure we have appropriate educational materials for all.
6) What are libraries doing to combat human trafficking?
Libraries already work to do harm reduction in our communities. For instance, just last year the Morton Mandan Public Library hosted programming with the “Green Dot” campaign. This is a bystander intervention program that aims to prevent violence in the community. The program trains community members to identify and interrupt potentially violent situations. Libraries care about the children in our communities, and are actively working to protect them.
Other libraries throughout North Dakota work with groups like Companions for Children, the United Way, and the North Dakota Children’s Advocacy Center. Not to mention, librarians are frequent guests at local schools
7) Some people say a book like Let's Talk About It shouldn't be in a library. Here's why it does belong in the library:
Let’s Talk About It is a positively reviewed, sexuality and relationship education resource for teens. It has not been deemed “obscene” in any court of law in the United States. Libraries are concerned that if North Dakota censors this book, it will open the floodgates to removing books certain people feel are inappropriate. Libraries serve the whole communities, not just a few individuals.
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