Teachers and Librarians “Immune From Civil and Criminal Liability"

A3446

This Thursday on June 6 at 10 AM, the assembly in Trenton will vote on A3446 the "Freedom to Read Act."   Please read the article below to understand how this bill allows school staff to share sexually explicit material with your child, without consequences. To contact your Assembly people today, CLICK HERE

Guest Writer for NJStandsUp

There is a bill pending in the New Jersey Legislature known as “The Freedom to Read Act” (Bill S2421 ).  The innocuous title suggests that the bill is simply a measure to ensure a child’s right to read since “the freedom to read is a human right, constitutionally protected by the First Amendment,” basically giving librarians the green light to provide texts that are considered inappropriate. However, its goal is to grant wholesale legal protection to teachers and librarians to choose any material they deem “suitable” for instruction, while intimidating and restricting parents’ rights to determine what is best for their children. The bill is not a part of the New Jersey Student Learning Standards and should not be interpreted as a strategy or method to teach the process of reading instruction. It is far from it!

Recently, there has been a push to fast-track bill S2421 through the New Jersey Legislature. It’s alleged that parents’ objections at school board meetings are the reason the bill is stalled in the senate. (Imagine, parents standing up for their children are the ones to blame.) Apparently, states across the country have launched reporting mechanisms for parents to report “objectional” content, and evidently it is now imperative to get this bill passed. Have openness and transparency become antithetical to New Jersey values? We need to examine exactly what “The Freedom to Read Act” is all about.

“The Freedom to Read Act” gives librarians, “trained professionals” (per bill S2421) sole discretion to choose materials and texts for the library, such as, “Let’s Talk About It” by Erika Moen, books that are prohibited on many social media platforms depicting graphic sexual images. (Click here to see some of these images.) Below is a list of the books in question.  The bill affords librarians the decision-making power to decide what is considered sexually explicit. This is extremely biased and counterproductive to including “diverse and inclusive” materials. Library/Media Specialists will be given “protected class” status while school boards will be prevented from holding them accountable. Bill S2421 gives librarians license to choose books based on their own preferences. The bill states that “school library media specialists and librarians have been targeted, harassed, and defamed” and defines harassment as the following: “Harassment means a singular act that is severe or pervasive.” It begs the question: Who determines the meaning of “severe?” This is subjective and can easily fall prey to abuse. On the other hand, parents will suffer consequences if they object to the content by being held financially liable for court and attorney’s fees. Bill S2421 is specifically designed to be retributive as well as a tool to deter parents from advocating for their children.

“The Freedom to Read Act” also states that teachers and librarians are “immune from civil and criminal liability” for the material they choose to give children. Why should they be exempt? Why not have teachers and librarians share the materials with parents before allowing students to “read” them? If they have parental consent, this bill is not necessary. (What are they hiding?) An adult who gives a minor inappropriate or pornographic material could be arrested for doing so. If anyone under 18 years of age cannot make a purchase in an adult bookstore, how is it allowable for schools to possess and distribute content that is pornographic? Bill S2421 is a travesty!

“The Freedom to Read Act” is a calculated measure to deliberately muzzle parents and make them the scapegoat regardless of who is at fault, while it grants teachers and librarians carte blanche to use materials they view “appropriate” without any form of culpability. The title of the bill is misrepresentative of its true nature. Please read the bill and make your own determination. The link is below.

https://pub.njleg.state.nj.us/Bills/2024/S2500/2421_I1.PDF