Chapter 415
2025 -- S 0238 SUBSTITUTE B
Enacted 07/02/2025

A N   A C T
RELATING TO LIBRARIES -- THE FREEDOM TO READ ACT

Introduced By: Senators McKenney, Bissaillon, Gallo, Lauria, Gu, Lawson, Britto, Mack, Euer, and DiMario

Date Introduced: February 13, 2025

It is enacted by the General Assembly as follows:
     SECTION 1. Title 29 of the General Laws entitled "LIBRARIES" is hereby amended by
adding thereto the following chapter:
CHAPTER 9
THE FREEDOM TO READ ACT
     29-9-1. Short Title.
     This chapter shall be known and may be cited as the "The Freedom to Read Act".
     29-9-2. Definitions.
     As used in this chapter:
     (1) "Censor" or "censorship" means to suppress, restrict, remove, or prohibit acquiring,
library material on the basis of disagreement with the material's origin, background, views, ideas,
concepts, or identity of those contributing to its creation including, but not limited to, race, gender,
sexuality, religious, or political views, but excludes content that is deemed developmentally
inappropriate and provided further, excludes content:
     (i) That the average person, applying contemporary standards, would find that the work,
taken as a whole, appeals to the prurient interest;
     (ii) That the work, taken as a whole, clearly depicts or describes, in a patently offensive
way, sexual conduct; and
     (iii) That the work, taken as a whole, clearly lacks serious literary, artistic, educational,
political, or scientific value.
     (2) "Developmentally inappropriate" means the material is not structured to account for a
child's age, and is misaligned with the cognitive, emotional, or social development of the intended
age group as informed by standards and guidance from the American Library Association (ALA)
or any other similar well recognized and established educational or developmental authority.
     (3) "Government actor" means a member of a government body with voting authority.
     (4) "Government body" means any government decision-making body or governing body,
such as a library board or school board, that exercises authority over the purchasing, selection,
curation, and location of library materials at the state or municipal levels, including a library board
of trustees as provided for in § 29-4-5 and a school committee as provided for in § 16-2-9.
     (5) "Individual with a vested interest in the public library" means any resident who is served
by the public library and resides in the municipality where the library is situated.
     (6) "Individual with a vested interest in the school library" means any teaching staff
member employed by the school district, any parent or guardian of a student enrolled in the school
at the time the removal form is filed, and any student enrolled in the school at the time the removal
form is filed.
     (7) "Library material" means any material including, but not limited to, books, videos,
subscription or locally curated databases, audio materials, government documents, interactive
applications and software, and all other similar materials, whether tangible or in electronic form
belonging to, on loan to, or otherwise in the custody of the public library or other material not
required as part of classroom instruction.
     (8) "Librarian" means a professionally trained employee who is responsible for the
purchase, selection, curation, removal, and display of library materials.
     (9) "Public library" means a library in a city or town that has been designated by the city
or town council or town financial meeting as a library to provide library services to all individuals
residing in the city or town.
     (10) "Reconsideration" means a request to reclassify, move to a different section of the
library, or remove an item in the library's collection.
     29-9-3. Public library collection policy.
     (a) In addition to the duties prescribed in § 29-3.1-7, the chief of library services shall
establish a model policy on the curation of library material within a public library, that shall be
approved and adopted by the library board of trustees.
     (b) The model policy shall, at a minimum:
     (1) Recognize that public libraries serve as centers for voluntary inquiry and the
dissemination of information and ideas;
     (2) Provide protection against censorship of library material;
     (3) Provide standards for the selection and curation of library material by the librarian,
while also recognizing that library material should be provided for the interest, information, and
enlightenment of all people, and should present a wide range of points of view; and
     (4) Establish criteria and a procedure based on professional standards for a librarian to
review and the deaccession of library material within a public library on an ongoing basis, which
shall include, but not be limited to,: the library material's relevance,; the condition of the library
material,; the availability of duplicates,; the availability of more recent material,; and the continued
demand for the library material.
     (c) The model policy shall be updated as the chief of library services deems necessary.
     (d) In the event a public library has a policy that complies with the requirements of
subsection (b) of this section, the library shall not be required to take further action.
     (e) Nothing in this section shall be construed to require a librarian to purchase, or otherwise
acquire, a particular library material for the library.
     (f) In addition to the duties prescribed in § 29-3.1-7, the chief of library services shall
establish a model policy creating a procedure regarding a request for reconsideration of library
material in a public library, that shall be approved and adopted by the library board of trustees.
     (g) The model policy shall, at a minimum, require:
     (1) The creation of a request for reconsideration form, based on a model form established
by the chief of library services, that shall be submitted by an individual with a vested interest in the
public library in order to initiate the review of specific library material;
     (2) That an individual with a vested interest in the public library requesting that library
material be reconsidered shall review the material as a whole,; identify sections of the material that
the individual objects to,; and provide an explanation for such objections. Selective passages from
the material taken out of context shall not be considered under this review.
     (3) That library material that is the subject of a request for reconsideration shall not be
removed from its location within the library and shall remain available to reserve, check out, or
access while the material is being reviewed;
     (4) That the government body shall appoint a review committee, consisting of:
     (i) At least one member of the government body;
     (ii) The director of the public library;
     (iii) A subject specialist librarian employed by the public library; and
     (iv) Any additional library staff that the government body deems necessary;
     (5) That the review committee pursuant to subsection (g)(4) of this section evaluate the
request for removal form, review the challenged library material, and report in writing its decision
to the individual and to the government body on whether to remove library material within thirty
(30) business days from the date of receiving the form; and
     (6) That the individual who filed the form for reconsideration may, within thirty (30) days
of the decision, appeal the review committee's decision to the government body which shall review
the committee's decision and make a final determination on whether the library material is to be
removed from the public library, limited in use or remain in place. A substantive rationale for
restricting or removing library material shall be memorialized by the governing body in writing
and made publicly available.
     In issuing its final decision, a governing body shall provide a written statement of reasons
for:
     (i) The removal, limitation, or non-removal of a library material; and
     (ii) Any final determination that is contrary to the recommendations of the review
committee;
     (7) That any library material that has been challenged pursuant to subsections (g)(1)
through (g)(6) of this section shall not be subject to a subsequent challenge for at least one year;
     (8) That the review committee when conducting a review pursuant to this section, and a
governing body deciding an appeal of a decision of the review committee, shall consider the
following standards for review:
     (i) Recognize that library material should be provided for the interest, information, and
enlightenment of all people and should present diverse points of view in the collection as a whole;
     (ii) Acknowledge that library material shall not be removed from a library because of the
origin, background, or views of the library material or those contributing to its creation;
     (iii) Recognize the importance of libraries as centers for voluntary inquiry and the
dissemination of information and ideas; and
     (iv) Promote the free expression and free access to ideas by prohibiting the censorship of
library material.
     (h) In the event a public library has a policy that complies with the requirements of
subsection (g) of this section, the library shall not be required to take further action.
     (i) Any staff member of a public library, including a librarian employed by a public library,
shall be immune from civil and criminal liability arising from good faith actions performed
pursuant to this chapter.
     (j) A government body shall not reduce funding for a public library due to the library's
compliance with the provisions of this section.
     29-9-4. School library collection policy.
     (a) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and
secondary education, in collaboration with the chief of library services, shall establish a model
policy on the curation of library material within a school library. Each school committee shall
review the model policy established pursuant to this section and approve and adopt a policy that
shall at a minimum:
     (1) Recognize that school libraries serve as centers for voluntary inquiry and the
dissemination of information and ideas;
     (2) Provide protection against censorship of library material;
     (3) Provide standards for the selection and curation of library material while also
recognizing that the library material should be provided for the interest, information, and
enlightenment of all students and should present a wide range of points of view;
     (4) Establish criteria and a procedure based on professional standards for a librarian to
review and the deaccession of library material within a school library on a regular basis, which
shall include, but not be limited to,: the library material's relevance; the condition of the library
material; the availability of duplicates; and the continued demand for the library material; and
     (5) Acknowledge that a certified school librarian is professionally trained to curate and
develop the school library collection that provides students with access to the widest array of
developmentally relevant library material.
     (b) The model policy shall be updated as the commissioner of elementary and secondary
education and chief of library services deem necessary.
     (c) In the event a school district has a policy that complies with the requirements of
subsection (a) of this section, the school committee shall not be required to take further action.
     (d) Librarians employed at a school library shall have discretion in selecting, purchasing,
or acquiring library material for inclusion in the school library, following the policy approved by
the school committee. Nothing in this section shall be construed to require a librarian to purchase,
or otherwise acquire a particular library material for a school library.
     (e) Nothing in this section shall be construed to restrict a school committee's authority to
select textbooks and school supplies related to the curriculum.
     (f) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and
secondary education shall establish, in collaboration with the chief of library services, a model
policy creating a procedure regarding a request for reconsideration of library material within a
school library. The school committee shall review the model policy established pursuant to this
section and approve and adopt a policy that shall, at a minimum require:
     (1) The creation of a request for reconsideration form, based on a model form developed
by the commissioner of elementary and secondary education and chief of library services, that is
submitted by an individual with a vested interest to the principal of the school in which the library
material is challenged. The principal is required to send the form promptly to the superintendent to
initiate a review of the material;
     (2) An individual with a vested interest in the school library requesting that library material
be reconsidered shall review the material as a whole,; identity sections of the material that the
individual objects,to; and provide an explanation for such objections. Selective passages from the
material taken out of context shall not be considered for this review;
     (3) Library material that is the subject of a request for reconsideration shall not be removed
from its location within the library and shall remain available to reserve, check out, or access while
the material is being reviewed;
     (4) The superintendent or the superintendent's designee shall appoint a review committee;
consisting of:
     (i) The superintendent or the superintendent's designee:
     (ii) The principal of the school in which the form is submitted or the principal's designee;
     (iii) A certified librarian employed at the school in which the form is submitted;
     (iv) A representative of the school committee; and
     (v) A grade-appropriate teacher provided the teacher selected is not the individual who
submitted the form;
     (5) The review committee must evaluate the reconsideration request, review the material
and within thirty (30) days of receiving the reconsideration form report in writing to the individual
and the school committee its decision whether to remove the library material, limit the library
material, or leave the library material in place;
     (6) That the individual who filed the form for reconsideration may, within thirty (30) days
of the decision, appeal the review committee's decision to the school committee which shall review
the committee's report and issue a final recommendation along with a written statement of reasons
for:
     (i) The removal, limitation, or non-removal of a library material;
     (ii) Any final determination that is contrary to the recommendations of the review
committee; and
     (iii) The written statement of reasons shall be posted on the school committees Internet
website in a prominent and easily accessible location within thirty (30) days of the determination.
     (7) The review committee, when conducting a review pursuant to this section and a school
committee deciding an appeal of the review committee, shall consider the following standards for
review:
     (i) Recognize that library material should be provided for the interest, information, and
enlightenment of all students and should present diverse points of view in the collection as a whole;
     (ii) Acknowledge that library material shall not be removed from a school library because
of the origin, background, or views of the library material or those contributing to its creation;
     (iii) Recognize the importance of school libraries as centers for voluntary inquiry and the
dissemination of information and ideas;
     (iv) Promote the free expression and free access to ideas by students by prohibiting the
censorship of library material; and
     (v) Acknowledge that a school library media specialist is professionally trained to curate
and develop the school library collection that provides students with access to the widest array of
developmentally appropriate library material available to schools;
     (g) In the event a school committee has a policy that complies with the requirements of
subsection (a) of this section, the school committee shall not be required to take further action.
     (h) Any staff member of a school library, including a librarian employed by a school, shall
be immune from civil and criminal liability arising from good faith actions performed pursuant to
this chapter.
     29-9-5. Declaratory and injunctive relief.
     (a) A librarian who has been subjected to discipline, termination, or threats of discipline or
termination for refusing to censor library materials in violation of policies established pursuant to
this chapter may seek relief against a government body in any court of competent jurisdiction for
declaratory and injunctive relief including, but not limited to, reinstatement, back pay, restoration
of benefits, and such other equitable relief as may be appropriate and necessary to make the
employee whole.
     (b) An individual with a vested interest in a school or public library may seek relief in any
court of competent jurisdiction for declaratory and injunctive relief against a government body that
enforces censorship of library materials in violation of policies established pursuant to this chapter.
     (1) A student, or the student's parent(s) or guardian(s), may only challenge censorship of
library materials relating to a school that the student attends.
     (c) An author whose library materials have been subjected to censorship may bring an
action in any court of competent jurisdiction for declaratory and injunctive relief against any
government body that enforces censorship of library materials in violation of policies established
pursuant to this chapter.
     (d) Any school or library employee acting pursuant to direct orders from a municipal, state,
or federal government authority shall not be liable for censorship.
     (e) Any action or proceeding to enforce this section shall be commenced no later than one
year after the date on which the violation of this section is committed.
     SECTION 2. Sections 11-31-1 and 11-31-10 of the General Laws in Chapter 11-31 entitled
"Obscene and Objectionable Publications and Shows" are hereby amended to read as follows:
     11-31-1. Circulation of obscene publications and shows.
     (a) Every person who willfully or knowingly promotes for the purpose of commercial gain
within the community any show, motion picture, performance, photograph, book, magazine, or
other material which is obscene shall, upon conviction, be punished by a fine of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not
more than two (2) years, or both.
     (b) For the purpose of this section:
     (1) In determining whether or not a show, motion picture, performance, photograph, book,
magazine, or other material is obscene the trier of the fact must find:
     (i) That the average person, applying contemporary community standards, would find that
the work, taken as a whole, appeals to the prurient interest;
     (ii) That the work taken as a whole, clearly depicts or describes, in a patently offensive
way, sexual conduct specifically defined by this chapter; and
     (iii) That the work, taken as a whole, clearly lacks serious literary, artistic, educational,
political, or scientific value.
     (2) "Community standards" means the geographical area of the state of Rhode Island.
     (3) "Knowingly" means having knowledge of the character and content of the material or
failure on notice to exercise reasonable inspection which would disclose the content and character
of it.
     (4) "Material" means anything tangible which is capable of being used or adapted to arouse
prurient interest through the medium of reading, or observation.
     (5) "Patently offensive" means so offensive on its face as to affront current standards of
decency.
     (6) "Performance" means any play, motion picture, dance, or other exhibition performed
before an audience.
     (7) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer,
transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree
to do it for resale.
     (8) "Sexual conduct" means:
     (i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-
genital, anal-genital, or oral-genital intercourse, whether between human beings or between a
human being and an animal.
     (ii) Sado-masochistic abuse, meaning flagellation or torture by or upon a person in an act
of apparent sexual stimulation or gratification.
     (iii) Masturbation, excretory functions, and lewd exhibitions of the genitals.
     (9) "Standards of decency" means community standards of decency.
     (c) If any of the depictions and descriptions of sexual conduct described in this section are
declared by a court of competent jurisdiction to be unlawfully included because the depictions or
descriptions are constitutionally protected or for any other reason, that declaration shall not
invalidate this chapter as to other sexual conduct included in this chapter.
     11-31-10. Sale or exhibition to minors of indecent publications, pictures, or articles.
     (a) Every person who shall willfully or knowingly engage in the business of selling,
lending, giving away, showing, advertising for sale, or distributing to any person under the age of
eighteen (18) years, has in his or hertheir possession with intent to engage in that business or to
otherwise offer for sale or commercial distribution to any person under the age of eighteen (18)
years, or who shall display at newsstands or any other business establishment frequented by persons
under the age of eighteen (18) years or where persons under the age of eighteen (18) years are or
may be invited as a part of the general public, any motion picture, any still picture, photograph, or
any book, pocket book, pamphlet, or magazine of which the cover or content consists of explicit
representations of "sexual conduct", "sexual excitement", "nudity" and which is indecent for minors
or which is predominantly made up of descriptions of "sexual conduct", "sexual excitement",
"nudity" and which is indecent, shall, upon conviction, be punished by a fine of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not
more than two (2) years, or both.
     (b) As used in this section, the following words have the following meaning:
     (1) "Indecent for minors" means:
     (i) Appealing to the prurient interest in sex of minors;
     (ii) Patently Taken as a whole is patently offensive to prevailing standards in the adult
community with respect to what is suitable material for minors; and
     (iii) Lacking Clearly lacking serious literary, artistic, educational, political, or scientific
value for minors;
     (2) "Knowingly" means having knowledge of the character and content of the publication
or failure on notice to exercise reasonable inspection which would disclose its content and
character;
     (3) "Nudity" means less than completely and opaquely covered; human genitals, pubic
regions, buttock, and female breast below a point immediately above the top of the areola;
     (4) "Sexual conduct" means act of human masturbation, sexual intercourse, sodomy,
fondling, or other erotic touching of human genitals, pubic region, buttock, or female breasts; and
     (5) "Sexual excitement" means human genitals in a state of sexual stimulation or arousal.
     SECTION 3. Chapter 11-31 of the General Laws entitled "Obscene and Objectionable
Publications and Shows" is hereby amended by adding thereto the following section:
     11-31-16. Affirmative defense.
     (a) In any prosecution arising under §§ 11-31-1 or 11-31-10, it shall be an affirmative
defense that the defendant was a bona fide school, or public library, or was a person acting in
accordance with library collection policies pursuant to chapter 9 of title 29 and in the course of
employment as an employee or official of such an organization.
     SECTION 4. This act shall take effect upon passage.
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