Chapter 416 |
2025 -- H 5726 SUBSTITUTE A Enacted 07/02/2025 |
A N A C T |
RELATING TO LIBRARIES -- THE FREEDOM TO READ ACT |
Introduced By: Representatives Morales, Stewart, Boylan, Carson, Cotter, Ajello, Speakman, Handy, Kislak, and Giraldo |
Date Introduced: February 26, 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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