2025 -- H 5726

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LC001273

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO LIBRARIES -- THE FREEDOM TO READ ACT

     Introduced By: Representatives Morales, Stewart, Paplauskas, Boylan, Carson, Cotter,
Ajello, Speakman, Handy, and Kislak

     Date Introduced: February 26, 2025

     Referred To: House State Government & Elections

     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. Statement of policy.

     (a) The general assembly hereby declares the following to be the policy of this state that:

     (1) That the freedom to read is a human right, constitutionally protected by the First

Amendment to the United States Constitution, and Article 1, Section 21 of the Rhode Island

Constitution, and individuals have the right to free speech, free inquiry and the right to form and

express their own opinions;

     (2) Authors, creators, and publishers have a right to communicate their ideas to anyone

who is interested in receiving them. Students and library patrons of all ages have a corresponding

right to encounter them without government interference;

     (3) The freedom to read does not require a person to agree with topics or themes within a

material, but instead allows an individual to explore and engage with differing perspectives to form

and inform their own views;

     (4) To promote the free expression of and free access to information and the marketplace

of ideas by prohibiting the censorship of library material;

     (5) It is the responsibility of government at all levels to protect the freedom to read; and

     (6) A librarian is professionally trained to curate and develop age relevant collections

sufficient in size and varied in subject matter to benefit their community.

     29-9-3. Definitions.

     As used in this chapter:

     (1) “Block” means to prohibit acquiring, maintaining, or displaying a specific work or

subject matter, restricting access to or restricting searchability of works, or to require parental opt-

in to access works.

     (2) “Censor” or “censorship” means to block library material on the basis of disagreement

with the material’s ideas or concepts including, but not limited to: objections to depictions of race,

gender, sexuality, religious or political views or objections to sexual content that fail to apply the

appropriate criteria set forth by the United States Supreme Court in Miller v. California; specifically

with respect to the population for which the material is made available:

     (i) Whether the average person applying contemporary community standards would find

the work, taken as a whole, appeals to the prurient interest;

     (ii) Whether the work depicts or describes, in a patently offensive way, sexual conduct

specifically defined by the applicable state law; and

     (iii) Whether the work, taken as a whole, lacks serious literary, artistic, political or

scientific value.

     (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 defined in § 29-4-5 and a school committee as defined 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

district at the time the removal form required pursuant to § 29-9-5 is filed, and any student enrolled

in the district at the time the removal form required pursuant to § 29-9-5 is filed.

     (7) “Library material” means books, videos, subscription or locally curated databases,

newspapers, magazines and other such periodicals, charts, graphs, movies, games, maps, interactive

applications and software, and other such enrichment or entertainment materials in any printed or

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electronic format, inclusive of fiction and non-fiction belonging to, on loan to, or otherwise in the

custody of the public library or other material not required as part of classroom instruction,

belonging to, on loan to, or otherwise in the custody of the school library.

     (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 an institution that is established or designated by a city or town

and functions as a free public library in accordance with chapter 4 of title 29 to serve a community

or municipality and is supported, in whole or in part, with public funds.

     (10) “Reconsideration” means a request to reclassify, move to a different section of the

library, or remove an item in the library's collection.

     29-9-4. 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. The purpose of

the collection policy is to: provide standards for the selection and curation of library material;

establish criteria for the removal of existing library material; and provide protection against

attempts to censor library material.

     (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 the marketplace of ideas;

     (2) Promote the free expression of and free access to ideas by prohibiting the censorship of

library material;

     (3) Acknowledge that library material shall not be removed from a public library because

of the origin, background, or views of the library material or of those contributing to its creation;

     (4) Recognize 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

     (5) Establish a procedure based on professional standards for a librarian to review and

deaccession library material within a public library on an ongoing basis, which shall include, not

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 of the library

material.

     (c) The model policy shall be updated as the chief of library services deems necessary.

     (d) A governing body of a public library shall adopt the model policy established pursuant

to this section. If a public library has a policy that complies with the requirements of subsection (b)

of this section as of the effective date of this chapter, the library shall not be required to take further

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action.

     (e) Librarians employed by a public library shall have discretion in selecting, purchasing,

or acquiring library material for inclusion in the public library, following the policy approved by

the governing body of the public library. 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.

     (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 may be submitted by an individual with a vested interest in the

public library to initiate the review of specific library material;

     (2) An individual with a vested interest in the public library requesting that library material

be reconsidered shall review the material as a whole and not choose selective passages out of

context;

     (3) A 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 for a resident to reserve,

check out, or access while the material is being reviewed;

     (4) The reconsideration process shall include the formal participation of at least one

librarian employed by the public library where the form was submitted; and

     (5) An appeals process for any decision made regarding reconsideration in accordance with

the standards established in subsection (b) of this section.

     (h) A governing body of a public library shall adopt the model policy established pursuant

to this section. If a public library has a policy that complies with the requirements of subsection (g)

of this section as of the effective date of this chapter, the library shall not be required to take further

action.

     (i) A governing body of a public library shall not remove library material from a public

library because of the origin, background, or views of the library material or of those contributing

to its creation, and shall not engage in censorship of library material. A substantive rationale for

blocking, suppressing or removing library material shall be memorialized by the governing body

in writing and made publicly available.

     (j) 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.

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     (k) A government body shall not reduce funding for a public library due to the library's

compliance with the provisions of this section.

     29-9-5. School library collection policy.

     (a) 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 on the curation of library material within a school library. The purpose of the collection

policy is to: provide standards for the selection and curation of library material; establish criteria

for the removal of existing school library material; and provide protection against attempts to

censor library material.

     (b) The model policy shall, at a minimum:

     (1) Recognize 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 in the collection;

     (2) Acknowledge that library material shall not be removed from a school library because

of the origin, background, or views of the library material or of those contributing to its creation;

     (3) Recognize the importance of school libraries as centers for voluntary inquiry and the

dissemination of information and ideas;

     (4) Promote the free expression and free access to ideas by students by prohibiting the

censorship of library materials;

     (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 created for the chronological ages and grade levels of

students in the school; and

     (6) Establish a procedure based on professional standards for a librarian to review and

deaccession library material within a school library on an ongoing basis, which shall include, not

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 of the library

material.

     (c) The model policy shall be updated as the commissioner of elementary and secondary

education and chief of library services deem necessary.

     (d) A school committee shall adopt the model policy established pursuant to this section.

If a school district has a policy that complies with the requirements of subsection (b) of this section

as of the effective date of this chapter, the school committee shall not be required to take further

action.

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     (e) 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.

     (f) Nothing in this section shall be construed to restrict a school committee’s authority to

select textbooks and school supplies related to the curriculum.

     (g) 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 removal of library material within a school

library.

     (h) The model policy shall, at a minimum require:

     (1) The creation of a request for removal form, based on a model removal form developed

by the commissioner of elementary and secondary education and chief of library services, that may

be submitted by an individual with a vested interest to the principal of the school in which the

library material is challenged 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 and not choose selective passages out of

context;

     (3) That challenged library material shall not be removed from its location within the

library and shall remain available for a student to reserve, check out, or access while the material

is being reviewed;

     (4) The request for removal process shall include the formal participation of at least one

certified librarian employed by the school where the form was submitted; and

     (5) An appeals process for any decision made regarding reconsideration in accordance with

the standards established in subsection (b) of this section.

     (i) If a school committee has a policy that complies with the requirements of subsection (h)

of this section as of the effective date of this chapter, the school committee shall not be required to

take further action.

     (j) A school committee shall not remove library material from a school library because of

the origin, background, or views of the library material or those contributing to its creation, and

shall not engage in censorship of library material.

     (k) 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.

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     29-9-6. Private right of action.

     (a) An anti-censorship claim is established under this section when a government body:

     (1) Censors or orders others to censor library materials; or

     (2) Imposes discipline, threatens to impose discipline, or terminates a school or library

employee for refusing to censor library materials.

      (b) A librarian who has been subjected to discipline, termination, or threats of discipline

or termination for refusing to censor library materials may bring an anti-censorship action in any

court of competent jurisdiction for damages, including punitive damages, and for declaratory and

injunctive relief and such other remedies as may be appropriate against a government body.

     (c) A student, or their parent or guardian, may bring an anti-censorship action in any court

of competent jurisdiction for declaratory and injunctive relief and damages against a government

body that enforces censorship of library materials. Damages shall be a minimum of five hundred

dollars ($500) per censored work, but shall not exceed five thousand dollars ($5,000) per censored

work.

     (1) Students, or their parents or guardians, may only challenge censorship within a school

they, or their child, attends.

     (d) An author, bookseller, or publisher whose library materials have been subjected to

censorship may bring an action in any court of competent jurisdiction for declaratory and injunctive

relief and damages against any government body that enforces censorship of library materials.

Damages shall be a minimum of five hundred dollars ($500) per censored work but shall not exceed

five thousand dollars ($5,000) per censored work.

     (e) In any anti-censorship action, the court shall grant a prevailing plaintiff reasonable

attorneys’ fees and related costs, including expert fees.

     (f) A government body may not use funds that would otherwise have been used by a library

to pay damages, attorneys’ fees, or other related costs.

     (g) With regards to an affirmative defense, a government actor, or member thereof, acting

under direct compulsion from binding state or federal government authority shall not be liable for

censorship.

     (h) With regards to a statute of limitations, any action or proceeding to enforce this section

shall be commenced no later than three (3) years 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.

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     (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.

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     (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 her 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.

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     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) It is in the interest of the state to protect the financial resources of libraries and

educational institutions from being expended in litigation and to permit these resources to be used

to the greatest extent possible for fulfilling the essential purpose of libraries and educational

institutions.

     (b) In any prosecution arising under §§ 11-31-1 or 11-31-10, shall be an affirmative defense

that the defendant was a bona fide school, museum, or public library, or was a person acting in the

course of employment as an employee or official of such an organization.

     (c) If the charges are dismissed or the defendant is acquitted in any prosecution arising

under §§ 11-31-1 or 11-31-10, the defendant, if the affirmative defense established in this section

was asserted, shall be entitled to an award of reasonable attorneys’ fees and costs.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LIBRARIES -- THE FREEDOM TO READ ACT

***

     This act would promote the free expression and free access of information by prohibiting

the censorship of library materials. This act would require the creation of a model policy relative

to library material within a public library and school library.

     This act would take effect upon passage.

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