Impact on Libraries
Though this is directed towards schools, it is another challenge to free speech and expression of ideas. The requirements of this bill would be onerous and would have the effect of censoring materials for students.
The bill requires “(2) Directly identifying books within libraries of the schools containing sexually explicit content that are used by or made available to students at schools in the school entity.” This is not an achievable standard for librarians as there is no way for one person to read every book in the library to make sure this content is there, nor is there a standard review source that identifies books as such.
The bill would also require an opt-in form that must use the language “By signing this document I am giving permission for my child to be provided books, handouts and instructional material that may include written or visual depictions of sexual conduct. Sexual conduct is defined in law as “acts of masturbation, sexual intercourse, sexual bestiality or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast.” and include “The opt-in form must include “a list of book titles and materials scheduled to be used as part of curriculum and class discussion or available within the school that meet the definition of sexually explicit content.”
The definitions used in the proposed bill are:
“Sexual conduct.” Acts of masturbation, sexual intercourse, sexual bestiality or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if the person is a female, breast.
“Sexually explicit content.” The term shall include the following: (1) Materials that contain visual or visually implied depictions of sexual conduct or simulations of sexual conduct. (2) Materials that contain explicit and excessive written descriptions of sexual conduct. (3) Materials that contain visual depictions of nudity accessible to minors in kindergarten through grade eight.
Sponsors: MASTRIANO, ROTHMAN, BROOKS, HUTCHINSON, STEFANO, MARTIN, J. WARD and DUSH
Previously SB7 in 2023-2024 Session; It passed a Senate vote but died in House committee.
Actions
- Referred to Senate Committee on Education, February 3, 2025