Lawmakers weigh library censorship. Again.

Throughout my life I have seen the power of books and libraries. As a day care provider, I offered kids storytimes in my home and volunteered as a library storytime reader. While growing up in Zap, North Dakota, my five siblings and I were so hungry for the printed word that we even exchanged cereal boxes at the breakfast table. Later, I brought my own children to the Minot Public Library, checking out books for them and for myself. The library became such a large influence on our lives that my daughter grew up to be a library director.

This is why I joined Right to Read ND. We are a nonpartisan group of North Dakota citizens who believe that parents, not the government, should supervise reading choices for their own children. We trust our teachers and librarians to curate collections and provide access to information. We reject censorship and fight to protect our First Amendment right to access materials.

Once again, North Dakota legislators are trying to censor materials in our libraries. Senate Bill 2307 would require librarians to remove ill-defined “explicit” materials from our library shelves. The bill’s censorship might even extend to digital materials like ebooks, articles, and audiobooks that many North Dakotans access through their local library.

These are three of the many issues we at Right to Read ND see with Senate Bill 2307:

First, no one can explain how the bill would be implemented. 

The bill’s sponsor, Sen. Keith Boehm, R-Mandan, was recently quoted in an article in the ND News Cooperative, saying he thinks the bill’s requirements would be satisfied if each library purchased a cabinet to house 200 books. So, which books would be locked in the cabinet? 

The legislator’s comment sounds like he already has a personal list of books that he feels are inappropriate. However, using one individual’s viewpoint to guide what a library removes from their collections violates North Dakotans’ First Amendment rights. If libraries pull those books from public circulation, it exposes North Dakota libraries to potential lawsuits from those who can rightfully claim they are being denied access to materials, which is their First Amendment right affirmed through cases such as the U.S. Supreme Court’s 1982 ruling in Board of Education v. Pico.

The First Amendment protects our right to speak and also our right to receive information. It prevents the government from blocking access, which includes locking books away in a cabinet.

Second, it would be costly to taxpayers. 

Compliance with this bill would require major library renovation especially impacting smaller, rural libraries who would have to remodel to create a barrier between the adult and children’s sections. This would be a waste of taxpayer dollars to fund these renovations, funds that could be better used to provide library programs to our communities.

Finally, we’ve already done this. 

During the 2023 legislative session, House Bill 1205 passed both chambers and put the Federal Miller Test for obscenity into state law. The Miller Test ensures that libraries have age-appropriate materials in children’s collections. This law also requires libraries to file a report yearly so the state can make sure they are complying.

Legislators are back for more in 2025 with Senate Bill 2307, which elevates the voice of a few over the needs of the many in our local communities. It’s time for the Legislature to move on.