California Bill Would Restrict Libraries From Removing Content Deemed Inappropriate

A group of residents raise awareness of what they say are inappropriate books in the children’s section of libraries in Huntington Beach, Calif., on April 16, 2024. Courtesy of Patricia Pappas

A California bill would prohibit libraries from banning, limiting access to, or removing books they deem inappropriate.

Assembly Bill 1825 would prohibit a governing board or body of any public library that receives state funding from making materials unavailable based on subject matter such as sexual content, gender identity, sexual orientation, religion, and political affiliation, among other content. It states everyone has the right to access library materials regardless of age or other personal characteristics.

The legislation allows for an exception to the sexual content guideline if the content “qualifies as obscene under United States Supreme Court precedent,” according to the bill text.

The bill would not impact school libraries.

AB 1825, called the California Freedom to Read Act, passed the state Assembly in May and underwent a second reading in the Senate’s appropriations committee Aug. 6. It will proceed to a Senate floor vote once the legislation is approved by the committee after the third reading.

It was introduced in January by Assemblyman Al Muratsuchi (D-Torrance), who said the legislation aims to preserve First Amendment rights.

“Removing and banning books from public libraries is a dangerous step to government censorship and the erosion of our country’s commitment to freedom of expression,” Muratsuchi said, according to an analysis by the state Senate’s judiciary committee from June.

The bill would also require library districts to create a publicly accessible “collection development policy” by Jan. 1, 2026, and would prohibit libraries from disciplining staff for refusing to remove library materials or making displays or acquisitions in line with the legislation’s guidelines.

“The Legislature finds and declares that ensuring public libraries are free of censorship is a matter of statewide concern and is not a municipal affair,” states the bill text.

Opponents say AB 1825 isn’t about preventing censorship but removing local authority from a library’s governing board.

Real Impact, a faith-based advocacy group in Chino Hills, said the bill would eliminate community input in deciding what content is best for patrons, according to the analysis.

“AB 1825 blatantly ignores the local authority that library governing boards possess,” the group said.

Another opponent is Fresno County Supervisor Steve Brandau, who led an effort last year to pass a county resolution that establishes a community panel to review books in the children’s section of local libraries.

“I am vehemently opposed to the Legislature moving something forward that undermines the ability of parents to be involved in these subject matters for their children,” he told The Epoch Times.

He said the resolution was not a book ban. “The books stay in the library, but they’re moved out of the reach of the children,” he said.

The city of Huntington Beach in Orange County also last year approved a resolution to create a panel of community members with oversight of children’s books in the city’s libraries. The resolution instructs libraries to move books with sexual content out of the children’s section and requires a parent or guardian’s consent to access such materials.

Micaela Ricaforte contributed to this report.