The outlook for unbanning books in 2025 is not looking so good.
Rockingham County Public Schools has a new School Board Chairman, Sara Horst, with Ashley Burgoyne as Vice Chair. Chair position rotates regularly so I’m not reading anything into that and don’t anticipate any changes. Their first regular meeting is tonight, Monday January 13, and no books are on the agenda to be voted on. Thus they remain inexplicably unavailable for students.
Several states have passed Anti Book-Ban bills, mainly protecting public libraries. Virginia was not one of them. Kelly Jensen of Book Riot sums up the laws that did pass here. New Mexico Becomes Fourth State to Introduce Anti-Book Ban Bill for 2025: Here’s What They Are (& What You Can Do To Help Pass Them) I think you know what we’ll need to do for anything like this to be considered in Virginia, but I wanted to highlight that other states have had some success.
Meanwhile, in Front Royal, the fight over control of the Samuels Public Library continues. After overwhelming response against the Board of Supervisors’ plan to replace the governing board of the Library, they voted to replace the Board. It remains to be seen who they appoint. Royal Examiner report: New Year, New Officers, Same Old Fight Over Samuels Public Library Operations and Financing
I contacted Sen. Ghazala Hashmi because she had done work last year to correct a mistake in the parental notification law that omitted a line approved in the parental notification law (SB656). The last line read “The bill states that the provisions of the bill shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.” This was omitted in Code of Virginia 22.1-16.8. Most people check the Code for the actual law. Governor Youngkin vetoed the law, stating “Current law unequivocally affirms that the adoption of these model policies by a school board should not be interpreted as requiring or providing for the censorship of books in public elementary and secondary schools. Therefore, the bill is unnecessary.” Nevertheless, Rockingham used that law as a basis for their policy which censors books. I asked Senator Hashmi to look into changing the definition of obscenity within that law, which regular readers know is based on the definition of what state employees are not allowed to view on state computers, has nothing to do with literature, and fails to consider the works as a whole.
The response from Senator Hashmi said,
Thanks very much for your email and the clarifying information. The attacks on our libraries, both school and public, are truly regrettable. I never thought we would witness such efforts in this country, let alone in Virginia.
I hope to pursue stronger legislation but to do so next year. Given the current administration, I have no doubt that any efforts this year would be vetoed. I am hoping that we can pursue more comprehensive and meaningful efforts in the next Session in 2026. Regardless, I will continue to speak out and do what I can to protect our libraries.
I find this somewhat disappointing, but somewhat understandable. Youngkin would indeed probably veto any proposals he could spin as restricting parents’ rights, but this is also an issue that really needs to be discussed as we go into the next election. Which parents have rights? Censorship takes away the rights of parents to influence what their children read by limiting availability of books. The issue is about access and it’s about representation. The argument “They can just buy the book, or get it from their public library” does not address either of those issues. In addition, studies show that Americans are overwhelmingly against book bans, so for a politician bold enough to speak up, the public is with you.
As the General Assemby goes into session officially today, here’s what I could find about proposals for libraries. Full bills are linked, and my thoughts are at the end. To be honest, I don’t have any inside information on any of these yet.
HB 2190 - Public schools; school libraries; catalog of print or digital materials available in school libraries and used as instructional materials; development, implementation, and maintenance.
Patron: Freitas (R)
Status: Committee Referral Pending
A BILL to amend the Code of Virginia by adding a section numbered 22.1-206.4, relating to public schools; school libraries; catalog of print or digital materials available in school libraries and used as instructional materials; development, implementation, and maintenance.
SUMMARY AS INTRODUCED:
Public schools; school libraries; catalog of print or digital materials available in school libraries and used as instructional materials; development, implementation, and maintenance. Requires the principal of each public elementary or secondary school or his designee to develop, implement, and maintain in an electronic spreadsheet or substantially similar electronic format a catalog of all print or digital materials, as defined in the bill, available in the school library and all instructional materials, as defined in the bill, used as a part of the school curriculum. The bill requires such catalog to (i) be developed and posted in a publicly accessible location on the school website in a searchable and downloadable format; (ii) identify each item by the item's title, author, and, if applicable, International Standard Book Number, or such other identifying features or information as the principal or his designee deems appropriate; and (iii) be maintained and updated as necessary to accurately reflect all print or digital materials available in the school library and any instructional materials used as a part of the school curriculum.
My questions: Online card catalogs are standard in schools. Are there schools in Virginia that are not online, and I have questions about the bold part — he wants all instructional materials to be cataloged? What does that include? Freitas also seems to want all catalogs to be publicly available. Easier for the moms4liberty types to prepare challenges from their sofas, I suppose. I also question the requirement that it be downloadable? What is he talking about? Has he ever used an online catalog?
HB 2400 - Public elementary and secondary school libraries; model policies for review of print and audiovisual materials; sexually explicit visual content prohibited.
Patron: Scott, P.A. (R)
Status: Committee Referral Pending
A BILL to amend and reenact §§ 18.2-391.1 and 22.1-16.8 of the Code of Virginia, relating to public elementary and secondary school libraries; model policies for review of print and audiovisual materials; sexually explicit visual content prohibited.
SUMMARY AS INTRODUCED:
Public elementary and secondary school libraries; model policies for review of print and audiovisual materials; sexually explicit visual content prohibited. Requires the Department of Education to develop and make available to each school board model policies prohibiting any school library in any public elementary or secondary school from obtaining or possessing any print or audiovisual materials that contain sexually explicit visual content, as that term is defined in the bill. The bill requires such model policies to (i) require the review of any print or audiovisual material that is (a) made available to any such school for placement in any school library or (b) accessible to students in any school library for the purpose of determining whether such material contains sexually explicit visual content; (ii) provide for the removal or exclusion from any school library of any print or audiovisual material that, upon review, is determined to contain sexually explicit visual content; and (iii) establish guidelines for implementing such policies in accordance with the provisions of the bill to ensure compliance with the First Amendment to the Constitution of United States and Article 1, Section 12 of the Constitution of Virginia. The bill requires each school board to adopt policies that are consistent with but may be more comprehensive than the model policies adopted by the Department pursuant to the bill. Finally, the bill amends the exception in current law to the prohibition of certain sales and loans to juveniles for the purchase, distribution, exhibition, or loan of certain materials to schools to clarify that the exception does not apply in the case of public school libraries as provided in the provisions of the bill.
My thoughts: There’s an empahsis on visual, but as I dig deeper, this also reaffirms the parental notification law, and removes school libraries from the exemption on loaning “obscene” materials to juveniles. This is tricky, because that exemption is based on the states’s version of the Miller test § 18.2-390. The definition in this section of harmful to juveniles as:
(6) "Harmful to juveniles" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.
I highlighted several key phrases here that refer to the purpose of the book, and the importance of considering the value of the book as a whole. These are valuable considerations and protections against censoring books because of content taken out of context. This law appears to be trying to eliminate them. I smell a rat.
HJ 440 - Study; Joint Legislative Audit and Review Commission; removal of books from public school libraries; report.
Patron: Simon (D)
Status: Committee Referral Pending
Directing the Joint Legislative Audit and Review Commission to study the removal of books from public school libraries in the Commonwealth. Report.
SUMMARY AS INTRODUCED:
Study; Joint Legislative Audit and Review Commission; removal of books from public school libraries; report. Directs the Joint Legislative Audit and Review Commission (JLARC) to study the removal of books from public school libraries between July 1, 2020, and December 31, 2024. In conducting its study, JLARC is also directed to determine what resources exist to support school administrators in decisions concerning the removal of a book from a public school library and to report its findings by October 1, 2025.
My thoughts: This might be the 1st step to creating a bill against bookbanning by indicating scope of problem? The whereas-es in the text of the bill are very supportive of libraries and highlight the scope of the issue. Also supported by a Senate Bill, SJ251.
WHEREAS, the libraries in Virginia's public schools are an important source of learning and exploration for Virginia's school children; and
WHEREAS, the books in circulation at Virginia's public school libraries are selected by professionally trained librarians and media specialists; and
WHEREAS, at times certain books in public school libraries are found objectionable by some parents while supported by other parents; and
WHEREAS, § 22.1-16.8 of the Code of Virginia was enacted in 2022 and directed the Department of Education to adopt model policies to ensure parental notification of instructional material in the classroom that includes content deemed to be sexually explicit, and directed each school board to adopt similar or more comprehensive policies; and
WHEREAS, parents are to be given the opportunity under the adopted policies to request alternative nonexplicit instructional material for their children; and
WHEREAS, the Department of Education adopted such model policies in August 2022 that focused on books used in the classroom and specifically provided that books in school libraries would only be considered instructional material if required for completion of an assignment or as part of an academic or extracurricular educational program; and
WHEREAS, some school divisions have removed books from circulation in school libraries because they are deemed to contain "sexually explicit content" as defined in § 2.2-2827 of the Code of Virginia or other content that is found to be objectionable; and
WHEREAS, certain book removal actions have occurred at the recommendation of challenge committees composed of parents and school librarians or media specialists, while other removals have occurred without recommendation from the school librarian or media specialist and instead at the direction of a school board, individual school board members, individual school principals, individual superintendents, or other school administrators; now, therefore, be it
SB 931 - Obscene materials; restrictions on purchase, distribution, exhibition, or loan; exceptions; libraries and schools.
Patron: Head (R)
Status: In Committee
A BILL to amend and reenact § 18.2-383 of the Code of Virginia, relating to obscene materials; restrictions on purchase, distribution, exhibition, or loan; exceptions; libraries and schools.
SUMMARY AS INTRODUCED:
Obscene materials; restrictions on purchase, distribution, exhibition, or loan; exceptions; libraries and schools. Modifies the exception to restrictions on the purchase, distribution, exhibition, or loan of any book, magazine, or other printed or manuscript material that contains obscene materials by providing that schools supported by public appropriation are not subject to the exception and limiting the exception applicable to libraries supported by public appropriation only to obscene material that is available exclusively in a section of the library to which access is restricted by age.
My thoughts: Two points here: this law proposes to removes schools from the exemption (§ 18.2-383.) on loaning “obscene” materials to juveniles discussed above, because of the way that part of the law defines obscenity, as discussed in the Scott bill HB 2400 above. It also wants to force public libraries to enact age restrictions. I smell a rat on this one too.
SJ 251 - Public school libraries; removal of certain books, report.
Patron: Locke
Status: In Committee
Directing the Joint Legislative Audit and Review Commission to study the removal of certain books from public school libraries. Report.
SUMMARY AS INTRODUCED:
Study; JLARC; public school libraries; removal of certain books; report. Directs the Joint Legislative Audit and Review Commission (JLARC) to study the removal of books from public school libraries in the Commonwealth between July 1, 2020, and December 31, 2024, on the basis of such books containing sexually explicit content or other content deemed objectionable for the purpose of identifying each book removed and, for each book removed, (i) the purported reason for its removal, (ii) the processes and procedures by which each book was identified as containing content necessitating its removal and for removing each book, and (iii) whether applicable state law directing the Department of Education to adopt model policies and each school board to adopt policies consistent with such model policies was used by any school division to justify the identification, removal, or process and procedures by which each book was identified or removed. The bill requires JLARC to complete its meetings by August 1, 2025, and directs the chairman to submit an executive summary of its findings and recommendations by October 1, 2025.
My thoughts: Matches up with HJ 440; see my thoughts above. Let’s give full support to this.
We know we are in for trying and dangerous times. I’m thinking about this article from Teen Vogue (if you didn’t know, they often have insightful political analysis) about the potential dangers to activists in the upcoming administration. Trump Has Promised to Target ‘the Radical Left’ — What Could That Look Like?
As usual, take care of yourself. Talk to your neighbors and correct any misinformation you hear immediately. Call or write your legislators, even if you feel it will not do any good. There needs to be a record of opposition.
Find joy and beauty within each day — it’ll help build a reservoir of strength for the days when finding those things is a true challenge.
