Rhode Island is one of the few states that does not have legislation protecting librarians from charges of obscenity

“Most of the challenges nationwide are against books written by or about a person of color or a member of the LGBTQIA+ community.”

“Why do we need protections for library workers?” asked Bill Lancellotta, Assistant Director at the Memorial and Library Association of Westerly, testifying before the Rhode Island House Judiciary Committee on Thursday. “Quite simply, because we are under attack. Libraries in Rhode Island and across the nation are facing an unprecedented wave of attempts to censor library materials and criminalize the practices of librarianship. Often these attempts are made through the state's existing obscenity laws.”

To help counter these First Amendment attacks, Representative David Morales (Democrat, District 7, Providence) introduced H7575, which “would establish, as an affirmative defense to the crimes of circulating obscene publications or shows and selling or exhibiting obscene publications to minors, the person’s employment status as an employee of a school, museum, or library.”

“To be clear,” said Representative Morales, “this legislation would not exempt public librarians, educators, and museum workers from prosecution. It would just ensure that these public servants have affirmative defense protections when presenting legal evidence that the obscene literature or materials in question serve serious literary, artistic, educational, and scientific value to the collection that they are a part of. In other words, this protection would help mitigate unnecessary lawsuits actively being weaponized.”

The Rhode Island Library Association notes that between January 1 and August 31, 2023, the American Library Association’s Office for Intellectual Freedom reported 695 attempts to censor library materials and services and documented challenges to 1,915 unique titles, an increase of over 20% from the previous year.

“Most of the challenges nationwide are against books written by or about a person of color or a member of the LGBTQIA+ community,” noted Cheryl Space, Director of the Community Libraries of Providence during her testimony. “Just because a book does not align with a particular parent's political or religious views or family values does not mean that it is obscene or pornographic and does not belong in the library… Library staff nationally resolutely resist pressure to narrow the scope of critical information and representation. This can lead to harassment and accusations, but we stand strong.”

“Across the nation, librarians and educators have been increasingly subject to criminal prosecution and/or harassment for teaching about and/or providing materials about sex, gender, or race,” notes the Rhode Island Library Association. “44 states across the country already have laws in place that assert an affirmative defense for librarians and educators in their obscenity laws. Rhode Island remains the only New England state that does not currently have exemptions from prosecution for bona fide professionals including teachers, librarians, and museum educators who are doing their jobs in developing their collections.”

“Just last year in Rhode Island, House Bill 6324 sought to threaten library workers with thousand-dollar fines and imprisonment of up to two years,” said Bill Lancellotta. “Thankfully, the legislation was not passed. However, unlike all the other states in New England, as you know, Rhode Island does not have exceptions in the law for school, museum, or library workers who may again be targeted by this tactic meant to instill fear in educators and librarians.”

The Rhode Island Library Association notes that:

• Libraries and educational institutions carry out the essential purpose of making available to all citizens a current, balanced collection of books that reflects the cultural diversity and pluralistic nature of American society;

• Librarians and teachers are highly educated professionals and should be able to do their work without fear of criminal prosecution or legal action taken against them for providing access to materials that a small minority of the community might find objectionable;

• Public and school libraries already have a clear, standardized process whereby members of the public can document their concerns and request reconsideration of materials;

• Educators and librarians have collection development policies, approved by their governing bodies, that detail the types of materials they select and why; and,

• Librarians affirm the rights of parents/guardians to guide their children in selecting materials to take home; libraries provide a “marketplace” of materials to serve all.

This is the second bill to be considered by the Rhode Island House in recent weeks that seeks to protect libraries from censorship and librarians from prosecution. On March 1 the House took Representative Jennifer Stewart’s bill - H7386 - The Freedom to Read Act, which “asserts that it is the responsibility of the state government to support the right of Rhode Islanders to read freely.”

Both bills have been held for further study.

“Libraries provide Rhode Islanders with a wealth of information, resources, learning opportunities, and a place to build community. Library staff sees individuals from all walks of life using these valuable cultural centers,” wrote Melody Drnach, Chair of the Library Board of Rhode Island on behalf of that organization. “It is of the utmost importance that all residents of Rhode Island can see themselves reflected in the collections held by the libraries in our state. Library collections are intentionally inclusive of books and media that include topics of race, gender, and sexuality as they reflect the diversity that makes up the American fabric.

“Unfortunately, we have seen library staff and educators nationwide subject to criminal prosecution and/or harassment for providing inclusive collections to their communities. A small but vocal minority of the population hopes to prevent the collection of or remove materials from libraries that they believe to be objectionable…It is imperative that the staff of libraries and educational institutions can perform their work without fear of harassment or criminal prosecution.”