Legislative Update
Session of 2023 - 2024 Regular Session
This page addresses current and proposed legislation related to school libraries and intellectual freedom in school libraries, and its potential impact on school libraries and librarians. This page will change frequently.
For more updates about current advocacy efforts please visit the PSLA Advocacy website and PA Legislation updates.
Senate Bills
https://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2023&sessInd=0&billBody=S&billTyp=B&billNbr=0007&pn=0619
Memo: Parental Control of Student Exposure to Sexually Explicit Content in Schools
Prime Sponsor: Senator Aument
Last Action: Referred to EDUCATION, April 20, 2023 [Senate]
Implications for School Librarians:
Senate Education Committee - Public hearing on sexually explicit content in schools, October 17, 2023 [video]
House Bills
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2023&sind=0&body=H&type=B&bn=0209
Memo: Removing Obscene Material from Our School Libraries (prior HB 2815)
Prime Sponsor: Representative GLEIM
Last Action: Referred to JUDICIARY, March 8, 2023 [House]
Implications for School Librarians: removes school libraries from exemption from prosecution for obscene and other sexual materials or performances.
3https://www.legis.state.pa.us/CFDOCS/billInfo/billInfo.cfm?syear=2023&sInd=0&body=H&type=B&bn=473
Memo: Media Literacy
Prime Sponsor: Representative BRIGGS
Referred to EDUCATION, March 16, 2023 [House]
Implications for School Librarians:
Co-Sponsorship Memoranda
A document that aims to a.) describe in plain language, the need, intent and impact of the anticipated bill and b.) invites legislators to sign-on in support of the bill, as “co-sponsors.”
Senator Judith L. Schwank
Subject: Keep Certified Librarians in our Public Schools
December 6, 2022 06:34 AM
Legal Precedents
Board of Education, Island Trees Union Free School District No. 26 v. Pico
https://www.oyez.org/cases/1981/80-2043
First Amendment limits the power of school officials to remove books from school libraries because of their content.
Counts v Cedarville District
https://www.bookweb.org/news/harry-potter-and-order-cedarville-school-board
U.S. District Court for the Western District of Arkansas ruled in 2003 that it is unconstitutional for the school district to require children to receive parental permission when checking out Harry Potter books from the school library
Freedom to Read - Glossary of Legal Terms
https://www.ftrf.org/page/Glossary
Glossary of terms from the Freedom to Read Foundation.
Legal Definition of Obscenity
https://www.freedomforuminstitute.org/about/faq/what-is-the-legal-definition-of-obscenity/
Mission is to foster First Amendment freedoms. Legal definition of obscenity.
Montero v Tempe
The U.S. Court of Appeals for the 9th Circuit decided in 1998 that removing controversial books from the curriculum because of parent complaints would be a violation of students’ First Amendment rights to receive information