Two new bills in the Michigan House focus on protecting the right to read and provide guidelines for how materials challenges are handled.
The Public Library Freedom to Read Act (HB6034) was introduced by Representative Veronic Paiz (11th House District, serving east-northeast Detroit, Harper Woods and southern/central St. Clair Shores) and The District Library Freedom to Read Act (HB6035) was introduced by Representative Carol Glanville (84th House District, serving Grandville, Walker and northwest Grand Rapids). HB6034 addresses public libraries, which are typically governed by a city or county government and HB6035 addresses district libraries, which are independent government units. Each of the bills are co-sponsored by 22 additional legislators.
In addition to providing guidelines for what qualifies as a “challenge” to remove materials from a library, the bills state that “A district library shall not grant a request for reconsideration based on the subject matter, content, or viewpoint of material, unless the material has been adjudicated to be obscene or otherwise unprotected by the First Amendment of the Constitution of the United States or by section 5 of article I of the state constitution of 1963, as determined by a court of competent jurisdiction over the community in which the district library serves.”
The language of the bills can be read here: The Public Library Freedom to Read Act HB6034) and The District Library Freedom to Read Act HB6035)
The proposed guidelines for requests for reconsideration of materials in a library require that:
- The materials must be owned or controlled by the library.
- The individual making the request for reconsideration certifies that the requester has read the entire material before filing the request for reconsideration. If the request for reconsideration involves a program, the request for reconsideration must certify that the requester has attended the program or read the description of the program. If the request for reconsideration involves audio or video material, the request for reconsideration must certify that the requester has listened to or viewed the entire audio or video material.
- The individual making the request must reside in the service area of the library.
- A reason or basis for a request for reconsideration cannot be made based on the religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status or marital status of the author or because the subject matter, content or viewpoint of the material involves religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status or marital status.
- A public library shall not grant a request for reconsideration based on the subject matter, content or viewpoint of material, unless the material has been adjudicated to be obscene or otherwise unprotected by the First Amendment of the Constitution of the United States or by section 5 of article I of the state constitution of 1963, as determined by a court of competent jurisdiction over the community in which the public library serves.
Both of these bills closely mirror the policies and procedures at Kent District Library and provide a uniform approach for all public and district libraries in Michigan that is based upon the U.S. Constitution and long-standing Michigan Law. Information on how Kent District Library selects materials for the collection, how patrons may request materials to add to the collection and how patrons may request that the library reconsider anything currently in the collection can be found at https://kdl.org/materials-access/. Patrons can also ask library staff or the KDL Patron Services Team about the library's collection policies and procedures.
