A Freedom to Read Act is a state law that bars public and school libraries from removing books because officials or complainants dislike the ideas in them, sets a formal procedure for handling challenges, and protects library staff from being punished for following their professional duties. At least ten states have enacted a version since 2023, and a federal companion bill, the Right to Read Act, has been introduced in Congress but is not law.
Which States Have Enacted One
Illinois went first in 2023, tying anti-censorship policy requirements to state library grants. New Jersey followed in 2024 with the most detailed version to date, covering both school and public libraries. Colorado enacted its own Freedom to Read Act in 2025, requiring local school boards to adopt standard policies before any library material can be removed. Connecticut, California, Maryland, Minnesota, Oregon, Washington, and Rhode Island have all passed similar protections.
The specifics differ, but three ideas run through all of them: libraries must have written selection and reconsideration policies, removals must go through a transparent process, and staff cannot be retaliated against for doing their jobs.
What the Law Prohibits
The core rule is simple. A library cannot remove or restrict a book because someone disagrees with its viewpoint. New Jersey’s statute bars school boards from removing materials “because of the origin, background, or views of the library material or those contributing to its creation.”1New Jersey Legislature. Freedom to Read Act Objections from a parent, a board member, or an outside group are not, on their own, grounds for pulling a title.
A challenged book must be evaluated as a whole work rather than by isolated passages. That single requirement changes many outcomes, because most challenges rest on scenes lifted out of context.
Protected characteristics also matter. Books cannot be restricted because of the race, gender identity, sexual orientation, or national origin of the author or the characters. New Jersey ties this directly to the state’s existing anti-discrimination framework.2New Jersey Department of Education. Freedom to Read Act
Age-Appropriate Shelving Is Still Allowed
These laws do not force every book onto every shelf. New Jersey’s statute expressly says “censorship” does not include “limiting or restricting access to any library material deemed developmentally inappropriate for certain students.”1New Jersey Legislature. Freedom to Read Act A graphic novel meant for high schoolers does not have to be available to second graders. What the law blocks is using age-appropriateness as cover for removing a book from the library entirely because of its message.
How a Book Challenge Works
Freedom to Read Acts replace informal complaints with a documented process. The library or school board must first adopt a written selection and reconsideration policy. Without that policy, a board generally cannot remove materials at all. Colorado’s law says so explicitly.
New Jersey’s procedure is one of the most detailed in the country:
- A person with a “vested interest” files a formal removal request, identifying specific sections and reasons. General complaints about a book’s content are not enough.
- The principal forwards the request to the superintendent, who appoints a review committee to evaluate the material as a whole.
- The book stays on the shelf and accessible throughout the review. Preemptive removal is not allowed.
- The committee issues a written recommendation within 60 school days of the next regularly scheduled board meeting after the challenge is received.
- The school board makes the final decision. If it overrides the committee, it must give a written explanation.
- The board’s written statement of reasons must be posted on its website within 30 days.1New Jersey Legislature. Freedom to Read Act
Public libraries follow a parallel process through their own governing bodies. The transparency requirements are what give the procedure its bite. Decisions made in public, with reasoning posted online, are much harder to push through quietly.
Protections for Library Staff
Legislators in at least 15 states have introduced bills in recent years that would impose criminal penalties on librarians for providing certain books to minors, some carrying fines up to $5,000 and jail time up to a year. Freedom to Read Acts run the other way. New Jersey’s law gives school and public library staff immunity from civil and criminal liability for “good faith actions performed pursuant to” the law’s requirements.1New Jersey Legislature. Freedom to Read Act A librarian who follows the adopted policy cannot be sued or prosecuted for making a challenged book available. Colorado’s version similarly bars retaliation against librarians for doing their work.
The immunity has limits. “Good faith” means the staff member actually followed the library’s policy. A librarian who ignored the policy would not be shielded. For professionals working within established standards, though, the protection is real.
How Compliance Is Enforced
The enforcement lever in most of these laws is money. Illinois made this explicit: libraries receiving state grants must either adopt the American Library Association’s Library Bill of Rights or develop their own written anti-book-banning policy. Libraries that refuse lose eligibility for state grant funding, and the state can audit for compliance.
State aid pays for technology, facilities, and collection development that many local libraries cannot cover from local revenue. Very few libraries choose to walk away from it, so the funding condition does most of the work.
The Federal Right to Read Act
At the federal level, the Right to Read Act (S.3365) was introduced in the 119th Congress. It has not been enacted. The bill focuses on school libraries and would authorize $500 million per year in grants for “effective school libraries,” plus $100 million a year for related programs.3United States Congress. S.3365 – Right to Read Act of 2025
It carries its own liability shield: no teacher, librarian, school leader, or staff member would be liable for actions “carried out in conformity with State or local policies regarding the right to read.”3United States Congress. S.3365 – Right to Read Act of 2025 Grant recipients would have to give assurances that they will protect First Amendment rights. Unless and until it passes, the state Freedom to Read Acts are the only versions of this framework with the force of law.