A new law in Utah, HB29, is stirring controversy for its potential to stifle intellectual freedom in the state's public school libraries. The legislation, passed by the Legislature's Republican supermajority and signed by Gov. Spencer Cox, empowers a minority of school districts to ban books that are deemed to contain 'objective sensitive material.'
Under HB29, just three public school districts or a combination of two districts and five charter schools could collectively remove books from every public school library in the state. While the Utah State Board of Education retains the authority to override such bans, the law poses a significant threat to the diversity of thought and expression within Utah's educational system.
On February 21, HB29 passed with a 52-18 vote in the House, allowing the Utah State Board of Education to conduct hearings regarding the removal of school library materials statewide. The state board has the discretion to hold hearings or overturn district decisions, providing some level of oversight.
HB29 would not alter the definitions of sexually explicit material already outlined in state law, which dictates what can be removed. Rep. Ken Ivory, the bill's sponsor, views HB29 as a clarification measure aimed at swiftly removing 'objective sensitive material' from public schools in Utah.
Senator Todd Weiler, a Republican from Woods Cross, stated during a Senate debate that the legislation aims to prohibit illicit pornography from being accessible in public school libraries. He clarified that the bill is not intended to censor material based on convenience or disagreement with the message. He emphasized that it does not ban content exploring racism, violence, alternative lifestyles, or other controversial subjects.
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In 2022, the Utah Legislature passed a law allowing challenges to school library materials. Weiler explained that this resulted in absurd situations where people challenged books like the Quran and the Bible not because they were pornographic but to mock the law.
Critics argued that HB29 could disproportionately target books that portray LGBT individuals with humanity or shed light on historical injustices, effectively censoring vital perspectives and narratives from students' learning experiences. The law's broad reach undermines principles of local control, community standards, and the promotion of free thought and inquiry.
Despite these concerns, a glimmer of hope emerges amidst the controversy. The law targets only school libraries, leaving municipal libraries and bookstores untouched. This loophole might draw more attention to banned books, prompting curious readers to seek them out in defiance of censorship.
Utah teachers are taking a stand amidst growing threats to public education. The Utah Education Association recently opposed a proposed constitutional amendment diverting funds from public schools. This highlights educators' recognition of legislative actions jeopardizing the integrity and vitality of Utah's public education system.
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