N.J.S.A. 18A:34A-2 — Findings, declarations.

18A:34A-2 Findings, declarations. 2. The Legislature finds and declares that: a. The freedom to read is a human right, constitutionally protected by the First Amendment of the United States Constitution, and individuals have the right to free inquiry and the right to form their own opinions. b. The freedom to read does not require a person to agree with topics or themes within a material, but instead allows a reader to explore and engage with differing perspectives to form and inform their own views. c. Since Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), it has been well established that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" and, as such, students have a right to access a diverse range of developmentally relevant information, stories, perspectives, and ideas. d. In Bd. of Ed. v. Pico, 457 U.S. 853 (1982), the United States Supreme Court opined that "local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to 'prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.'" e. School libraries and public libraries, as centers for voluntary inquiry, play a unique role in promoting intellectual freedom, providing equitable access to learning resources, and promoting democracy by providing service to all regardless of race, ethnicity, creed, age, ability, gender, or socio-economic status. f. School library staff members and librarians are essential members of the community; as trained professionals, they help young people of all backgrounds find and interpret the information they need to succeed in school and prepare for college, careers, and life. g. School library staff members and librarians receive extensive professional training that prepares them to develop and curate collections designed to meet the broad and varied interests and needs of their communities and students, which is based on a variety of factors, including pedagogical value, student interest, and the appropriateness of the material. h. Despite this, school library staff members and librarians have been targeted and harassed for providing young people access to library material. i. Therefore, it is necessary and proper for the Legislature to protect the freedom of New Jersey's residents to read, for school libraries and public libraries to acquire and maintain materials without external limitations, to recognize that school library staff members and librarians are trained to curate and develop collections, and to ensure school library staff members and librarians are able to perform their duties. L.2024, c.96, s.2.

This is the verbatim text of N.J.S.A. 18A:34A-2, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.