News
Illinois Strengthens Access to Information and Library Materials With New Legislation
On Monday, June 12, 2023, Illinois Governor JB Pritzker signed into law House Bill 2789, amending the Illinois Library System Act to protect against attempts to ban, remove, or otherwise restrict access to books or other materials from Illinois libraries and library systems.
The bill also requires that libraries and library systems must adopt either the American Library Association’s Library Bill of Rights or develop a written statement prohibiting the practice of banning books or other materials, in order to be eligible for state grants.
HB2789 passed the Illinois House in March and the Senate in May. The new law takes effect January 1, 2024 and is a part of broader state legislation and library policy.
Legislative Activity Increasing Across Country
- Efforts to censor books in schools and public libraries doubled in 2022.
- A record 2,571 unique titles were targeted for censorship, a 38% increase from the 1,858 unique titles targeted for censorship in 2021.
- Of those titles, the vast majority were written by or about members of the LGBTQIA+ community and people of color.
- Of the reported book challenges, 58% targeted books and materials in school libraries, classroom libraries or school curricula; 41% of book challenges targeted materials in public libraries.
“Censorship by the Numbers”
American Library Association (April 20, 2023)
- Last month, a Florida school restricted elementary-aged students on from reading The Hill We Climb, the poem written and recited by Amanda Gorman at Joe Biden’s inauguration as president.
- In April, the Florida Department of of Education announced that they would reject 41 percent of math textbooks submitted by publishers for its K-12 curriculum, claiming that some contained critical race theory (CRT).
“Illinois First U.S. State to Restrict Book Bans in Libraries”
Rolling Stone (June 13, 2023)
- Penguin Random House, a publisher, and PEN America, a free-speech organization, sued a public school district in Florida last month and accused it of violating the First Amendment by removing titles over “their disagreement with the ideas expressed in those books.”
- Other states, including Georgia and Kentucky, have followed suit with laws that could make it easier to lodge complaints about specific books and influence library or education boards.
- A similar anti-book ban bill is making its way through the New Jersey Legislature.
“To Fight Book Bans, Illinois Passes a Ban on Book Bans”
The New York Times (June 13, 2023)
- The Department of Education’s Office for Civil Rights is announcing that to support its ongoing work to defend the rights of LGBTQI+ students and other underserved communities, it will appoint a new coordinator to address the growing threat that book bans pose for the civil rights of students.
- That coordinator will work to provide new trainings for schools nationwide on how book bans that target specific communities and create a hostile school environment may violate federal civil rights laws.
“Fact Sheet: Biden-Harris Administration Announces New Actions to Protect LBGTQI+ Communities”
The White House (June 8, 2023)
- Governor JB Pritzker was joined by Lieutenant Governor Juliana Stratton, Illinois Secretary of State Alexi Giannoulias, advocates, and lawmakers today at the Harold Washington Library to sign legislation outlawing book bans in Illinois.
- This nation-leading legislation comes in the wake of a nationwide rise in extremists targeting literature, libraries, and books in an effort to censor the material students need to thrive in the classroom.
- Targeted books cover a wide range of categories and predominantly consists of stories by and about People of Color and the LGBTQ+ community.
“Gov. Pritzker Signs Bill Making Illinois First State in the Nation to Outlaw Book Bans,”
Illinois.gov Press Release (June 12, 2023)
- Currently, Illinois law does not contain language related to book banning or eligibility for state grants if a library bans items from its collection.
- Last fiscal year, the Illinois Secretary of State’s office awarded 1,631 grants to Illinois libraries totaling more than $62 million.
- Of those, 97% of the grants were awarded to public and school libraries, with public libraries receiving 877 grants and school libraries securing 712 grants.
- In states neighboring Illinois, legislative efforts have been made to remove books from libraries and punish librarians for simply having the wrong book on a shelf.
- In Missouri, lawmakers passed legislation that can jail or fine school librarians who provide students with certain books.
- In Iowa, the governor’s proposed education bill contained measures to remove books from school libraries.
- In Indiana, the Senate passed a measure allowing librarians to be charged with felonies based on materials checked out of school libraries.
- Illinois is taking a different path, working to unite libraries and protect librarians who have come under assault for simply striving to serve the needs of their respective communities.
“First-in-the-Nation Legislation to Prevent Book Bans Signed into Law”
ILSOS.gov Press Release (June 12, 2023)
- Downers Grove Democrat Rep. Anne Stava-Murray sponsored the legislation in the Illinois House of Representatives after a school board in her district was subject to pressure to ban certain content from school libraries.
“‘First of its kind’ Illinois law will penalize libraries that ban books”
ABC News (June 12, 2023)
“Today, Illinois makes history as the first state in our nation to officially end book bans once and for all. We’re showing everyone what it looks like to stand up for liberty. As simple as that. This is the Land of Lincoln. I refuse to let a dangerous strain of white nationalism determine whose histories are told in Illinois. Because what these book bans in libraries really are about is censorship — marginalizing people, ideas, and facts. I want our children to learn our history, warts and all. Read as much as you can. Read different perspectives. Read challenging ideas. And may one of Illinois’ very own pick up a pen to tell their story, so we may find it at our local library right here in our state.“
– Governor JB Pritzker on Twitter (June 12, 2023)
What’s in House Bill 2789?
The bill’s changes, addition, and updates to current legislation are highlighted below:
Public Act 103-0100
HB2789 Enrolled LRB103 29629 AWJ 56025 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Library System Act is amended by
changing Sections 1 and 3 and by adding Section 8.7 as follows:
(75 ILCS 10/1) (from Ch. 81, par. 111)
Sec. 1. Because the state has a financial responsibility
in promoting public education, and because the public library
is a vital agency serving all levels of the educational
process, it is hereby declared to be the policy of the state to
encourage the improvement of free public libraries and to
encourage cooperation among all types of libraries in
promoting the sharing of library resources, including digital
resources. In keeping with this policy, provision is hereby
made for a program of state grants designed to establish,
develop and operate a network of library systems covering the
entire state.
It is further declared to be the policy of the State to
encourage and protect the freedom of libraries and library
systems to acquire materials without external limitation and
to be protected against attempts to ban, remove, or otherwise
restrict access to books or other materials.
(Source: P.A. 83-411.)
(75 ILCS 10/3) (from Ch. 81, par. 113)
Sec. 3. The State Librarian and the Illinois State Library his staff shall administer the provisions of this Act and
shall prescribe such rules and regulations as are necessary to
carry the provisions of this Act into effect.
The rules and regulations established by the State
Librarian for the administration of this Act shall be designed
to achieve the following standards and objectives:
A provide library service for every citizen in the state
by extending library facilities to areas not now served.
B provide library materials for student needs at every
educational level.
C provide adequate library materials to satisfy the
reference and research needs of the people of this state.
D provide an adequate staff of professionally trained
librarians for the state.
E adopt the American Library Association’s Library Bill of
Rights that indicates materials should not be proscribed or
removed because of partisan or doctrinal disapproval or, in
the alternative, develop a written statement declaring the
inherent authority of the library or library system to provide
an adequate collection stock of books and other materials
sufficient in size and varied in kind and subject matter to
satisfy the library needs of the people of this state and
prohibit the practice of banning specific books or resources.
F provide adequate library outlets and facilities
convenient in time and place to serve the people of this state.
G encourage existing and new libraries to develop library
systems serving a sufficiently large population to support
adequate library service at reasonable cost.
H foster the economic and efficient utilization of public
funds.
I promote the full utilization of local pride,
responsibility, initiative and support of library service and
at the same time employ state aid as a supplement to local
support.
The Advisory Committee of the Illinois State Library shall
confer with, advise and make recommendations to the State
Librarian regarding any matter under this Act and particularly
with reference to the formation of library systems.
(Source: Laws 1965, p. 3077.)
(75 ILCS 10/8.7 new)
Sec. 8.7. State grants; book banning. In order to be
eligible for State grants, a library or library system shall
adopt the American Library Association’s Library Bill of
Rights that indicates materials should not be proscribed or
removed because of partisan or doctrinal disapproval or, in
the alternative, develop a written statement prohibiting the
practice of banning books or other materials within the
library or library system.
What is the Library Bill of Rights?
The Library Bill of Rights, managed by the American Library Association, is included below:
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.
I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.
VII. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality in their library use. Libraries should advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information.
Interested in learning more?
Read the ALA’s “Interpretations of the Library Bill of Rights” for additional information.