NC GOP bill would allow school librarians to be charged over books ‘harmful to minors’
Wide-ranging legislation filed Monday by North Carolina Republican lawmakers would make it easier to prosecute librarians on obscenity charges, restrict what books can be in school libraries and change how sex education is taught.
Under House Bill 595, public school libraries would be prohibited from having library books that “contains material that is harmful to minors,” as defined by state law. The legislation also removes language that had exempted employees of schools and public libraries who are carrying out their duties from being charged with disseminating harmful materials to minors, which is a Class 1 misdemeanor if found guilty.
“This is, I think, just one more way to get us into doing what they want us to do out of fear of what could happen if we don’t,” Faith Huff, president of the N.C. School Library Media Association, said in an interview Monday with The News & Observer.
Similar legislation that was proposed in 2023 was pulled before a legislative committee could discuss the bill. Groups such as the N.C. Values Coalition and Moms for Liberty have been seeking legislation to subject public schools to the state’s obscenity laws.
“HB 595 gives back to parents their right to oversee the upbringing and education of their children, by rooting out obscenity, requiring teaching materials to be age-appropriate, requiring parental consent for sex education and other instruction, and adopting criteria for all school districts for the selection of appropriate library books,” Tami Fitzgerald, executive director of the N.C. Values Coalition, said in a statement Monday.
The bill’s primary sponsors are Rep. John Torbett, a Gaston County Republican, and Rep. Hugh Blackwell, a Burke County Republican. Neither lawmaker returned email or phone messages Monday from The N&O requesting comment on the legislation.
Definition of ‘harmful to minors’
The “Parental Rights for Curriculum and Books” bill says “no library book shall be used if the book contains material that is harmful to minors.” The state law it cites defines harmful to minors as having these characteristics:
▪ The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and
▪ The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
▪ The material or performance lacks serious literary, artistic, political, or scientific value for minors.
Speakers have shown up at school board meetings across the state and nation to read excerpts from books that they say are too sexually explicit to be in school libraries. Many of the targeted books feature LGBTQ+ themes and characters.
“We thank Representatives Torbett and Blackwell for filing this much-needed legislation that will protect children from inappropriate and obscene materials in public schools,” Fitzgerald said.
‘Criminalization’ of librarians
April marks National School Library Month.
The bill asks for a lot of what school librarians already do, according to Huff of the N.C. School Library Media Association. Huff said schools already seek out parental input when acquiring new books and that librarians try to pick books that are developmentally appropriate for their students.
But Huff said the “criminalization piece” of the bill is what gives her and other school librarians anxiety. She said librarians may hesitate to recommend some books now because it’s vague what would be considered harmful to minors.
“I think it will lead to a lot of self-censorship,” Huff said. “So librarians, I don’t think, will try to buy books that they may think would fall under this category in order to prevent something happening.”
Huff pointed out that North Carolina school librarians have teaching licenses and a master’s degree.
“It really just speaks more to that they think we aren’t qualified to do our jobs, whether that be classroom teachers or school librarians,” Huff said..
Changes in sex ed, library access, book fairs
Other items in the bill include:
▪ Prohibiting instruction on gender identity, sexual activity, or sexuality in kindergarten through sixth grade. This comes after the Parents’ Bill of Rights law passed in 2023 banned it in grades K-4.
▪ Requiring students in grades 7 through 12 to get prior written parental permission before receiving instruction on gender identity, sexual activity or sexuality.
▪ Requiring schools to get parental permission for students to take sex education. Currently, students take it unless their parents opt them out.
▪ Requiring school boards and charter schools to approve use of any school library book that receives at least 10 written objections.
▪ Any school board member could request that the board have a public vote on any library book before it’s selected.
▪ The names of books being considered for school libraries have to be listed on the school website to allow time for public comment.
▪ School library books would be designated as appropriate for elementary school, middle school or high school grades. Students wouldn’t be allowed to check out a book that’s beyond their school level.
▪ Prior to any school book fair, the principal must have someone review the materials to see that they’re appropriate.
▪ Public libraries shall place library books containing material harmful to minors in an age-restricted portion of the library that is accessible only to those 18 years of age and older.
This story was originally published March 31, 2025 at 11:48 AM with the headline "NC GOP bill would allow school librarians to be charged over books ‘harmful to minors’."
