New law creates state-level library committee

A bill creating a state-level school library review committee and another protecting First Amendment rights without legal retaliation were signed into law Sept. 15.

Now law, House Bill 119 creates a School Library Review Committee comprising seven state-level designees, including the secretary of the Department of Education, the state librarian, and other representatives from library and educator associations.

The law seeks to protect reading material and resources from “partisan, ideological and religious disapproval.”

Libraries are required to adopt a library collection policy on what to do if someone objects to library material, and the books or resources must remain available during a review period. The same goes for school libraries.

Anyone objecting to questionable material could appeal, first to a school board or similar entity, and then to the School Library Review Committee for a final appeal if needed.

A second bill signed into law was written in response to a low score Delaware received from the Institute for Free Speech, which said Delaware’s existing law for legal retaliation against groups expressing their First Amendment rights was poor.

“The act protects the public’s right to engage in activities protected by the First Amendment without abusive, expensive legal retaliation,” the legislation reads. “Specifically, the act combats the problem of strategic lawsuits against public participation, also called ‘SLAPPs.’”

Examples of SLAPPs include lawsuits in the past that have been filed by energy companies against Greenpeace, or wealthy businessmen or public officials against several European journalists reporting on oligarchs or corruption. The Delaware law contains no example of a SLAPP filed against a Delaware journalist or group.

According to Delaware’s new law, a SLAPP may come in the form of defamation, invasion of privacy, nuisance or other claim, but its real goal is to entangle the defendant of a SLAPP in expensive litigation and stifle the ability to engage in constitutionally protected activities. 

Gov. Matt Meyer said in a statement that the new laws are needed for freedom of expression and access to diverse ideas.

“These bills protect Delawareans’ voices – whether it’s standing up to powerful interests or ensuring our libraries remain places where every child can explore, learn and see themselves reflected in the stories they read. “These laws will help us raise a generation of critical thinkers and empathetic leaders, because our communities are stronger when we engage with ideas, not erase them," he said.