In September, The Tennessee Secretary of State issued a letter to all public libraries to “undertake an immediate age-appropriateness review (over the next 60 days) of all materials” in their children’s sections. NCAC is deeply concerned that this order is part of a political pressure campaign that endangers the First Amendment rights of Tennessee communities.
The discretion of government officials to remove library books is particularly limited to ensure the protection of patrons’ First Amendment right to access information and, according to the Supreme Court, “may not be exercised in a narrowly partisan or political manner.” Removing books from the shelves of the public library based on the intent to deny children access to materials that are not “age-appropriate”—an arbitrary and standardless term—exposes Tennessee libraries to constitutional liability.
NCAC has written to the Board of Directors at the Rutherford County Library System prior to their December board meeting to remind them that the First Amendment prevents a library from making viewpoint-based removals and trumps any federal or state law to the contrary.
Read NCAC’s full letter to the Rutherford County Library here:
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