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TIME SENSITIVE - CALL TO ACTION on AB1825


PRAYER & FAITH IN ACTION!!  

CALL, EMAIL, CONTACT the ED. Committee members:  

The hearing is TOMORROW, 4/10 Wed. @ 1 pm (AB1825 is the first bill to be heard). 


1.      CALL –  1) Chair of the Ed. Committee, Al Muratsuchi at (916) 319-2066   

              2) Education Committee Main number: (916) 319-2087

2.      EMAIL - bryan.singh@asm.ca.gov - Muratuschi's staffer. 

3.      CONTACT Education Committee Members: For Select Issue: you can select either "Support or Oppose Legislation" OR “Education Issue”



This bill will change throughout the legislative session. We need to start fighting the seemingly innocuous bills from the get-go because we know their game.   Opposition matters.  It takes work to stop the bills, and it takes voices. 

Bill Title: California Freedom to Read Act.

Bill Sponsors:  

Author:             Al Muratsuchi [DEM]   

Co-Authors:     Sen. Dave Min [DEM], Asm. Chris Ward [DEM]  

 

 

Why we oppose Assembly Bill - AB 1825


"This bill as written is confusing, vague and ambiguous, and is in need of some redrafting. This bill’s preamble references public school libraries, unified school districts, and union high school public libraries demonstrating that this bill will not merely affect what one normally considers a public library.

 

Additionally, the reimbursements for costs reference school districts.

The conflation of school library and public library is an overt signal where the authors are trying to ultimately land, and may actually achieve with the loose language should this bill pass. The language of the bill is not clear and as of this writing, there is no published analysis that would clarify the true intent of the bill.

 

If this bill is not affecting school libraries any reference to schools needs to be removed. To the extent this bill is taking control over school boards’ ability to choose which books it both purchase (or accepts) and retains in its libraries, parent groups across the state will start protesting against this piece of litigation. We will encourage school boards to file suit against the state for undermining local control.

 

Additionally, the bill also fails to distinguish between how this law will affect “co-located libraries” which are defined under Cal. Code Regulations tit. 5 § 20430(k), as a library that houses both a public library and public-school library. The standard for obscene materials differs between adults and minors, and schools are granted wide latitude to determine which materials to acquire for school libraries as stated by the plurality decision in Board of Education v. Pico (1982) 457 U.S. 853. The court in that case distinguishes between First Amendment rights vis-à-vis elementary and secondary school libraries, and public libraries, with greater rights at public libraries, recognizing local control of school boards in determining which books to select based upon community standards of appropriateness and maturation of students. The plurality also opined that schools are provided more discretion in acquisition as opposed to removal, but it is notable that many of the dissenting and joining Supreme Justices took issue with this distinction opining that the power to refuse to purchase is equal to the power to remove offending books.

 

Based upon the foregoing, we request that the author remove all references to school libraries, unified school district and union high school district libraries in the bill, and exclude any “co-located libraries” from the bill.

 

Below is our requested revisions to the language of the bill as existing on April 4, 2024. Our changes are highlighted in yellow to distinguish them from the most recent amendments and revisions to the bill."

– By Our Duty: Attorney, Erin Friday -


 




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