Summary of Bill SB 701 (Session 114) — Tennessee
Title: Libraries — Freedom to Read Act; related amendments to TCA Titles 10 and 49
Status and scope:
- Introduced as House Bill 715 / Senate Bill 701 by Jones/Kyle.
- Purpose: Prohibit public libraries, school libraries, and library services at public higher education institutions from banning, removing, or restricting access to books or other materials solely on the basis of viewpoint or the messages, ideas, or opinions conveyed.
- Effective date: July 1, 2025.
Key purpose and intent:
- Establishes a right to access materials in public libraries and certain education library settings without discrimination based on the content’s viewpoint.
- Creates a framework to balance access with legitimate limits (practical, pedagogical, and legal compliance).
Main provisions and changes:
1. New statutory framework: The “Freedom to Read Act” (10-3-201, et seq.)
- Defines:
- Governing body: The group that oversees operations, budget, policies, and administration of a public library.
- Materials: A broad scope including books, periodicals, films, microfilm, digital content, videogames, apps, and subscription content.
- Public library: Includes city/county libraries, school libraries (operated by local boards of education or public charter school governing bodies), and libraries operated by public higher education institutions. Excludes certain specialized libraries (e.g., law, medical) serving a narrow audience.
- Core prohibition (10-3-203(a)):
- Public libraries may not ban, remove, or restrict access to a book/material solely due to its viewpoint or the ideas/opinions expressed, with limited authorized exceptions.
- Authorized exceptions (10-3-203(b)):
- Practical reasons: shelf space, rarity/antiquarian status, damage, obsolescence.
- Legitimate pedagogical concerns: appropriateness for intended audience, curated collection considerations, potential disruption of school work or discipline.
- Legal compliance: adherence to state or federal law.
- Employee protection (10-3-204):
- Governing bodies and public bodies with library personnel authority may not discriminate against or discipline employees for complying with the Act.
- Materials policy requirement (10-3-205):
- Governing bodies must adopt a formal policy for selection, challenges, and reconsideration of materials, aligned with the Act.
- Policy must designate qualified administrators/reviewers to conduct processes (certified librarian, state library coordinator, MLIS holder, or other trained professionals).
- Reporting of challenges/reconsiderations (post-process): The governing body must report to the Tennessee State Library Coordinator (TSLC) with material identifiers, hearing details, outcome, and contact points for questions.
2. Repeal of related provisions (Title 49, Chapter 6, Part 38)
- The entire Part 38 proposal within the Age-Appropriate Materials Act of 2022 would be deleted.
- Removes the authority of the State Textbook and Instructional Materials Quality Commission to issue guidance, assist LEAs/charter schools with material evaluation, establish appeal timelines, and evaluate material appropriateness.
- Implication: Consolidates or reorients administration of materials review away from that Commission; the new framework shifts responsibilities to local governing bodies with public library oversight and TSLC reporting.
3. Administrative and reporting requirements
- Governing bodies must report content challenges/reconsiderations to TSLC, including material details, hearings, outcomes, and contact information.
4. Effective date and practical implementation
- Takes effect July 1, 2025, aligning with the statutory calendar and transition from prior frameworks.
Potential impact and considerations:
- Aims to protect broad access to information in libraries while permitting targeted, policy-based limits when justified (practical, pedagogical, or legal compliance).
- Reduces potential for viewpoint-based censorship of library materials and provides a formal process for challenges and reconsiderations.
- Shifts some oversight and guidance away from the former Age-Appropriate Materials Act framework and the State Textbook/Instructional Materials Commission toward local governance and TSLC coordination.
- Fiscal note indicates "Not Significant" impact; libraries can implement policies with existing staff and resources, though data submission to TSLC is required.
Who is affected:
- Public libraries (city/county), school libraries, and libraries operated by public higher education institutions.
- Governing bodies that oversee these libraries and their staff.
- Library staff involved in collection development and challenges/reconsideration processes.
Procedural timeline:
- 2025: Upcoming effective date of July 1, 2025.
- Ongoing: Required adoption of materials selection/review policies and annual or periodic reporting of content challenges to TSLC.
