California 2023-2024 Regular Session

California Senate Bill SB1435

Introduced
2/16/24  
Refer
2/29/24  
Refer
2/29/24  
Refer
3/18/24  
Refer
3/18/24  
Refer
4/3/24  
Refer
4/3/24  
Refer
4/8/24  

Caption

Books and other school materials: obscene matter.

Impact

The introduction of SB 1435 is expected to significantly impact existing laws regarding educational materials. It imposes new responsibilities on local school boards to assess and judge the content of school materials based on contemporary local standards. Moreover, the bill can lead to heightened parental involvement in school curricular decisions, as it empowers them with the legal ability to challenge school content. While supporters argue that this is a necessary measure to protect children from inappropriate materials, some opponents contend that it may lead to a restriction of educational resources and suppress diversity in school libraries.

Summary

Senate Bill 1435, introduced by Senator Ochoa Bogh, aims to enhance the regulation of educational material within California's K-8 public schools by mandating the exclusion of all books and materials considered obscene or harmful. Specifically, the bill focuses on school libraries serving preschool to eighth-grade students, requiring school districts to remove any publications containing material deemed harmful, as defined by the Penal Code. This removal is to be completed by July 31, 2025. Additionally, the bill establishes a framework that allows parents, guardians, or any resident in a school district to request the removal of such materials and provides a mechanism to initiate civil actions if their requests are ignored by the governing board of the school district.

Sentiment

The sentiment surrounding SB 1435 is notably divided. Proponents believe that it protects young students from potentially harmful influences, framing it as a necessary step for safeguarding youth against inappropriate content in libraries. On the flip side, critics argue that the bill could result in censorship, limiting access to a broad range of literature and educational materials that could have literary and educational merit. The discussions reflect an ongoing debate about the balance between protecting children and ensuring access to diverse viewpoints and information.

Contention

Notable points of contention include the definition of 'obscene harmful matter' and how contemporary local standards will be applied in practice. Critics have raised concerns that subjective interpretations of what constitutes harmful content could lead to inconsistent enforcement and arbitrary removals of books. Furthermore, there are worries that this bill could open the door to increased litigations and controversies between parents and school boards, as parents seek to assert their preferences regarding educational materials.

Companion Bills

No companion bills found.

Similar Bills

CA SB1210

Personal rights: obscene materials: attorney’s fees.

CA AB1831

Crimes: child pornography.

RI H5726

Promotes free expression and access of information by prohibiting the censorship of library materials.

RI S0238

Promotes free expression and access of information by prohibiting the censorship of library materials.

ND SB2307

Obscenity control; to provide for a report to the legislative management; and to provide a penalty.

CA SB933

Crimes: child pornography.

IA SF116

A bill for an act relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties.

IA HF51

A bill for an act relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties.