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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5726 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001273 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO LIBRARIES -- THE FREEDOM TO READ ACT |
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| 16 | 16 | | Introduced By: Representatives Morales, Stewart, Paplauskas, Boylan, Carson, Cotter, |
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| 17 | 17 | | Ajello, Speakman, Handy, and Kislak |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House State Government & Elections |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 29 of the General Laws entitled "LIBRARIES" is hereby amended by 1 |
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| 24 | 24 | | adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 9 3 |
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| 26 | 26 | | THE FREEDOM TO READ ACT 4 |
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| 27 | 27 | | 29-9-1. Short Title. 5 |
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| 28 | 28 | | This chapter shall be known and may be cited as the “The Freedom to Read Act”. 6 |
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| 29 | 29 | | 29-9-2. Statement of policy. 7 |
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| 30 | 30 | | (a) The general assembly hereby declares the following to be the policy of this state that: 8 |
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| 31 | 31 | | (1) That the freedom to read is a human right, constitutionally protected by the First 9 |
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| 32 | 32 | | Amendment to the United States Constitution, and Article 1, Section 21 of the Rhode Island 10 |
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| 33 | 33 | | Constitution, and individuals have the right to free speech, free inquiry and the right to form and 11 |
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| 34 | 34 | | express their own opinions; 12 |
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| 35 | 35 | | (2) Authors, creators, and publishers have a right to communicate their ideas to anyone 13 |
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| 36 | 36 | | who is interested in receiving them. Students and library patrons of all ages have a corresponding 14 |
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| 37 | 37 | | right to encounter them without government interference; 15 |
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| 38 | 38 | | (3) The freedom to read does not require a person to agree with topics or themes within a 16 |
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| 39 | 39 | | material, but instead allows an individual to explore and engage with differing perspectives to form 17 |
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| 40 | 40 | | and inform their own views; 18 |
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| 41 | 41 | | (4) To promote the free expression of and free access to information and the marketplace 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001273 - Page 2 of 11 |
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| 45 | 45 | | of ideas by prohibiting the censorship of library material; 1 |
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| 46 | 46 | | (5) It is the responsibility of government at all levels to protect the freedom to read; and 2 |
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| 47 | 47 | | (6) A librarian is professionally trained to curate and develop age relevant collections 3 |
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| 48 | 48 | | sufficient in size and varied in subject matter to benefit their community. 4 |
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| 49 | 49 | | 29-9-3. Definitions. 5 |
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| 50 | 50 | | As used in this chapter: 6 |
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| 51 | 51 | | (1) “Block” means to prohibit acquiring, maintaining, or displaying a specific work or 7 |
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| 52 | 52 | | subject matter, restricting access to or restricting searchability of works, or to require parental opt-8 |
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| 53 | 53 | | in to access works. 9 |
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| 54 | 54 | | (2) “Censor” or “censorship” means to block library material on the basis of disagreement 10 |
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| 55 | 55 | | with the material’s ideas or concepts including, but not limited to: objections to depictions of race, 11 |
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| 56 | 56 | | gender, sexuality, religious or political views or objections to sexual content that fail to apply the 12 |
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| 57 | 57 | | appropriate criteria set forth by the United States Supreme Court in Miller v. California; specifically 13 |
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| 58 | 58 | | with respect to the population for which the material is made available: 14 |
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| 59 | 59 | | (i) Whether the average person applying contemporary community standards would find 15 |
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| 60 | 60 | | the work, taken as a whole, appeals to the prurient interest; 16 |
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| 61 | 61 | | (ii) Whether the work depicts or describes, in a patently offensive way, sexual conduct 17 |
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| 62 | 62 | | specifically defined by the applicable state law; and 18 |
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| 63 | 63 | | (iii) Whether the work, taken as a whole, lacks serious literary, artistic, political or 19 |
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| 64 | 64 | | scientific value. 20 |
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| 65 | 65 | | (3) “Government actor” means a member of a government body with voting authority. 21 |
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| 66 | 66 | | (4) “Government body” means any government decision-making body or governing body, 22 |
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| 67 | 67 | | such as a library board or school board, that exercises authority over the purchasing, selection, 23 |
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| 68 | 68 | | curation, and location of library materials at the state or municipal levels, including a library board 24 |
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| 69 | 69 | | of trustees as defined in § 29-4-5 and a school committee as defined in § 16-2-9. 25 |
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| 70 | 70 | | (5) “Individual with a vested interest in the public library” means any resident who is 26 |
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| 71 | 71 | | served by the public library and resides in the municipality where the library is situated. 27 |
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| 72 | 72 | | (6) “Individual with a vested interest in the school library” means any teaching staff 28 |
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| 73 | 73 | | member employed by the school district, any parent or guardian of a student enrolled in the school 29 |
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| 74 | 74 | | district at the time the removal form required pursuant to § 29-9-5 is filed, and any student enrolled 30 |
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| 75 | 75 | | in the district at the time the removal form required pursuant to § 29-9-5 is filed. 31 |
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| 76 | 76 | | (7) “Library material” means books, videos, subscription or locally curated databases, 32 |
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| 77 | 77 | | newspapers, magazines and other such periodicals, charts, graphs, movies, games, maps, interactive 33 |
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| 78 | 78 | | applications and software, and other such enrichment or entertainment materials in any printed or 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001273 - Page 3 of 11 |
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| 82 | 82 | | electronic format, inclusive of fiction and non-fiction belonging to, on loan to, or otherwise in the 1 |
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| 83 | 83 | | custody of the public library or other material not required as part of classroom instruction, 2 |
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| 84 | 84 | | belonging to, on loan to, or otherwise in the custody of the school library. 3 |
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| 85 | 85 | | (8) “Librarian” means a professionally trained employee who is responsible for the 4 |
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| 86 | 86 | | purchase, selection, curation, removal, and display of library materials. 5 |
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| 87 | 87 | | (9) “Public library” means an institution that is established or designated by a city or town 6 |
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| 88 | 88 | | and functions as a free public library in accordance with chapter 4 of title 29 to serve a community 7 |
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| 89 | 89 | | or municipality and is supported, in whole or in part, with public funds. 8 |
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| 90 | 90 | | (10) “Reconsideration” means a request to reclassify, move to a different section of the 9 |
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| 91 | 91 | | library, or remove an item in the library's collection. 10 |
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| 92 | 92 | | 29-9-4. Public library collection policy. 11 |
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| 93 | 93 | | (a) In addition to the duties prescribed in § 29-3.1-7, the chief of library services shall 12 |
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| 94 | 94 | | establish a model policy on the curation of library material within a public library. The purpose of 13 |
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| 95 | 95 | | the collection policy is to: provide standards for the selection and curation of library material; 14 |
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| 96 | 96 | | establish criteria for the removal of existing library material; and provide protection against 15 |
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| 97 | 97 | | attempts to censor library material. 16 |
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| 98 | 98 | | (b) The model policy shall, at a minimum: 17 |
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| 99 | 99 | | (1) Recognize that public libraries serve as centers for voluntary inquiry and the 18 |
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| 100 | 100 | | dissemination of information and the marketplace of ideas; 19 |
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| 101 | 101 | | (2) Promote the free expression of and free access to ideas by prohibiting the censorship of 20 |
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| 102 | 102 | | library material; 21 |
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| 103 | 103 | | (3) Acknowledge that library material shall not be removed from a public library because 22 |
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| 104 | 104 | | of the origin, background, or views of the library material or of those contributing to its creation; 23 |
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| 105 | 105 | | (4) Recognize that library material should be provided for the interest, information, and 24 |
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| 106 | 106 | | enlightenment of all people, and should present a wide range of points of view; and 25 |
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| 107 | 107 | | (5) Establish a procedure based on professional standards for a librarian to review and 26 |
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| 108 | 108 | | deaccession library material within a public library on an ongoing basis, which shall include, not 27 |
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| 109 | 109 | | limited to: the library material’s relevance, the condition of the library material, the availability of 28 |
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| 110 | 110 | | duplicates, the availability of more recent material, and the continued demand of the library 29 |
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| 111 | 111 | | material. 30 |
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| 112 | 112 | | (c) The model policy shall be updated as the chief of library services deems necessary. 31 |
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| 113 | 113 | | (d) A governing body of a public library shall adopt the model policy established pursuant 32 |
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| 114 | 114 | | to this section. If a public library has a policy that complies with the requirements of subsection (b) 33 |
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| 115 | 115 | | of this section as of the effective date of this chapter, the library shall not be required to take further 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001273 - Page 4 of 11 |
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| 119 | 119 | | action. 1 |
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| 120 | 120 | | (e) Librarians employed by a public library shall have discretion in selecting, purchasing, 2 |
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| 121 | 121 | | or acquiring library material for inclusion in the public library, following the policy approved by 3 |
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| 122 | 122 | | the governing body of the public library. Nothing in this section shall be construed to require a 4 |
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| 123 | 123 | | librarian to purchase, or otherwise acquire a particular library material for the library. 5 |
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| 124 | 124 | | (f) In addition to the duties prescribed in § 29-3.1-7, the chief of library services shall 6 |
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| 125 | 125 | | establish a model policy creating a procedure regarding a request for reconsideration of library 7 |
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| 126 | 126 | | material in a public library. 8 |
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| 127 | 127 | | (g) The model policy shall, at a minimum require: 9 |
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| 128 | 128 | | (1) The creation of a request for reconsideration form, based on a model form established 10 |
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| 129 | 129 | | by the chief of library services, that may be submitted by an individual with a vested interest in the 11 |
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| 130 | 130 | | public library to initiate the review of specific library material; 12 |
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| 131 | 131 | | (2) An individual with a vested interest in the public library requesting that library material 13 |
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| 132 | 132 | | be reconsidered shall review the material as a whole and not choose selective passages out of 14 |
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| 133 | 133 | | context; 15 |
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| 134 | 134 | | (3) A library material that is the subject of a request for reconsideration shall not be 16 |
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| 135 | 135 | | removed from its location within the library and shall remain available for a resident to reserve, 17 |
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| 136 | 136 | | check out, or access while the material is being reviewed; 18 |
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| 137 | 137 | | (4) The reconsideration process shall include the formal participation of at least one 19 |
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| 138 | 138 | | librarian employed by the public library where the form was submitted; and 20 |
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| 139 | 139 | | (5) An appeals process for any decision made regarding reconsideration in accordance with 21 |
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| 140 | 140 | | the standards established in subsection (b) of this section. 22 |
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| 141 | 141 | | (h) A governing body of a public library shall adopt the model policy established pursuant 23 |
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| 142 | 142 | | to this section. If a public library has a policy that complies with the requirements of subsection (g) 24 |
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| 143 | 143 | | of this section as of the effective date of this chapter, the library shall not be required to take further 25 |
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| 144 | 144 | | action. 26 |
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| 145 | 145 | | (i) A governing body of a public library shall not remove library material from a public 27 |
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| 146 | 146 | | library because of the origin, background, or views of the library material or of those contributing 28 |
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| 147 | 147 | | to its creation, and shall not engage in censorship of library material. A substantive rationale for 29 |
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| 148 | 148 | | blocking, suppressing or removing library material shall be memorialized by the governing body 30 |
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| 149 | 149 | | in writing and made publicly available. 31 |
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| 150 | 150 | | (j) Any staff member of a public library, including a librarian employed by a public library, 32 |
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| 151 | 151 | | shall be immune from civil and criminal liability arising from good faith actions performed 33 |
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| 152 | 152 | | pursuant to this chapter. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001273 - Page 5 of 11 |
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| 156 | 156 | | (k) A government body shall not reduce funding for a public library due to the library's 1 |
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| 157 | 157 | | compliance with the provisions of this section. 2 |
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| 158 | 158 | | 29-9-5. School library collection policy. 3 |
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| 159 | 159 | | (a) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and 4 |
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| 160 | 160 | | secondary education shall establish, in collaboration with the chief of library services, a model 5 |
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| 161 | 161 | | policy on the curation of library material within a school library. The purpose of the collection 6 |
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| 162 | 162 | | policy is to: provide standards for the selection and curation of library material; establish criteria 7 |
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| 163 | 163 | | for the removal of existing school library material; and provide protection against attempts to 8 |
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| 164 | 164 | | censor library material. 9 |
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| 165 | 165 | | (b) The model policy shall, at a minimum: 10 |
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| 166 | 166 | | (1) Recognize that the library material should be provided for the interest, information, and 11 |
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| 167 | 167 | | enlightenment of all students and should present a wide range of points of view in the collection; 12 |
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| 168 | 168 | | (2) Acknowledge that library material shall not be removed from a school library because 13 |
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| 169 | 169 | | of the origin, background, or views of the library material or of those contributing to its creation; 14 |
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| 170 | 170 | | (3) Recognize the importance of school libraries as centers for voluntary inquiry and the 15 |
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| 171 | 171 | | dissemination of information and ideas; 16 |
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| 172 | 172 | | (4) Promote the free expression and free access to ideas by students by prohibiting the 17 |
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| 173 | 173 | | censorship of library materials; 18 |
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| 174 | 174 | | (5) Acknowledge that a certified school librarian is professionally trained to curate and 19 |
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| 175 | 175 | | develop the school library collection that provides students with access to the widest array of 20 |
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| 176 | 176 | | developmentally relevant library material created for the chronological ages and grade levels of 21 |
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| 177 | 177 | | students in the school; and 22 |
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| 178 | 178 | | (6) Establish a procedure based on professional standards for a librarian to review and 23 |
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| 179 | 179 | | deaccession library material within a school library on an ongoing basis, which shall include, not 24 |
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| 180 | 180 | | limited to: the library material’s relevance, the condition of the library material, the availability of 25 |
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| 181 | 181 | | duplicates, the availability of more recent material, and the continued demand of the library 26 |
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| 182 | 182 | | material. 27 |
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| 183 | 183 | | 28 |
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| 184 | 184 | | (c) The model policy shall be updated as the commissioner of elementary and secondary 29 |
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| 185 | 185 | | education and chief of library services deem necessary. 30 |
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| 186 | 186 | | (d) A school committee shall adopt the model policy established pursuant to this section. 31 |
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| 187 | 187 | | If a school district has a policy that complies with the requirements of subsection (b) of this section 32 |
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| 188 | 188 | | as of the effective date of this chapter, the school committee shall not be required to take further 33 |
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| 189 | 189 | | action. 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001273 - Page 6 of 11 |
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| 193 | 193 | | (e) Librarians employed at a school library shall have discretion in selecting, purchasing, 1 |
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| 194 | 194 | | or acquiring library material for inclusion in the school library, following the policy approved by 2 |
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| 195 | 195 | | the school committee. Nothing in this section shall be construed to require a librarian to purchase, 3 |
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| 196 | 196 | | or otherwise acquire a particular library material for a school library. 4 |
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| 197 | 197 | | (f) Nothing in this section shall be construed to restrict a school committee’s authority to 5 |
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| 198 | 198 | | select textbooks and school supplies related to the curriculum. 6 |
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| 199 | 199 | | (g) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and 7 |
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| 200 | 200 | | secondary education shall establish, in collaboration with the chief of library services, a model 8 |
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| 201 | 201 | | policy creating a procedure regarding a request for removal of library material within a school 9 |
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| 202 | 202 | | library. 10 |
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| 203 | 203 | | (h) The model policy shall, at a minimum require: 11 |
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| 204 | 204 | | (1) The creation of a request for removal form, based on a model removal form developed 12 |
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| 205 | 205 | | by the commissioner of elementary and secondary education and chief of library services, that may 13 |
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| 206 | 206 | | be submitted by an individual with a vested interest to the principal of the school in which the 14 |
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| 207 | 207 | | library material is challenged to initiate a review of the material; 15 |
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| 208 | 208 | | (2) An individual with a vested interest in the school library requesting that library material 16 |
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| 209 | 209 | | be reconsidered shall review the material as a whole and not choose selective passages out of 17 |
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| 210 | 210 | | context; 18 |
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| 211 | 211 | | (3) That challenged library material shall not be removed from its location within the 19 |
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| 212 | 212 | | library and shall remain available for a student to reserve, check out, or access while the material 20 |
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| 213 | 213 | | is being reviewed; 21 |
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| 214 | 214 | | (4) The request for removal process shall include the formal participation of at least one 22 |
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| 215 | 215 | | certified librarian employed by the school where the form was submitted; and 23 |
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| 216 | 216 | | (5) An appeals process for any decision made regarding reconsideration in accordance with 24 |
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| 217 | 217 | | the standards established in subsection (b) of this section. 25 |
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| 218 | 218 | | (i) If a school committee has a policy that complies with the requirements of subsection (h) 26 |
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| 219 | 219 | | of this section as of the effective date of this chapter, the school committee shall not be required to 27 |
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| 220 | 220 | | take further action. 28 |
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| 221 | 221 | | (j) A school committee shall not remove library material from a school library because of 29 |
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| 222 | 222 | | the origin, background, or views of the library material or those contributing to its creation, and 30 |
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| 223 | 223 | | shall not engage in censorship of library material. 31 |
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| 224 | 224 | | (k) Any staff member of a school library, including a librarian employed by a school, shall 32 |
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| 225 | 225 | | be immune from civil and criminal liability arising from good faith actions performed pursuant to 33 |
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| 226 | 226 | | this chapter. 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001273 - Page 7 of 11 |
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| 230 | 230 | | 29-9-6. Private right of action. 1 |
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| 231 | 231 | | (a) An anti-censorship claim is established under this section when a government body: 2 |
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| 232 | 232 | | (1) Censors or orders others to censor library materials; or 3 |
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| 233 | 233 | | (2) Imposes discipline, threatens to impose discipline, or terminates a school or library 4 |
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| 234 | 234 | | employee for refusing to censor library materials. 5 |
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| 235 | 235 | | (b) A librarian who has been subjected to discipline, termination, or threats of discipline 6 |
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| 236 | 236 | | or termination for refusing to censor library materials may bring an anti-censorship action in any 7 |
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| 237 | 237 | | court of competent jurisdiction for damages, including punitive damages, and for declaratory and 8 |
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| 238 | 238 | | injunctive relief and such other remedies as may be appropriate against a government body. 9 |
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| 239 | 239 | | (c) A student, or their parent or guardian, may bring an anti-censorship action in any court 10 |
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| 240 | 240 | | of competent jurisdiction for declaratory and injunctive relief and damages against a government 11 |
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| 241 | 241 | | body that enforces censorship of library materials. Damages shall be a minimum of five hundred 12 |
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| 242 | 242 | | dollars ($500) per censored work, but shall not exceed five thousand dollars ($5,000) per censored 13 |
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| 243 | 243 | | work. 14 |
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| 244 | 244 | | (1) Students, or their parents or guardians, may only challenge censorship within a school 15 |
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| 245 | 245 | | they, or their child, attends. 16 |
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| 246 | 246 | | (d) An author, bookseller, or publisher whose library materials have been subjected to 17 |
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| 247 | 247 | | censorship may bring an action in any court of competent jurisdiction for declaratory and injunctive 18 |
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| 248 | 248 | | relief and damages against any government body that enforces censorship of library materials. 19 |
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| 249 | 249 | | Damages shall be a minimum of five hundred dollars ($500) per censored work but shall not exceed 20 |
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| 250 | 250 | | five thousand dollars ($5,000) per censored work. 21 |
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| 251 | 251 | | (e) In any anti-censorship action, the court shall grant a prevailing plaintiff reasonable 22 |
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| 252 | 252 | | attorneys’ fees and related costs, including expert fees. 23 |
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| 253 | 253 | | (f) A government body may not use funds that would otherwise have been used by a library 24 |
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| 254 | 254 | | to pay damages, attorneys’ fees, or other related costs. 25 |
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| 255 | 255 | | (g) With regards to an affirmative defense, a government actor, or member thereof, acting 26 |
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| 256 | 256 | | under direct compulsion from binding state or federal government authority shall not be liable for 27 |
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| 257 | 257 | | censorship. 28 |
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| 258 | 258 | | (h) With regards to a statute of limitations, any action or proceeding to enforce this section 29 |
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| 259 | 259 | | shall be commenced no later than three (3) years after the date on which the violation of this section 30 |
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| 260 | 260 | | is committed. 31 |
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| 261 | 261 | | SECTION 2. Sections 11-31-1 and 11-31-10 of the General Laws in Chapter 11-31 entitled 32 |
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| 262 | 262 | | "Obscene and Objectionable Publications and Shows" are hereby amended to read as follows: 33 |
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| 263 | 263 | | 11-31-1. Circulation of obscene publications and shows. 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001273 - Page 8 of 11 |
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| 267 | 267 | | (a) Every person who willfully or knowingly promotes for the purpose of commercial gain 1 |
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| 268 | 268 | | within the community any show, motion picture, performance, photograph, book, magazine, or 2 |
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| 269 | 269 | | other material which is obscene shall, upon conviction, be punished by a fine of not less than one 3 |
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| 270 | 270 | | hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not 4 |
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| 271 | 271 | | more than two (2) years, or both. 5 |
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| 272 | 272 | | (b) For the purpose of this section: 6 |
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| 273 | 273 | | (1) In determining whether or not a show, motion picture, performance, photograph, book, 7 |
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| 274 | 274 | | magazine, or other material is obscene the trier of the fact must find: 8 |
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| 275 | 275 | | (i) That the average person, applying contemporary community standards, would find that 9 |
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| 276 | 276 | | the work, taken as a whole, appeals to the prurient interest; 10 |
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| 277 | 277 | | (ii) That the work taken as a whole, clearly depicts or describes, in a patently offensive 11 |
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| 278 | 278 | | way, sexual conduct specifically defined by this chapter; and 12 |
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| 279 | 279 | | (iii) That the work, taken as a whole, clearly lacks serious literary, artistic, educational, 13 |
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| 280 | 280 | | political, or scientific value. 14 |
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| 281 | 281 | | (2) “Community standards” means the geographical area of the state of Rhode Island. 15 |
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| 282 | 282 | | (3) “Knowingly” means having knowledge of the character and content of the material or 16 |
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| 283 | 283 | | failure on notice to exercise reasonable inspection which would disclose the content and character 17 |
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| 284 | 284 | | of it. 18 |
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| 285 | 285 | | (4) “Material” means anything tangible which is capable of being used or adapted to arouse 19 |
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| 286 | 286 | | prurient interest through the medium of reading, or observation. 20 |
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| 287 | 287 | | (5) “Patently offensive” means so offensive on its face as to affront current standards of 21 |
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| 288 | 288 | | decency. 22 |
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| 289 | 289 | | (6) “Performance” means any play, motion picture, dance, or other exhibition performed 23 |
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| 290 | 290 | | before an audience. 24 |
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| 291 | 291 | | (7) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, 25 |
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| 292 | 292 | | transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree 26 |
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| 293 | 293 | | to do it for resale. 27 |
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| 294 | 294 | | (8) “Sexual conduct” means: 28 |
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| 295 | 295 | | (i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-29 |
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| 296 | 296 | | genital, anal-genital, or oral-genital intercourse, whether between human beings or between a 30 |
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| 297 | 297 | | human being and an animal. 31 |
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| 298 | 298 | | (ii) Sado-masochistic abuse, meaning flagellation or torture by or upon a person in an act 32 |
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| 299 | 299 | | of apparent sexual stimulation or gratification. 33 |
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| 300 | 300 | | (iii) Masturbation, excretory functions, and lewd exhibitions of the genitals. 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001273 - Page 9 of 11 |
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| 304 | 304 | | (9) “Standards of decency” means community standards of decency. 1 |
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| 305 | 305 | | (c) If any of the depictions and descriptions of sexual conduct described in this section are 2 |
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| 306 | 306 | | declared by a court of competent jurisdiction to be unlawfully included because the depictions or 3 |
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| 307 | 307 | | descriptions are constitutionally protected or for any other reason, that declaration shall not 4 |
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| 308 | 308 | | invalidate this chapter as to other sexual conduct included in this chapter. 5 |
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| 309 | 309 | | 11-31-10. Sale or exhibition to minors of indecent publications, pictures, or articles. 6 |
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| 310 | 310 | | (a) Every person who shall willfully or knowingly engage in the business of selling, 7 |
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| 311 | 311 | | lending, giving away, showing, advertising for sale, or distributing to any person under the age of 8 |
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| 312 | 312 | | eighteen (18) years, has in his or her possession with intent to engage in that business or to 9 |
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| 313 | 313 | | otherwise offer for sale or commercial distribution to any person under the age of eighteen (18) 10 |
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| 314 | 314 | | years, or who shall display at newsstands or any other business establishment frequented by persons 11 |
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| 315 | 315 | | under the age of eighteen (18) years or where persons under the age of eighteen (18) years are or 12 |
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| 316 | 316 | | may be invited as a part of the general public, any motion picture, any still picture, photograph, or 13 |
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| 317 | 317 | | any book, pocket book, pamphlet, or magazine of which the cover or content consists of explicit 14 |
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| 318 | 318 | | representations of “sexual conduct”, “sexual excitement”, “nudity” and which is indecent for 15 |
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| 319 | 319 | | minors or which is predominantly made up of descriptions of “sexual conduct”, “sexual 16 |
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| 320 | 320 | | excitement”, “nudity” and which is indecent, shall, upon conviction, be punished by a fine of not 17 |
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| 321 | 321 | | less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by 18 |
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| 322 | 322 | | imprisonment for not more than two (2) years, or both. 19 |
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| 323 | 323 | | (b) As used in this section, the following words have the following meaning: 20 |
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| 324 | 324 | | (1) “Indecent for minors” means: 21 |
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| 325 | 325 | | (i) Appealing to the prurient interest in sex of minors; 22 |
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| 326 | 326 | | (ii) Patently Taken as a whole is patently offensive to prevailing standards in the adult 23 |
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| 327 | 327 | | community with respect to what is suitable material for minors; and 24 |
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| 328 | 328 | | (iii) Lacking Clearly lacking serious literary, artistic, educational, political, or scientific 25 |
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| 329 | 329 | | value for minors; 26 |
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| 330 | 330 | | (2) “Knowingly” means having knowledge of the character and content of the publication 27 |
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| 331 | 331 | | or failure on notice to exercise reasonable inspection which would disclose its content and 28 |
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| 332 | 332 | | character; 29 |
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| 333 | 333 | | (3) “Nudity” means less than completely and opaquely covered; human genitals, pubic 30 |
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| 334 | 334 | | regions, buttock, and female breast below a point immediately above the top of the areola; 31 |
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| 335 | 335 | | (4) “Sexual conduct” means act of human masturbation, sexual intercourse, sodomy, 32 |
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| 336 | 336 | | fondling, or other erotic touching of human genitals, pubic region, buttock, or female breasts; and 33 |
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| 337 | 337 | | (5) “Sexual excitement” means human genitals in a state of sexual stimulation or arousal. 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC001273 - Page 10 of 11 |
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| 341 | 341 | | SECTION 3. Chapter 11-31 of the General Laws entitled "Obscene and Objectionable 1 |
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| 342 | 342 | | Publications and Shows" is hereby amended by adding thereto the following section: 2 |
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| 343 | 343 | | 11-31-16. Affirmative defense. 3 |
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| 344 | 344 | | (a) It is in the interest of the state to protect the financial resources of libraries and 4 |
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| 345 | 345 | | educational institutions from being expended in litigation and to permit these resources to be used 5 |
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| 346 | 346 | | to the greatest extent possible for fulfilling the essential purpose of libraries and educational 6 |
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| 347 | 347 | | institutions. 7 |
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| 348 | 348 | | (b) In any prosecution arising under §§ 11-31-1 or 11-31-10, shall be an affirmative defense 8 |
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| 349 | 349 | | that the defendant was a bona fide school, museum, or public library, or was a person acting in the 9 |
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| 350 | 350 | | course of employment as an employee or official of such an organization. 10 |
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| 351 | 351 | | (c) If the charges are dismissed or the defendant is acquitted in any prosecution arising 11 |
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| 352 | 352 | | under §§ 11-31-1 or 11-31-10, the defendant, if the affirmative defense established in this section 12 |
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| 353 | 353 | | was asserted, shall be entitled to an award of reasonable attorneys’ fees and costs. 13 |
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| 354 | 354 | | SECTION 4. This act shall take effect upon passage. 14 |
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| 355 | 355 | | ======== |
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| 356 | 356 | | LC001273 |
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| 357 | 357 | | ======== |
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| 358 | 358 | | |
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| 359 | 359 | | |
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| 360 | 360 | | LC001273 - Page 11 of 11 |
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| 361 | 361 | | EXPLANATION |
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| 362 | 362 | | BY THE LEGISLATIVE COUNCIL |
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| 363 | 363 | | OF |
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| 364 | 364 | | A N A C T |
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| 365 | 365 | | RELATING TO LIBRARIES -- THE FREEDOM TO READ ACT |
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| 366 | 366 | | *** |
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| 367 | 367 | | This act would promote the free expression and free access of information by prohibiting 1 |
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| 368 | 368 | | the censorship of library materials. This act would require the creation of a model policy relative 2 |
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| 369 | 369 | | to library material within a public library and school library. 3 |
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| 370 | 370 | | This act would take effect upon passage. 4 |
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| 371 | 371 | | ======== |
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| 372 | 372 | | LC001273 |
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| 373 | 373 | | ======== |
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