Report: Minnesota Banned Book Bans, So Why Are Books Still Being Pulled From Shelves?

From The Star Tribune:

Two Minnesota schools have been among the national leaders in library book bans the past two years, despite a law here that first banned book bans in 2024.

So, if it’s illegal, how did these books get pulled from shelves?

The law lacks teeth, legal experts say, because it doesn’t lay out enforcement details or potential penalties.

The law prohibits public libraries from banning books based on their messages and ideas. But it lacks enforcement, said Jane Kirtley, professor emerita of media ethics and law at the University of Minnesota.

“The trouble with any kind of law dealing with restrictions on speech is that it’s not self-executing,” she said.

It exists and people are supposed to follow it, but with no stated consequences or enforcement means, it can be violated without punishment, Kirtley said.

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A growing number of states has enacted laws against book bans, said Sarah Lamdan, executive director of the American Library Association’s Office for Intellectual Freedom.

Such laws protect readers’ rights and library workers, she said. About a dozen states have them, with several more considering their own ban ban. Some states have enforcement mechanisms or do things like limit funding when a law is broken, she said.

And while some state laws may lack teeth, they still indicate that a state opposes book banning, said Lynn Oberlander, a partner with the law firm Ballard Spahr. She is also lead counsel in a lawsuit challenging a school district book ban in Florida, representing PEN America, authors, parents and Penguin Random House.

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