By: Michael Achterling and Amy Dalrymple (ND Monitor)
North Dakota Gov. Kelly Armstrong vetoed a library content bill, calling it “a misguided attempt to legislate morality through overreach and censorship.”
The Republican said in a veto message Wednesday that Senate Bill 2307 is redundant with legislation approved two years ago and is overly burdensome for librarians, school districts and state’s attorneys.
“The bill imposes vague and punitive burdens on professionals and opens the door to a host of unintended and damaging consequences for our communities,” Armstrong said.
The bill narrowly passed the Senate and the House, making it unlikely that lawmakers would have enough votes to override the veto.
The bill, sponsored by Sen. Keith Boehm, R-Mandan, sought to require school and public libraries to remove content deemed “sexually explicit” to areas not easily accessible to children. It also proposed that local state’s attorneys would investigate and prosecute violations, and state funds could be withheld from schools or libraries in violation.
The state estimated it would cost $2 million in the first four years to implement the bill by adding an age-verification system for an online database used by North Dakota libraries. Local state’s attorneys and libraries would likely see additional costs, according to testimony on the bill.
Armstrong called the process in the bill “completely unworkable.” He raised concerns about books such as “The Diary of a Young Girl” by Anne Frank, “The Kite Runner” and “1984” as other books that have been targeted by obscenity laws.
“I don’t pretend to know what the next literary masterpiece is going to be,” Armstrong wrote. “But I know that I want it available in a library.”
About 1,000 people participated in silent protests at 17 libraries around the state in March to show their opposition to the bill.
More than 2,000 people sent Armstrong messages urging him to veto the bill through an action alert by Right to Read ND, a nonpartisan group that opposed the bill. The group argued that the bill is unnecessary, expensive and violates First Amendment rights.
“This veto protects teachers and librarians in North Dakota from frivolous lawsuits and ensures they can continue to provide quality library services to their local communities,” said Randi Monley and Mariah Ralston, Right to Read ND co-chairs, in a joint statement. “We hope the North Dakota Legislature will also listen to their constituents’ concerns and sustain the governor’s veto.”
Opponents also said libraries already have local review processes for content that is challenged.
During hearings on the bill, supporters pointed to examples of books that were challenged at local libraries but not removed. Rep. Mike Brandenburg, R-Edgeley, said his constituents wanted lawmakers to take action on library content, citing a book from the “Heartstopper” LGBTQ+ graphic novel series that some parents objected to in the Forman school library.
Former Gov. Doug Burgum vetoed a similar library content bill in the 2023 legislative session, but signed another one that required sexually explicit content to be removed from children’s sections.
Lawmakers would need 32 votes in the Senate and 63 votes in the House to override Armstrong’s veto. The bill passed on a 27-20 vote in the Senate and 49-45 vote in the House.
