Malden legislators and Massachusetts Legislature protect free expression and guard against politically motivated book bans

Recently, State Senator Jason Lewis and State Representatives Paul Donato, Steven Ultrino and Kate Lipper-Garabedian joined their colleagues in the Massachusetts Legislature to protect freedom of thought and expression in Massachusetts schools and public libraries and safeguard open access to books and other educational materials. On July 31, 2026, the Legislature enacted An Act regarding free expression (also called The Freedom to Read Act). On August 10, Governor Maura Healey signed it into law as Chapter 189 of the Acts of 2026. As schools and public libraries nationally are increasingly faced with politically charged debates over banning access to particular library books, Chapter 189 creates clear guidelines for how schools and libraries decide which books to make available and how local leaders determine whether a book is appropriate or should be removed from the shelf.

“In our increasingly polarized society, protecting freedom of expression and the right to read are of paramount importance,” said Senator Lewis. “Malicious and politically motivated book bans are being used to silence the voices and stories of diverse and underrepresented authors in our communities, but this new law establishes clear policies and transparent review processes to defend literature and freedom of thought from political attacks.”

“The Freedom to Read Act is an important piece of legislation my colleagues and I passed to ensure public libraries and schools have the right to decide which books should be made available,” said Representative Donato. “The formal processes this bill establishes, guarantees these educational centers are filled with age appropriate and informative materials chosen by a professional (i.e., teacher or librarian) while also allowing a gateway to remove books that might be in question.”

“As an educator, I know how important it is for students to have access to a wide range of ideas and perspectives,” said Representative Ultrino. “This legislation provides clear objective standards to help schools and libraries make thoughtful, responsible decisions about the materials they provide.”

“At a time when the federal government and other states attempt to abandon truth and limit speech, Massachusetts is standing up for facts and faces at risk of erasure,” said Representative Lipper-Garabedian. “We know what recent attempts to ban books are about. They’re targeting marginalized communities, including LGBTQ+ people and communities of color; they’re challenging themes of racial justice; and they’re rejecting the uncomfortable truths of our nation’s history. In the last school year alone, there were nearly 70,000 book bans in schools across almost half of the United States, including uncontested American masterpieces like To Kill a Mockingbird and The Catcher [in] the Rye. This legislation makes sure that school library materials are age-appropriate, serve an educational purpose, and are chosen based on a librarian’s professional training. We make sure that our students otherwise have access to literature and information that speaks to them and connects them to the broader world. It is crucial that we empower our young people to explore and learn about the beautiful diversity in each and every one of our communities.”

Highlights of the free expression legislation:

• Setting clear standards for school library materials by requiring that materials be age-appropriate, serve an educational purpose and be chosen based on a teacher or employee’s professional training — leaving aside any of their own personal, political or doctrinal views that could affect whether or not they place the book on the shelf. The law also requires that all school districts adopt their own policies on how to select library materials — aligning with American Library Association standards.
• Setting a threshold for removing books by establishing a clear process for challenging school library materials that can only be initiated by school staff, parents or guardians, and students, and that leaves the book in question on the shelf until an official ruling. The process requires a public hearing, an inspection by a review committee of local school personnel and a vote by the local school committee before removing a book. A student, parent or guardian can contest a school committee’s decision to remove library materials by challenging the decision in court.
• Offering assistance to municipal public libraries by directing the Board of Library Commissioners to provide resources to assist local public libraries in developing policies that cover the selection and use of library materials, the development of library collections and the process to respond to any challenges to remove or restrict access to books and other materials. The law requires policies to include a statement that library materials shall not be selected, proscribed or removed based on personal, political or doctrinal disapproval or bias.
• Providing opportunities for appeals by allowing authors, creators and residents of a city or town to appeal decisions to remove materials from a municipality’s local public library through Superior Court
• Protecting librarians acting in good faith from professional, civil or criminal penalties based on their selection of library materials, provided that the decision was made in good faith and in accordance with local policies
• Collecting data from school and public libraries to track book challenges and their outcomes at the state level