New Delaware laws shield LGBTQ+ books and free expression

Delaware has enacted sweeping legislation safeguarding intellectual freedom and bolstering protections against retaliatory lawsuits targeting public expression. Governor Matt Meyer signed into law two key bills aimed at preventing ideologically driven book bans in public and school libraries, and expanding legal safeguards for individuals exercising their First Amendment rights.

During a signing ceremony at Joseph E. Johnson Elementary, Gov. Meyer emphasized the importance of diverse and inclusive library collections, stating, "It's important that these kids see books that speak to them and that make them feel good about who they are and who they aspire to be... Our libraries have the potential to empower the next generation of Delawareans to think critically, to ask important questions and grow into the type of empathetic citizens and leaders we want them to be, and that's not going to happen if we isolate or exclude certain texts or ideas from our public spaces."

The "Freedom to Read Act" prohibits the removal of books from libraries based on identity, ideology, or religion. The legislation, which garnered bipartisan support, establishes a standardized process for reviewing challenges to library materials, ensuring that books remain accessible to the public during the review period.

As reported by Delaware Public Media, the Delaware State Education Association (DSEA) President Stephanie Ingram highlighted the national surge in book bans targeting marginalized communities, particularly LGBTQ+ individuals and people of color. "The Freedom to Read Act creates a simple, fair, and uniform process that all of our libraries can follow to safely cultivate and nurture their collections, free from the influence of manufactured controversies and political partisanship,” Ingram said.

Delaware's Education Secretary Cindy Marten connected the legislation to broader efforts to address literacy challenges in the state, stating, "Banning books is highly unproductive in addressing our literacy crisis holistically, systemically and systematically... we know what to do to address literacy, and this takes us one step forward."

In addition to the "Freedom to Read Act," Gov. Meyer signed the Uniform Public Expression Protection Act, strengthening protections against Strategic Lawsuits Against Public Participation (SLAPPs). These lawsuits, often disguised as defamation or nuisance claims, are intended to silence constitutionally protected speech and can impose significant financial burdens on defendants.

State Sen. Spiros Mantzavinos, the bill's sponsor, emphasized the bipartisan consensus supporting free speech, noting the unanimous passage of the bill in both legislative chambers. "Free speech is important, free speech needs to be protected," Sen. Mantzavinos said.

Delaware joins a growing number of states adopting similar legislation to safeguard free expression and prevent censorship.