Nevada Democrat introduces proposal to ban book bans
LAS VEGAS (KLAS) — A proposal in the Nevada Legislature would ban school districts and staff from banning books without a court order determining the material is obscene.
Assembly Bill 416 from Democratic Assem. Brittney Miller, who is also chair of the Assembly Judiciary Committee, would prevent a school's governing body 'from limiting access to library materials by pupils under certain circumstances' and create penalties for people who essentially ban items from school libraries.
'Banning book bans is essential to upholding the First Amendment because it protects our fundamental right to free speech and the free exchange of ideas,' Miller said in a statement Monday. 'AB416 will ensure that individuals — not the government — decide what they read, write or think. Book bans silence voices, limit access to diverse perspectives, and suppresses free speech.'
Existing law allows a district attorney or city attorney to file a court order to have a book deemed 'obscene.' A Legislative Counsel digest includes guidance that obscenity related to books involves '[lack of] serious literary artistic, political or scientific value' and the depiction of 'certain sexual acts, excretory functions, sadism or masochism or lewdly exhibits the genitals.'
The proposal would make it a Category E felony to 'threaten or attempt to use any force, intimidation, coercion, violence, restraint or undue influence' to 'prevent a pupil from using or accessing library materials; or induce or compel the board of trustees of a school district, the governing body of a charter school or a school employee to violate' the non-banning provisions.
The law would also make it a Category E felony to 'dox' a school board trustee or employee.
The Clark County School District, Nevada's largest, updated its instruction material policy last December, including a process for challenging books involving a committee.
A hearing was scheduled for April 8.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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