Understanding Minnesota’s Latest “Banned Books” Law

By Zekriah Chaudhry*

On the heels of “Banned Books Week,” an annual campaign led by the American Library Association that celebrates the freedom to read banned books,¹ Minnesota’s new law² prohibiting book bans in public libraries and schools stands out as a timely and significant step in protecting literary freedom.

Minnesota’s ban on book bans groups it with a small number of states taking legislative action.³ In May, Governor Tim Walz signed the Access to Library Materials and Rights Protection law,⁴ which took effect on August 1. This landmark legislation comes at a crucial time, as the United States faces an unprecedented surge⁵ in attempts to censor and ban books from schools and libraries.

Minnesota’s new law stands out as a comprehensive approach to combating censorship. It prohibits public libraries, university libraries, and libraries in public and charter schools from removing reading materials based solely on the messages or opinions they convey.⁶ But it goes further than just preventing removals. The law mandates that every library develops its own policy for addressing book challenges, ensuring a standardized and fair process across the state.⁷

One of the law’s most significant provisions is the requirement to report challenged books⁸ to the Minnesota Department of Education. This reporting mechanism may provide valuable data on censorship attempts, allowing for better tracking and analysis of trends in book challenges across the state. The law also offers protection for library staff⁹ who adhere to the legislation. This could serve as a key safeguard against government censorship. 

Governor Walz emphasized the importance of this law, stating, “Books are powerful, they open new worlds and expose us to new perspectives. Protecting access to books means protecting access to the information and knowledge that our kids deserve. If you’re banning books, you’re always on the wrong side of history.”¹⁰

Minnesota’s action is part of a broader national conversation about book banning and intellectual freedom. According to the American Library Association (ALA), 2023 saw a record-breaking 1,247 demands to censor library materials, with over 4,240 unique book titles targeted –a staggering 65 percent increase from 2022.¹¹ This surge in censorship attempts has been driven largely by organized conservative groups targeting books about race, history, gender identity, sexuality, and reproductive health.¹²

The impact of these challenges has been particularly severe in some states. Florida and Iowa, for instance, saw about 8,000 book bans between them¹³ in the 2023-24 school year, largely due to newly implemented state laws. In Florida, a law mandates that any book challenged for “sexual conduct” must be removed while under review,¹⁴ leading to widespread temporary removals.

In contrast, Minnesota joins Colorado, Illinois, Washington, Vermont, and Maryland in passing legislation to protect against book bans.¹⁵ These states are taking a stand against a disturbing national trend that threatens to limit access to diverse perspectives and ideas. The books targeted for removal often represent marginalized voices and experiences. Forty-seven percent of the books challenged in 2023 featured diverse voices.¹⁶ Popular targets include award-winning works like Toni Morrison’s “The Bluest Eye” and critically-acclaimed graphic novels like Maia Kobabe’s “Gender Queer.”¹⁷

Minnesota’s law also attempts to draw a distinction between banning books and challenging them. As Minnesota State Librarian Tamara Lee explained, challenging books or requesting a reconsideration process is still supported under the new law.¹⁸ “Everybody does have a right to be heard and communities have a right to voice their opinions and weigh in,” Lee stated.¹⁹ This balanced approach respects community input while safeguarding against censorship.

The importance of this legislation extends beyond just protecting books. As Jessica Kraft, President of the Hennepin County Library Board, pointed out, “I feel very strongly that we should have intellectual freedom in our libraries, that anybody should be able to check out different contents that they’re curious or interested in, and we shouldn’t be limiting that, that our collection should represent our diverse populations, and our diverse communities, and points of view.”²⁰

Minnesota’s law serves as a model for other states grappling with book banning attempts. By providing clear guidelines, protecting library staff, and mandating reporting of challenges, the law creates a framework for defending intellectual freedom that could be adopted elsewhere. As states and courts face this new wave of censorship attempts, laws like Minnesota’s could be one of the leaders on book ban bans.

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* Zekriah Chaudhry, J.D. Candidate, University of St. Thomas School of Law Class of 2025 (Senior Editor).

1. Banned Books Week, Am. Libr. Ass’n, https://www.ala.org/bbooks/banned (last visited Oct. 14, 2024). ↩︎
2. Minn. Stat. § 134.51 (2024). ↩︎
3. Chandelis Duster, States Begin to Push Back on Book Bans – By Banning Them, CNN (June 4, 2024), https://www.cnn.com/2024/06/04/us/states-fight-book-bans-reaj/index.html. ↩︎
4. Katrina Bailey, State Law Prohibiting Book Bans Effective August 1, Minn. Daily (June 3, 2024), https://mndaily.com/284490/city/state-law-prohibiting-book-bans-effective-august-1/. ↩︎
5. Elizabeth Harris, New State Laws Are Fueling a Surge in Book Bans, N.Y. Times (Sept. 23, 2024), https://www.nytimes.com/2024/09/23/books/book-bans-laws.html. ↩︎
6. § 134.51. ↩︎
7. Id. ↩︎
8. Id. ↩︎
9. Bailey, supra note 4. ↩︎
10. Press Release, Off. of Governor Tim Walz & Lieutenant Governor Penny Flanagan, Governor Walz Signs Six Bills into L. (May 17, 2024), https://mn.gov/governor/newsroom/press-releases/#/detail/appId/1/id/624826. ↩︎
11. American Library Association Reports Record Number of Unique Book Titles Challenged in 2023, Am. Libr. Ass’n (Mar. 14, 2024), https://www.ala.org/news/2024/03/american-library-association-reports-record-number-unique-book-titles. ↩︎
12. Censorship by the Numbers, Am. Libr. Ass’n, https://www.ala.org/bbooks/censorship-numbers (last visited Oct. 14, 2024). ↩︎
13. Harris, supra note 5. ↩︎
14. Harris, supra note 5. ↩︎
15. Bailey, supra note 4. ↩︎
16. Censorship by the Numbers, supra note 12. ↩︎
17. Banned and Challenged Books, Hennepin Cnty. Libr., https://hclib.bibliocommons.com/list/share/619268670_hcl_featured/2621377849_banned_and_challenged_books (last visited Oct. 14, 2024). ↩︎
18. Bailey, supra note 4. ↩︎
19. Bailey, supra note 4. ↩︎
20. Bailey, supra note 4. ↩︎