The state of New Jersey is considering a bill, S2421, which would exempt teachers and school librarians from restrictions on distributing or promoting obscene material, even if it’s to children.
2C:34-3. Obscenity For Persons Under 18.
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e. Defenses.
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(3) (a) It is an affirmative defense to a prosecution under subsection b. that the defendant is a teaching staff member, including a school library media specialist, who is engaged in the performance of the person’s duties and complying with the provisions of sections 1 through 7 of P.L. , c. (C. ) (pending before the Legislature as this bill). As used in this paragraph, “teaching staff member” has the meaning set forth in N.J.S.18A:1-1.
(b) It is an affirmative defense to a prosecution under subsection b. that the defendant is a staff member of a public library, including a librarian employed by a public library who is engaged in the performance of the person’s duties and complying with the provisions of sections 8 through 12 of P.L. , c. (C. ) (pending before the Legislature as this bill). As used in this paragraph, “public library” means a library that serves, free of charge, all residents of an area as established pursuant to chapter 33 or chapter 54 of Title 40 of the New Jersey Statutes, and receives financial support, in whole or in part, from public funds; or a library established pursuant to N.J.S.15A:1-1 et seq. and receiving public funds pursuant to R.S.40:54-35.
So, a teacher or public librarian can show kids obscene material that a parent isn’t even legally allowed to share with them!
Oh, it gets worse, though. Not only are the protected from prosecution, this bill would practically make it illegal to complain to teachers or public librarians!
7. (New section) a. A school library media specialist or any other teaching staff member that engages in activities as required by sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be immune from criminal and civil liability arising from good faith actions performed pursuant to the provisions of those sections.
b. (1) A school library media specialist or any other teaching staff member that engages in activities as required by sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall have a civil cause of action for emotional distress, defamation, libel, slander, damage to reputation, or any other relevant tort, against any person who harasses the school library media specialist or any other teaching staff member for complying with the provisions of those sections.
(2) If the school library media specialist or any other teaching staff member that engages in activities as required by sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) is the prevailing party in the civil cause of action, the school library media specialist or teaching staff member shall be entitled to an award of any reasonable attorney’s fees and costs of suit incurred, and any injunctive relief as the court may deem necessary to avoid the defendant’s continued violation.
12. (New section) a. Any staff member of a public library, including a librarian employed by a public library, shall be immune from criminal and civil liability arising from good faith actions performed pursuant to the provisions of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. (1) Any staff member of a public library, including a librarian employed by a public library, shall have a civil cause of action for emotional distress, defamation, libel, slander, damage to reputation, or any other relevant tort, against any person who harasses the staff member for complying with the provisions of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) If the staff member or librarian employed by a public library is the prevailing party in the civil cause of action, the library staff member shall be entitled to an award of any reasonable attorney’s fees and costs of suit incurred, and any injunctive relief as the court may deem necessary to avoid the defendant’s continued violation.
But at least a private business isn’t forced to hire these people in the private sector right?
Wrong. This bill also makes it illegal to hire a former teacher or public librarian for having distributed obcene material to children!
11. It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination:
a. For an employer, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, or because of the refusal of a school library media specialist or teaching staff member to remove library material from a school library except to the extent permitted pursuant to sections 4 and 5 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill), or because of the refusal of any staff member of a public library, including a librarian, to remove library material from a public library except to the extent permitted pursuant to sections 9 and 10 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill), to refuse to hire or employ or to bar or to discharge or require to retire
A little (disturbing) mood music.
The bill, as introduced, can be read here.
Hat Tip: Libs of TikTok.
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