Bill to prohibit 'obscene' or 'sexually explicit' content awaits governor's signature

CONCORD — A new bill which aims to prohibit obscene and sexually explicit content in schools has already passed both the House and the Senate, and is currently awaiting Gov. Kelly Ayotte’s signature. 

House Bill 324, if approved, would go into affect on Jan. 1, 2026.

The bill would require schools to create an adequate complaint system policy for parents who disagree with the content of certain books in school libraries. Rep. Glenn Cordelli (R-Tuftonboro) is the primary sponsor of this bill. He said he proposed this legislation after hearing from a variety of parents.

“I think it's necessary to make sure that parents have the ability to go to their school district and voice objections to materials they think that are harmful to minors and age inappropriate,” Cordelli said.

When a parent or guardian makes a complaint, it is currently at the discretion of the school principal to determine whether the book stays or goes. The bill would allow appeals to be made to the local school board. If the person who filed the appeal disagrees with the school board, it then goes to the state Board of Education for a final decision.

ACLU of New Hampshire Policy Director Amanda Azad opposes the bill. She considers it a “book ban” that would impose viewpoint discrimination, particularly due to the vague nature of what is designated as harmful.

One book Cordelli has spoken against is "The Perks of Being a Wallflower" by Stephen Chbosky. While he only read sections of this book, that content concerned him. Azad suggested he read the whole book.

“It's a profound book that covers all types of high school experiences, and it's many people's favorite book,” Azad said. “Are we talking about banning that book? Because that would be shocking if we banned 'The Perks of Being a Wallflower' in New Hampshire.”

Cordelli said the bill requires books to be judged for their entire content, so if most people making decisions see the net gain of a book, it stays.

Anyone who violates the terms of the bill could face a civil action in the superior court. Cordelli said HB 324 removes an exemption for K-12 education in criminal obscenity statutes. After conversations with New Hampshire Attorney General John Formella, Cordelli suspects violations would rarely play out in court.

“They would not be exempt from criminal statutes if that ever came to a court case, which is doubtful,” Cordelli said.

Azad finds this problematic. An ACLU press release states the bill will have a chilling effect on teachers and libraries providing educational content.

“Not only is this bill vague, but HB 324 specifically gives the state Board of Education — not our local communities — the final say on whether books should be pulled from school library shelves. The end result, if enacted, will be the use of this bill as a tool to scare teachers and librarians out of recommending or even offering books to others that they do not like."

There are two statutes already limiting obscene or sexual content in schools for minors. One is RSA 571, which makes it illegal to knowingly give, sell, loan or provide, with or without monetary consideration, such content to a minor. The other is RSA 186, which establishes objectionable material policies for coursework used in the instruction of human sexuality or sexual education. Cordelli said his bill specifically prohibits this content in school libraries.

Cordelli said the bill is far from a book ban.

“Books are not banned. They can be removed or moved to a different grade level by the school board, as laid out in the legislation. That doesn't mean that the book would be removed from public libraries in the town or parents could not buy the book online if they so choose,” he said. “It is basically opposition propaganda to call it a book ban.”

Representatives of the ACLU, along with advocates, educators, students and community members, gathered outside Ayotte’s office on June 26, to protest the bill and advocate for a veto. Participants were part of a "read-in," reading mostly books which have been banned in various ways throughout the country. They also provided copies for Ayotte to read herself.

Veto advocates fear the bill will have a disproportionately negative affect on students who identify as LGBTQ+ and students of color. In a press release about the event, Christina Pretorius, education justice campaign director for Engage NH, encouraged Ayotte to veto the bill.

“Gov. Kelly Ayotte campaigned on keeping New Hampshire’s 'best-in-class' public schools for Granite State families. Censorship and book bans would take us backwards. Parents and voters across the state are holding her to that promise and calling on her to veto HB 324 to keep New Hampshire free to learn and free to read.”