Governor vetos bill aimed at prohibiting obscene books in schools

CONCORD — A bill aimed at prohibiting obscene and sexually explicit content in school was vetoed by Gov. Kelly Ayotte this week.

House Bill 324 also would have created a complaint system for parents who disagree with the content of certain books in school libraries.

In a statement released on Tuesday, Ayotte said state RSA 186:11:IX-c already creates policy allowing an exception to course material based on a parent’s determination. Parents also must be notified two weeks in advance of course materials that involve human sexuality, sexual education, sexual orientation, gender, gender identity and gender expression. And if a parent objects in writing, the state requires an alternative agreed upon by both the school district and the parent.

"Current state law appears to provide a mechanism for parents through their local school district to exercise their rights to ensure their children are not exposed to inappropriate materials,” the statement read. “Therefore, I do not believe the State of New Hampshire needs to, nor should it, engage in the role of addressing questions of literary value and appropriateness, particularly where the system created by House Bill 324 calls for monetary penalties based on subjective standards.”

HB 324 was specifically targeting material in school libraries.

State Rep. Bryan Morse (R-Franklin) voted for the bill, and is not happy with Ayotte’s decision. He said the bill only created due process for books deemed inappropriate, and only then would one be removed.

“She even ran on the promise of protecting kids, and she went around and did the opposite,” he said.

Morse said he and other representatives intend to bring the bill back.

Ayotte also said this bill would create unnecessary litigation, particularly from out-of-state groups. She offered an alternative course of action for the Legislature, to modify the statute, if it is not adequately implemented or enforced.

Amanda Azad, policy director for the ACLU of New Hampshire, expressed gratitude in a release on Tuesday.

“Students, parents, and educators can breathe a sigh of relief that this deeply flawed attempt to ban books and create school censorship in New Hampshire was vetoed today by Governor Ayotte. The ability to engage in discourse, hear diverse perspectives, and pursue knowledge depends on access to books. To live freely is to read freely, and we will continue to fight against any future effort that undermines our freedom to read.”