Reconsideration of Materials

MLD Statement on Updated Collection Development Policy and HB 710

The Meridian Library District is committed to upholding the rights of District library users to freely access quality materials that inform, educate, enlighten, and encourage critical thinking. MLD's revised Collection Development Policy, which includes the Library Bill of Rights and the Freedom to Read Statement, all embody this commitment.

In April 2024, the Idaho legislature passed House Bill 710, the “Children’s School and Library Protection Act^[4],” which established Idaho Code § 18-1517B, effective July 1, 2024. The Act provides a private cause of action against the District by a minor who obtains material, or parent or legal guardian whose minor child obtained material, in violation of Idaho Code § 18-1517B, if the three following elements have been met:

1. The District gave or made available material harmful to minors, or the District failed to take reasonable steps to restrict access by minors to material harmful to minors;
2. Prior to filing the cause of action, the minor, parent, or legal guardian has provided written notice to the District asking for the relocation of such material to a section designated for adults only within sixty (60) days of receipt of the written notice; and
3. Upon receipt of written notice and subsequent to the expiration of sixty (60) days, the District Board failed to relocate the material harmful to minors to an area with adult access only.

Additionally, the Act provides a county prosecuting attorney or the attorney general a cause of action for injunctive relief against any school or public library that violates the provisions of Idaho Code § 18-1517B(2).

MLD and libraries across the state of Idaho have steadfastly maintained that they do not have materials in their collections that are harmful to minors. Libraries seek to provide educational, informational, and recreational resources to kids and adults that help them better understand themselves and the world, not to cause harm.

The burden is on the censor to prove that specific material meets the definition of “material harmful to minors.” The Board will fairly and impartially adjudicate claims that materials in the collection meet the statutory definition of “material harmful to minors” but will apply the statutory definition closely to ensure access to protected speech is not illegitimately restricted. Adequate procedural safeguards, including judicial determinations, are necessary to ensure protected speech is not infringed.

The Collection Development Policy details who can request the reconsideration of materials that MLD makes available, the options for doing so, and the procedures the Board will take to review such requests. In addition to requests for reconsideration of materials based on the allegation that such materials are harmful to minors, patrons may also submit a request for reconsideration of materials that they do not believe otherwise meet the criteria in this Collection Development Policy.

Collection Development Policy

Collection Development Policy and Request for Reconsideration of Materials Form (PDF)