Assembly Education Committee is scheduled to hear A3446, the so-called “Freedom to Read Act,” on Thursday, June 6. The Bill amends the criminal code to shield educators from being charged with violating the NEW JERSEY CODE OF CRIMINAL JUSTICE LAW 2C:34-3 – Obscenity for Persons Under 18 ____________________________________________________________
Trenton, New Jersey: The New Jersey Family Policy Center (NJFPC) – a pro-family organization that is part of a vibrant national alliance of 40 state policy councils across the nation, launched www.JerseyVotesNo.com on February 5, 2024 to educate the public on the dangers of Senate bill 2421/A3446, the so-called “Freedom to Read Act.”

After massive statewide advocacy efforts expressing opposition, the State Senate pulled Bill S2421 from the Senate Education Committee on February 15, 2024. At that time, Senate bill sponsor, Senator Andrew Zwicker (D-Hillsborough), promised the bill would be reintroduced at the next Senate Education Committee on March 14. The Senate Education Committee held hearings on March 14, May 6, and June 3 without the Bill ever being reintroduced since it failed to be heard in committee back in February.

Assembly version A3346 of the Bill is scheduled to be heard in the Assembly Education Committee on Thursday, June 6, at 10AM. The New Jersey Family Policy Center is urging all New Jerseyans to contact members of the Assembly Education Committee to express their objection to this Bill.

The New Jersey Family Policy Center is alarmed by the potential legal ramifications of the bill and the serious public harm that will result in New Jersey public schools. Four major sweeping changes will take effect if the bill passes:

1. IMMUNITY FOR CRIMINAL ACTS. Teachers, teaching staff, school and public librarians are given “an affirmative defense to a prosecution” for violating NEW JERSEY CODE OF CRIMINAL JUSTICE LAW 2C:34-3 – Obscenity for Persons Under 18 when performing their job duties. The Obscenity statute defines obscenity for persons under eighteen as any depiction of a specified anatomical area or specified sexual activity. Violation of the statute is a crime. This bill would carve out an exemption for certain school employees. Section 13 of S2421/A3446

The New Jersey criminal code, cited in Section 13 of this Bill, legally defines obscene materials as: any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity, including “human genitals in a state of sexual stimulation or arousal; or any act of human masturbation, sexual intercourse or deviate sexual intercourse; or fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.”

2. REMOVE OF LOCAL CONTROL OF SCHOOL BOARDS. The bill lists eight different requirements school boards must adopt “at a minimum” that wields complete decision-making power to librarians and not to administrators, BOEs or parents regarding the age-appropriateness of sexually explicit graphic books. Section 4 of S2421/A3446.

3. SILENCES DISAGREEMENT. Parents and community members are prohibited from expressing their disagreements regarding the decisions made by school librarians and teachers to distribute obscene material as defined in the law. This bill states parents can be held financially liable for court and attorney’s fees for objecting to the actions of librarians and teachers. Section 7 of S2421/A3446.

4. GRANTS ‘PROTECTIVE CLASS STATUS’. The bill gives “protective class status” to library media specialists and teaching staff members (similar to race, religion, national origin, gender, age, disability, etc.) under the New Jersey Law Against Discrimination – preventing local school boards from holding them accountable for distributing obscene sexually explicit materials to children. Section 14 of SS2421/A3446.

“If you value or believe that local control of school districts is important and necessary, you must contact your representatives and tell them to vote NO on this bill which protects the distribution of pornography. The so-called Freedom to Read Act does not promote freedom. It is the State’s control of schools and local libraries. If you disagree, you are guilty of harassment. We will continue to inform and encourage all parents to fight back against this outrageous effort by the State to impose its secular morality by controlling your child’s local public school.”

Karyn White Esq, Pacific Justice Institute

“I am grateful the bill sponsors have recognized and agreed with what parents have been saying all along. There are sexually explicit books currently being distributed to minors that violate our state’s criminal code by meeting the legal criteria for obscene material. Therefore, the bill sponsors are tragically attempting to amend the obscenity statue. This is a moral low point for our state legislature that will further damage their reputation in the eyes of parents.”

Shawn Hyland, Director of Advocacy, New Jersey Family Policy Center

“The New Jersey Family Policy Center is urging all New Jerseyans to contact their legislators by visiting www.JerseyVotesNo.com and completing the Action Alert form.

In addition, exposing the youngest and most vulnerable among us to explicit and obscene material is and should continue to be criminalized. Protecting children has always been the responsibility and duty of adults and the Assembly bill sponsors are egregiously violating that responsibility by introducing this bill. I condemn it in the strongest possible terms.”

Allan Wright, Executive Director, New Jersey Family Policy Center

We urge you to contact the members of the Assembly Education Committee via email and phone every day until June 6, 2024:

Assemblywoman Pamela Lampitt, Chair
aswlampitt@njleg.org, (856) 435-1247

Assemblyman Sterley Stanley, Vice Chair –
asmstanley@njleg.org, (732) 875-3833

Assemblywoman Rosaura Bagolie
aswbagolie@njleg.org, (973) 535-5017

Assemblywoman Dawn Fantasia
aswfantasia@njleg.org, (973) 300-0200

Assemblywoman Michele Matsikoudis
aswmatsikoudis@njleg.org, (908) 679-8889

Assemblywoman Carmen Theresa Morales
aswmorales@njleg.org, (973) 450-0484

Assemblyman Alexander Schnall
asmschnall@njleg.org, (848) 245-9486

Assemblyman Erik Simonsen
asmsimonsen@njleg.org, (609) 778-2012

Assemblywoman Lisa Swain
aswswain@njleg.org, (201) 576-9199

The New Jersey Family Policy Center is requesting Assembly Education Committee Chairwoman, Assemblywoman Pamela Lampitt (D-Voorhees) remove A3446 from the scheduled June 6, 2024, agenda to protect students from obscene materials and restore trust in New Jersey public schools.

Furthermore, NJFPC urges the bill sponsors to withdraw the bill and explain why they believe amending the New Jersey criminal code regarding the distribution of obscene materials to children creates a positive outcome for students and their families.