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Authors Guild Applauds New Hampshire Governor for Vetoing Unconstitutional Book Banning Bill HB 324

Person holding homemade sign reading Don't Ban Books in NH!

The Authors Guild commends Governor Kelly Ayotte for doing what the state and federal Constitutions, New Hampshire voters, and sound educational policy demanded: vetoing dangerous legislation that would have transformed parents into censors with veto power over educational materials, threatening the very foundation of democratic education.  

Specifically, HB 324 would require New Hampshire public schools to create complaint procedures allowing all and any parents to object to and potentially remove materials deemed “harmful to minors”—including books, movies, photographs, and other educational content. The bill defined harmful material as anything depicting “nudity, sexual conduct, sexual excitement, or sadomasochistic abuse” in a manner “patently offensive to prevailing standards” and inappropriate for minors’ age levels. HB 324 would have subjected educators, librarians, and even school board members to criminal penalties and monetary fines if any materials were made available to minors that were deemed objectionable under these vague, subjective standards. 

The decision upholds New Hampshire’s tradition of local control and protects the constitutional rights of students and educators from legislative overreach. For authors, this bill would have created a chilling effect on creative expression, as writers would face the prospect of their works being banned based on vague, subjective standards, criteria so broad that it could encompass everything from classic literature to contemporary young adult fiction. The threat of criminal penalties against educators and librarians would have further intimidated those who champion authors’ works, creating an atmosphere of fear that stifles speech. 

Governor Ayotte’s veto demonstrates principled leadership when faced with unconstitutional legislation. Her recognition that “current state law appears to provide a mechanism for parents through their local school district to exercise their rights” reiterates a key point that the Guild and others have made clear: HB 324 was an unnecessary and dangerous overreach that would have violated First Amendment protections while solving no actual problems. 

This veto prevents New Hampshire from repeating the mistakes of legislatures in other states such as Arkansas, which have been blocked by federal courts due to their clear violation of the Constitutional rights to free speech and due process. Governor Ayotte correctly identified that HB 324’s system of “monetary penalties based on subjective standards” was exactly the kind of arbitrary enforcement mechanism that courts consistently strike down. 

The decision also reflects what polling consistently showed: New Hampshire voters opposed this legislative overreach and recognized that this bad policy would have criminalized educators and undermined local control. At a time when New Hampshire struggles to recruit and retain qualified teachers, the last thing schools need is legislation that makes educators fearful of providing students with diverse, age-appropriate educational materials. This veto protects the professional judgment of teachers and librarians while maintaining appropriate avenues for parental input at the local level. 

The Authors Guild will continue monitoring efforts across the country to undermine the freedom to read. We expect elected officials to uphold their constitutional duties, and we’ll continue holding them accountable when they fail to do so.