It comes after Tennessee’s Republican Secretary of State, Tre Hargett, sent a pair of letters earlier this fall. The first, sent on September 8, said that in order to receive state and federal grants, which run through his office, libraries needed to comply with a Tennessee law banning diversity, equity, and inclusion (DEI) offices from agencies, as well as President Donald Trump’s executive order on “gender ideology,” which effectively ended the federal recognition of transgender and nonbinary individuals.
As the report notes, neither of these orders says anything about library books. However, Hargett argued that compliance with the executive order mandated book bans because it states that “federal funds shall not be used to promote gender ideology.”
Not only do executive orders typically not apply to state and local governments, but the federal funds Tennessee’s libraries receive are not used to purchase books at all. Instead, according to the secretary of state’s website, they “provide all state residents with online access to essential library and information resources, including licensed databases, a statewide library catalog and interlibrary loan system, bibliographic services, and materials for the disadvantaged.”
The Every Library Institute, an advocacy group that supports federal funding for libraries, said that Hargett’s instructions “contain significant errors, likely exceeding the secretary’s authority and reflecting a political agenda rather than a neutral or accurate interpretation of federal or state law.”
“Hargett is setting a dangerous precedent by placing Tennessee’s state and municipal government under the authority of any executive order by any president,” the group continued. “Executive orders are not laws.”
But Crosby and Sims argued: “Even if the executive order did apply to Tennessee local libraries, simply having books with LGBTQ stories and characters does not constitute ‘promoting gender ideology.’ The classic fairytale Little Red Riding Hood involves a wolf eating a little girl, but does not promote violence. Children’s books are stories, not instruction manuals.”
On October 27, Hargett sent another letter, giving libraries 60 days to undertake an “age appropriateness review” of all books in their children’s section to find any books that may be inconsistent either with Tennessee’s age appropriateness law or with Trump’s executive order.
As Ken Paulson, the director of Middle Tennessee University’s Free Speech Center, noted, the age appropriateness law, which was last updated in 2024, “is modeled after obscenity laws and prohibits nudity, excessive violence, and explicit sexuality, hardly the stuff of children’s sections. Further, the law applies to school libraries, not public libraries.”
Though Hargett provided no criteria for how to assess what books would need to be purged, he did provide an example of one he felt violated both orders: Fred Gets Dressed, a 2021 picture book by the New York Times bestselling author Peter Brown. As Popular Information noted:
The book, which was written by a straight, cisgender man, does not feature any LGBTQ characters. Instead it is based on a childhood experience of the author in which he tried on his mother’s clothing and makeup. If a book about a boy trying on his mother’s clothes is the strongest example of “promoting gender ideology” that Hargett could identify, it raises questions about the necessity of the review.
Earlier this month, the state’s Rutherford County Library System, which serves the cities of Smyrna and Murfreesboro, shut down several of its library branches for up to a week to “meet new reporting requirements” from Hargett’s office.
It’s unclear why the Rutherford County system determined it needed to shut down in order to carry out the review, nor has it been made clear whether other library systems will be expected to do the same.
As former librarian Kelly Jensen noted for the blog Book Riot, the Rutherford County system has made its own efforts to ban transgender-friendly books, but backed off from the policy earlier this summer for fear of litigation after a Murfreesboro law branding “homosexuality” as a form of “public indecency” resulted in the city being forced to settle a lawsuit for $500,000.
Kelly wrote that for Rutherford library system’s board, Hargett’s order is “a convenient means of subverting their fears of litigation, which drove them to change their anti-trans book policy earlier this summer. If the directive is from the state, then they ‘have to’ comply. The Tennessee secretary of state is granting permission slips to public library boards to ban away.”
This week, a group of 33 major publishers, library advocacy groups, and free speech and civil rights organizations signed onto a letter to Hargett expressing “profound concern” over its review mandate.
The coalition included PEN America, the American Library Association, the National Coalition Against Censorship, and the transgender rights advocacy organization GLAAD. Major publishing houses also signed on, including Penguin Random House, Macmillan, and Simon & Schuster.
“These types of reviews create immense administrative burdens for library systems and often lead to illegal censorship, which raises liability risks for local communities and the state,” the groups said. “Many libraries, uncertain about the legal and procedural basis for the mandate, have had to redirect limited resources, with some temporarily closing branches to complete these reviews, which are implied to be necessary for future funding.”
“The demands in your letter need immediate clarification, as it is not reasonable to expect libraries to follow directives that would risk violating applicable law, including the US Constitution,” they added. “It is illegal to remove books from public libraries because some people do not like them. This is a well-settled legal principle.”
The Rutherford County Library Alliance, which has challenged municipal anti-LGBTQ+ laws as well as the censorship policies of the library’s own board, said that “we have seen firsthand the concrete harm of the Secretary’s directives—library closures during story time, intimidation of professional librarians, and the breakdown of democratic representation in our public library system.”
“We hope Secretary Hargett will fulfill their duty to promote library development by supporting our constitutionally-guaranteed rights and our highly trained librarians,” the alliance added, “rather than enabling censorship from 0.001% of our community for 100% of our community.”
