Veto SB434 Message to NH Governor Ayotte
EveryLibrary, Authors Against Book Bans NH, and the American Booksellers Associaiton today sent a letter to New Hampshire Governor Ayotte asking her to veto SB434, a bill that would make it much easier to ban books in NH school libraries. It is an unnecessary law - New Hampshire schools already have robust challenge review policies - and would do much of the same harm that caused the Governor to veto last session's HB 324.
As part of the New Hampshire Freedom to Read coalition and organizations dedicated to free expression and to readers' access to library collections, we are urging her to act as the final check against unconstitutional censorship.
July 2, 2026
Governor Ayotte,
As members of the New Hampshire Freedom to Read Coalition, the American Booksellers Association, Authors Against Book Bans NH, and EveryLibrary urge you to veto SB 434, which raises the same significant concerns as HB 324, which you vetoed last year.
Objectionable Material Policy Already Available (NH RSA 186:11:IX-c)
In your HB 324 veto message, you wrote: “As a parent, I understand and appreciate the concerns parents have about their children being exposed to age-inappropriate or objectionable materials in schools. New Hampshire law requires school districts to adopt a policy allowing an exception to specific course material based on a parent's determination that the material is objectionable. See RSA 186:11:IX-c. Parents must be notified at least two weeks in advance of course materials that involve human sexuality, sexual education, sexual orientation, gender, gender identity, or gender expression. If a parent objects in writing, New Hampshire law further requires an alternative agreed upon between 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.” This remains true, and SB 434 is not necessary. SB 434, in fact, takes away the rights of other parents.
Sole Individual Could Determine Literary Value and Appropriateness
In your HB 324 veto message, you wrote: “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.” SB 434 continues to put the State of New Hampshire in the role of addressing questions of literary value and appropriateness, based on subjective standards. Furthermore, the bill as written empowers a sole individual within a school district to make decisions around literary value and appropriateness, without a stated avenue for recourse or input during the initial review process. SB 434 states this to be the superintendent or a designee; there is no requirement that the designee be a school employee, content expert, or other trained individual. Should a book or material be removed, there is no requirement that students, parents, educators, librarians, school administrators, and elected school officials be properly notified or provided an appeal process under SB 434, as written.
Waste of Public Taxpayer Dollars, School Board, and Elected Official Priorities
While the specific monetary penalties were removed, SB 434 provides no relief for school districts if a determined individual or small group of individuals decides to repeatedly file a complaint or to file dozens of complaints at a time. As the bill is written, the review process would have to begin immediately and start again every time a complaint is filed. Similar to your concern in your veto of HB 324, SB 434 could open the door to unnecessary, costly, and targeted campaigns by out-of-state groups to ban books and censor curriculum in New Hampshire over the objections of the majority of Granite Staters.
No Justification for State or County-Wide Book Bans
In your HB 324 veto message, you wrote: "If the Legislature determines that RSA 186:11:IX-c is not being implemented or enforced adequately, the more suitable and narrow way to address these concerns would be to modify that statute. For the reasons stated above, I have vetoed House Bill 324." The New Hampshire Legislature has provided no additional details or information regarding gaps in the current law and school policies that require SB 434. Furthermore, SB 434 erroneously inserts county-level consideration and decision-making into education law (see below) and fails to define that parental and guardian complaints may only come from a parent of a student currently enrolled in that school or school district; ironically,
HB 324 did specifically include that critical language.
Potential for Lawsuits
SB 434 will undoubtedly expose New Hampshire to expensive legal challenges. There are several ongoing lawsuits against similar book banning laws in other states - Idaho, Iowa, and Florida are three of the biggest. In Iowa, courts have granted a preliminary injunction blocking the enforcement of that state’s book banning law. Florida’s case also ruled against book bans and is now under appeal. In Utah, the state is being sued by the Kurt Vonnegut Estate over their book banning legislation, so even dead authors can cause legal trouble for states.
Governor Ayotte, we know that you and your policy team are reviewing hundreds of bills right now. We believe that SB 434 is a word-smithed version of HB 324 that fails to meet strong standards, puts school districts and the freedom to read in jeopardy, and could cost Granite State families more in the long run. Below is a bill analysis to assist your office. We urge you to veto SB 434, and invite you to reach out to us with any questions or need for clarification in doing so.
Sincerely,
Philomena Polefrone, PhD
Associate Director of Advocacy
American Booksellers Association
Jacquelyn Benson
NH Regional Leader
Authors Against Book Ban
John Chrastka
Executive Director
Every Library