HB517 (Sensitive Materials)

HB517 would have made it harder for guardians, students, educators, and authors to sue to protect their First Amendment rights, as it attempted to extend government immunity to state and local officials (including school districts), prohibit class actions, and allow school districts to require guardians to sign arbitration agreements. It would also have allowed anyone to sue a school district for failing to enforce the law regarding sensitive materials in schools. The bill also attempted to restructure fees in lawsuits against the state involving sensitive materials, requiring the party bringing the challenge to pay attorneys’ fees if the state won or the case was settled. The state, however, would have been required to pay its fees if Utah had lost the case. Lastly, the bill would have required school librarians to acquire only “materials that would advance the education of the student,” a vague standard that could limit the variety of books and materials available in schools.