At Winter Institute 2025 last week in Denver, Colo., American Booksellers for Free Expression associate director Philomena Polefrone held a session on crafting effective testimony against book banning bills.
Among the "huge number" of bills moving through state legislatures at the moment, Polefrone reported, most are focused on public schools and libraries. They can take many forms, and though some are "devastatingly effective" at removing books from classrooms and library shelves, they do not directly impact booksellers, and in those cases, the American Booksellers Association and booksellers "don't have legal standing." But when a bill would affect booksellers by expanding the definition of obscenity or imposing a book rating system, bookseller testimony is an invaluable tool against it.
Elaborating on those two categories of book bans, Polefrone called the former a "huge threat," saying that it would become a major problem not only to sell certain books to minors but also to display those books in a way accessible to minors, and it could lead to stores having to create adults-only sections or even bar minors from entry.
Book rating laws, meanwhile, would apply such onerous demands on booksellers that they could effectively stop booksellers from working with schools. Polefrone noted that the ABA is involved in an ongoing case in Texas challenging HB900, which so far has been ruled in booksellers' favor, and last year, booksellers in New Hampshire were able to mobilize and defeat a book rating portion of a bill.
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| Philomena Polefrone | |
Touching on the life cycle of a bill, Polefrone explained that state legislatures typically have two chambers, and once a bill is proposed, it is referred to a relevant committee. The committee decides whether to table it or put it to a vote, and if the vote passes, the process repeats in the second chamber. If it clears both chambers, the bill goes to the governor to be signed into law or vetoed.
The committee phase, Polefrone said, is "the best place to kill a bill" and when one typically testifies. The most effective testimony is in-person testimony, followed by virtual testimony. Behind those is written testimony, and though it is comparatively less effective, it is "still very much worth doing," Polefrone said.
When it comes to crafting testimony, Polefrone advised looking for a "bipartisan argument," which usually comes down to money. She acknowledged that it may not be the argument "you're most pumped about," but the most persuasive arguments in these scenarios tend to be the ones showing that a given bill would be bad for business, and to that end, being a small business is a "secret bipartisan weapon."
Brevity is key, with most speakers having at most two or three minutes to testify, and Polefrone suggested crafting a one-sentence version of the argument to be stated at the start and repeated at the end. Booksellers should succinctly establish their credentials as small businesses, job creators, and constituents, which could include mentioning the number of years in business, the number of employees, and contributions to the local economy.
Polefrone urged booksellers to quantify, whether in costs or staff hours, as much as possible when talking about the impact of a bill. If, for example, a bill would make business relationships with schools no longer tenable, "you want to come in armed with numbers." If something can't be directly quantified, booksellers can still point to burdens like having to verify IDs at the door or barring minors from entering entirely, should the bill aim to expand the definition of obscenity. There could also be room for First Amendment arguments, such as prior restraint or compelled speech, or arguments that complying with book bans would cause reputational harm.
Polefrone warned that anyone testifying should "be ready for hostile questions," and she discussed a few "traps to avoid." Booksellers should try to stay calm and "be the reasonable one in the room," even if doing so means giving the benefit of the doubt to people who might not deserve it. The testimony should not be overcomplicated; when discussing business impacts, "don't get into the weeds." And booksellers should practice 30-second, one-minute, and two-minute versions of their testimony to make sure they don't run out of time, no matter the limit.
As an example of "perfect" in-person testimony, Polefrone showed the testimony given by Charley Rejsek, CEO of BookPeople in Austin, Tex., against HB900. Rejsek offered a succinct "reading of the bill from the perspective of a bookseller," showing how it would translate into her day-to-day and negatively impact the business.
During the session's q&a portion, Polefrone emphasized that part of the harm done by a bill like this is that it makes people so terrified of liability that they not only comply in advance but over-comply. "That's the kind of thing that we as booksellers cannot do. Under no circumstances." --Alex Mutter