Artistic Freedom Monitor USA

On November 20, 2025, the Alabama Public Library Service Board approved an amendment to its administrative code prohibiting children’s and youth library sections from including any materials that address “transgender procedures, gender ideology or the concept of more than two biological genders.” The policy was adopted after a public comment period and applies to more than 200 public libraries across Alabama. The amendment requires libraries to re-evaluate and relocate books that fall under the rule’s definitions to adult sections or remove them entirely, with implementation beginning in 2026. Libraries that fail to comply with the administrative code face loss of state funding.

The APLS board voted to suspend approximately $42,000 in annual state funding for Fairhope Public Library after parents complained that books `remained in the teen section that they deemed sexually explicit or inappropriate. This marked the first enforcement action under administrative code changes adopted in 2024 that require libraries to relocate sexually explicit or inappropriate materials from all minor sections to adult sections in order to receive state funding. The library had implemented partial compliance measures including parental consent forms and relocating some materials, but APLS determined these efforts insufficient because books remained accessible to minors aged 13-17 in the teen section. APLS Board is chaired by John Wahl, who simultaneously serves as chair of the Alabama Republican Party, and the funding suspension was initiated by board member Amy Minton, who is running for Alabama Senate and explicitly cited Trump’s executive order on gender and Alabama’s “What Is A Woman” Act as justification. APLS board member Ron Snider accused Wahl and others of “promoting an agenda of censorship” targeting books with LGBTQ+ themes.

Governor DeSantis signed Florida’s FY 2025-26 state budget, which included only $1.1 million in arts and culture grant funding for Leon, Gadsden, and Jefferson Counties—a sharp reduction from the $2.6 million requested by 46 applicants. Only 12 of 46 projects received funding, with 29 organizations receiving no state grants. Organizations such as the Tallahassee Ballet, Tallahassee Symphony Orchestra, and 621 Gallery faced significant funding shortfalls for the second consecutive year, forcing consideration of staff layoffs and programming cuts. The reduced funding was part of DeSantis’s restructuring of statewide arts grants following his complete elimination of arts funding the previous year, which he justified by targeting festivals with LGBTQ+ content he called “sexual.” In proposing the FY 2025-26 budget, DeSantis stated the previous veto was because arts funding was “too much into the DEI, into the woke stuff,” and mandated the new funding go only to “family friendly” programs “appropriate for all age groups.” The final budget implemented a stricter scoring system requiring organizations to score 95 or higher, which excluded over 700 arts organizations statewide that typically receive state support.

Governor DeSantis issued Executive Order 25-44 establishing a Department of Government Efficiency task force to audit state agencies, universities, and local governments for “unnecessary spending, programs, courses, staff, and inefficiencies.” DeSantis stated that “ideological” courses and majors may be discontinued and threatened to “hold accountable” universities found circumventing Florida’s existing DEI ban through recharacterization. The order requires universities to submit six years of records on staffing, research grants, course syllabi, and programming, with on-campus visits to “ensure full compliance” with state law.

The Hawaii State Public Library System issued new guidelines prohibiting the use of the words “censorship” and “banned,” the phrase “Banned Books Week,” and any materials from the American Library Association in displays at all 51 public libraries statewide. The guidelines also banned certain props like caution tape and fake flames, effectively rebranding the national Banned Books Week observance as “Freedom to Read Week.” State Librarian Stacey Aldrich defended the guidelines as an attempt to be “inclusive of all library patrons,” though librarians reported the restrictions to the ALA and critics argued they undermine intellectual freedom awareness during a week dedicated to highlighting book censorship.

Iowa Governor Reynolds signed Senate File 418, removing “gender identity” from protected classes under the Iowa Civil Rights Act, eliminating legal safeguards against discrimination in employment, housing, education, credit, and public accommodations effective July 1, 2025. The law permits cultural institutions including universities, museums, libraries, and arts organizations and other private and public entities to refuse to hire, serve, or admit transgender individuals without state-level legal consequence, limiting access to cultural sites, archives, and educational materials. While federal protections under Title VII continue for some employment contexts, transgender Iowans face credible risks of exclusion from participation in cultural life. With this ruling, Iowa became the first state to statutorily repeal a protected class from its civil rights law.

On March 28, 2025, Kentucky enacted House Bill 4 after the legislature overrode Governor Beshear’s veto, prohibiting public universities from expending resources on DEI offices, programs, or staff positions, with a compliance deadline of June 30, 2025. The law prompted institutions including the University of Louisville, University of Kentucky, and Northern Kentucky University to cancel identity-based cultural graduation ceremonies for LGBTQ+ and Black students and disband employee resource groups that facilitated cultural networking. The legislation also restricts courses whose primary purpose is deemed to “indoctrinate participants with a discriminatory concept,” raising concerns among educators about impacts on cultural studies curricula. Universities have removed diversity-related signage and closed DEI offices to comply with the ban.

Governor Tate Reeves signed HB 1193 on April 14, 2025, prohibiting public education institutions including the Mississippi School of the Arts from establishing DEI offices, requiring DEI statements or training, or teaching content deemed to promote ‘divisive concepts’ related to race, sex, gender identity, or national origin. The law mandates teaching that ‘there are two genders’ and establishes a complaint process with potential withholding of state funding for non-compliance. On August 18, 2025, U.S. District Judge Henry Wingate issued a preliminary injunction blocking enforcement of the law, finding it unconstitutionally vague, viewpoint discriminatory, and posing serious threats to free expression and academic freedom. The law remains enjoined pending final resolution of the lawsuit, preventing implementation of its restrictions on educational content and cultural programming.

The Mississippi Library Commission ordered permanent deletion of two academic research databases—Race Relations Abstracts and Gender Studies Database—from the MAGNOLIA system, which serves public schools, libraries, universities, and state agencies. Executive Director Hulen Bivins cited Mississippi House Bill 1315 (2023), a law regulating digital resources for minors by prohibiting “obscene” and “sexually oriented” materials, though no specific provision in the law directly addressed academic research databases. The deletion removed access to materials from 377 peer-reviewed journals and collections including professional journals, conference papers, dissertations, and periodicals on topics including ethnic studies, discrimination, gender inequality, and gender identity.

Missouri Secretary of State Denny Hoskins suspended state funding for OverDrive, a digital library service used by schools and libraries, citing concerns that minors could access inappropriate materials through the platform. The suspension invokes Missouri’s definition of “pornographic for minors” (Mo. Rev. Stat. § 573.010(14)), which applies a three-prong test requiring material to appeal to prurient interests, be patently offensive by community standards, and lack serious literary, artistic, political, or scientific value for minors. This funding threat pressures schools and libraries to restrict access or implement parental consent requirements, limiting minors’ access to materials with literary and artistic merit that address contested or sensitive themes. The action continues policies initiated by former Secretary of State Jay Ashcroft, who established similar library restrictions through administrative rule 15 CSR 30-200.015 in 2023.

Montana’s House Bill 819 restricts flag displays on government property, including public schools and universities, banning flags representing political parties, race, sexual orientation, gender, or political ideology, while explicitly permitting historical flags such as the Gadsden “Don’t Tread on Me” flag and law enforcement flags including the Thin Blue Line flag. The law effectively prohibits Pride flags and Black Lives Matter flags from civic spaces while allowing other ideological symbols, creating selective restrictions on cultural expression based on viewpoint. Critics argue the law targets LGBTQ+ and racial justice communities while privileging other political perspectives under the guise of “neutrality.” Governor Greg Gianforte signed the bill on May 13, 2025.

North Carolina House Bill 636, which passed the House on May 12, 2025, requires public schools to adopt policies for selecting library books that include a community review process allowing residents to object to recommended books. The bill bans books from public schools that include “any descriptions or visual depictions of sexual activity” or are “pervasively vulgar.” The legislation also grants parents, legal guardians of students, and county residents the right to take legal action against public schools over book selections. As of May 2025, the bill has passed the House and is pending in the Senate.

Ohio’s House Bill 249 would criminalize “adult cabaret performances” in any location accessible to minors other than adult cabarets, with the bill defining such performances to include “performers or entertainers who exhibit a gender identity that is different from the performer’s or entertainer’s gender assigned at birth.” The bill imposes penalties ranging from first-degree misdemeanors to fourth-degree felonies depending on whether minors are present and whether the performance is deemed “obscene.” Equality Ohio and LGBTQ+ advocates argue the law would restrict gender-nonconforming performance in public spaces including libraries, parks, and community theaters, threatening artistic expression and cultural visibility. It’s first committee hearing was May 28, 2025, and it remains pending in House Judiciary Committee.

Governor Mike DeWine signed SB 1 into law, prohibiting Ohio’s public universities from maintaining diversity, equity, and inclusion offices or programs, banning faculty strikes, and requiring institutions to affirm they will not “endorse or oppose” any “controversial belief or policy”—defined as any subject of political controversy including foreign policy. While the bill does not explicitly prohibit discussion of controversial topics, it requires faculty to “allow and encourage students to reach their own conclusions” and demonstrate “intellectual diversity” in instruction. An Ohio State art professor reported in March 2025 that a faculty colleague expressed fear of teaching students about Palestinian artists due to concerns the material could be construed as violating the bill’s restrictions, demonstrating a chilling effect on arts education.

Governor Kevin Stitt signed Senate Bill 796 into law on May 13, 2025, prohibiting public colleges and universities from using state funds to support diversity, equity, and inclusion (DEI) positions, departments, activities, procedures, or programs. The law also bans DEI-related hiring statements and mandatory pronoun disclosures, requiring institutions to certify compliance by July 2026. In September 2025, the University of Central Oklahoma canceled a student-directed production of “Boy My Greatness”—a historical drama about boys who played female roles in Shakespeare’s Globe Theatre—citing SB 796 and concerns about the play’s gender-blind casting potentially violating the law.

Oklahoma’s legislature passed HB 1217 on May 1, making it a misdemeanor punishable by up to one year in jail and/or a $1,000 fine to engage in or permit “adult performances which contain obscene material” on public property or in spaces where minors are present. While the bill text does not explicitly mention drag, Governor Kevin Stitt stated “we’re basically banning drag shows in front of kids” upon signing, and bill sponsors openly targeted drag performances, though Attorney General Gentner Drummond later clarified in a September 2025 opinion that drag itself is not banned unless it contains legally-defined obscene material. The law applies criminal penalties to both performers and municipalities that authorize such performances, with critics warning it creates a chilling effect on Pride events and LGBTQ+ artistic expression in public spaces.

South Dakota’s HB 1239 requires public and school libraries to install filtering software on computers and establish policies restricting minors’ access to materials deemed “obscene” under state standards that include whether content lacks serious literary, artistic, political, or scientific value. The law, signed March 31, 2025 and effective July 1, 2025, mandates formal challenge procedures allowing community members to contest materials through library or school board review with potential judicial appeal. Library advocates warn the law’s subjective standards enable ideologically driven challenges that restrict access to legitimate artistic works, creating barriers between minors and diverse literature despite removal of criminal penalties from the original House version.

On October 31, 2025, Tennessee Secretary of State Tre Hargett ordered Tennessee public libraries to conduct an “immediate age-appropriateness review” of all materials in juvenile children’s sections within 60 days. The directive required libraries to identify materials “inconsistent with Tennessee age-appropriateness laws, in violation of any federal law, including President Trump’s Executive Order, or otherwise contrary to any other applicable state or federal laws.” Libraries were directed to submit final reports by January 19, 2026. The letters threatened loss of state and federal funding and grants for non-compliance and specifically cited Trump’s Executive Order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The Rutherford County Library System closed multiple libraries beginning November 6, 2025 to conduct the review, with staff reporting “at least hundreds” of books potentially removed, many with LGBTQ+ themes. Library employees described the process as removing “a mass amount of books in secret” and characterized it as “anti-intellectual freedom and anti-public-library.”

On June 20, 2025, Governor Greg Abbott signed SB 12, banning diversity, equity, and inclusion activities in Texas K-12 public schools, effective September 1. The legislation prohibits schools from organizing programming, clubs, trainings, or curricula that reference race, ethnicity, gender identity, or sexual orientation except where required by federal law. Gay-Straight Alliance clubs have been banned statewide, and at Booker T. Washington High School for the Performing and Visual Arts in Dallas, the law has led to club renamings and created uncertainty among educators about whether student art addressing LGBTQIA+ themes may be displayed. Educators at the arts magnet school reported that students and faculty are struggling to navigate restrictions on identity-based expression, with concerns that the law is affecting the school’s culture of artistic freedom.

Texas Senate Bill 412 eliminates the educational exemption that previously protected teachers and librarians from prosecution under the state’s harmful material law. The law criminalizes knowingly distributing broadly defined “harmful” materials to minors, with penalties including up to one year in jail and a $4,000 fine (Class A misdemeanor), or 2-10 years in prison and up to $10,000 fine if a minor is used to commit the offense (third-degree felony). The law’s vague language has prompted significant self-censorship in educational settings regarding materials addressing sexuality, gender, and race.

Texas SB 13 requires school boards to approve all library acquisitions and establishes a framework for parent-led advisory councils (triggered by petition from 50 parents or 10% of parents, whichever is less) to review materials and make recommendations reflecting “local community values.” The law, effective September 1, 2025, mandates immediate removal of challenged books pending board review and prohibits materials with undefined “profane” or “indecent” content. Library and education groups describe the law as creating delays and barriers to student access to literature, centralizing political control over library collections through multiple approval layers and vague content restrictions. Districts have already begun removing or restricting books under the new framework, with early implementation affecting tens of thousands of titles across multiple school systems.

Texas Senators Brandon Creighton and Paul Bettencourt sent a letter to university boards of regents threatening to freeze funding increases at previous biennium levels unless institutions certify full compliance with Senate Bill 17, the 2023 law banning DEI offices, programs, hiring, and training. The letter alleges “numerous instances” of noncompliance and warns that failure to demonstrate adherence will result in “full enforcement of mechanisms available to the Legislature, including impacts to your funding requests.” SB 17 previously eliminated cultural programming at Texas universities, including cultural graduation ceremonies, welcome weeks for students of color (New Black Student Weekend, Adelante, CultivAsian), and multicultural engagement centers. The funding threat reinforces restrictions on cultural inclusion infrastructure at public universities.

The Board of Regents of the Texas A&M University System—a government-appointed body—voted to ban all drag performances on its campuses, following political pressure aligned with recent federal executive orders opposing “gender ideology.” The ban applied even to student-organized events like Draggieland. A federal court issued a preliminary injunction on March 24 allowing the show to proceed, citing likely constitutional violations. On August 18, the U.S. Court of Appeals for the Fifth Circuit ruled the drag ban likely unconstitutional, affirming that such performances are protected expressive conduct and suspending enforcement of the policy across public campuses.

On October 16, 2025, Wyoming’s Joint Judiciary Committee voted 11-2 to advance a draft bill that would ban books with “sexually explicit” content from school libraries and require public libraries to move such books to adult-only sections. The bill defines “sexually explicit” to encompass all written or illustrated depictions of sexual activity involving genitalia, regardless of artistic or literary context. Books targeted for removal include young adult literature addressing LGBTQ+ identity and trauma recovery, such as “Gender Queer” and “Lawn Boy.” The bill requires a two-thirds vote in the Wyoming House or Senate to be introduced in the February 2026 legislative session.

Wyoming’s House Bill 147 (Enrolled Act 67) prohibits all governmental entities—including the University of Wyoming, public community colleges, school districts, and local governments—from engaging in diversity, equity, and inclusion programs or requiring instruction that “promotes institutional discrimination” based on race, color, religion, sex, ethnicity, or national origin. Education stakeholders testified the law creates a “chilling effect” in classrooms, with the Wyoming School Boards Association stating teachers wouldn’t be able to teach Supreme Court cases like Brown v. Board of Education, and the Wyoming Education Association arguing it disproportionately impacts social studies and history teachers. PEN America characterized the law as prohibiting “a range of government programs,” potentially including cultural and artistic programs. Governor Mark Gordon signed the law on March 4, 2025, and it took effect July 1, 2025.