Popular Information: “One hundred and eighty-one public libraries in Tennessee are reviewing their children’s collections after Tennessee Secretary of State Tre Hargett (R) ordered them to remove books with LGBTQ themes or characters. Hargett suggested that libraries that made such books available to children were violating federal and state law. Some libraries have closed for days so staff could focus on weeding out prohibited volumes. Hargett sent two letters demanding the review to every library in the Tennessee Regional Library System, which covers most of the state except larger cities like Nashville and Memphis. Hargett’s first letter, dated September 8, argued that libraries receive state and federal grants through the Tennessee State Library & Archives, which falls under his office, and that as a part of the contract for receiving those grants, the recipients agree to “comply with all applicable state and federal laws and regulations.” Specifically, Hargett emphasized a recently-passed Tennessee law prohibiting DEI and President Trump’s executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which he signed on the first day of his second term. In a second letter sent on October 27, Hargett demanded that all 181 libraries in the Tennessee Regional Library System review their children’s collections within 60 days and remove any books that violate state or federal law.Hargett has not explained how the state law or Trump’s executive order apply to books in Tennessee public libraries. The state law Hargett cited, the “Dismantling DEI Departments Act,” passed earlier this year, prohibits any state or municipal government agency from having any offices or institutions related to DEI. For example, to comply with the bill, some colleges in the state have ended certain scholarships related to DEI or restructured offices that provide resources to minority and LGBTQ students. The law does not mention library books. Trump’s executive order on “gender ideology” does not mention books either. Further, executive orders are not federal law and generally do not apply to state or local governments. The executive order states that “federal funds shall not be used to promote gender ideology.” Tennessee Regional Library System receives federal grants through the 2010 Library Services and Technology Act. Hargett’s argument is that by having books about LGBTQ people, libraries are “promoting gender ideology” and putting their federal grant funds in jeopardy.

But according to Hargett’s own webpage, Tennessee libraries are not using federal funds to buy books. Instead the funds are used to “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.”…