Saturday, February 7, 2026

NJ Freedom to Read Act Model Policy Is Invalid Since It Was Written by a Fired Librarian

NJ Freedom to Read Act model policies are invalid since they were written by a fired librarian.  School librarian Elissa Malespina, who was fired from Verona High School for book displays on race and LGBTQ+ themes, and school librarian Martha Hickson, who retired from North Hunterdon-Voorhees High School before she could be fired for giving kids obscenity under NJ 2C:34-3, wrote the policy for the new New Jersey Freedom to Read Act.  Martha Hickson introduced New Jersey State Senator Andrew Zwicker to the Freedom to Read Act that is written by the American Library Association in Chicago, Illinois.  That is now New Jersey law.

Now revealed is that Martha Hickson and Elissa Malespina also wrote the school policies required under the law:

Martha Hickson

Before I was fired, I already knew Martha Hickson’s story. I reached out to her for help and guidance while writing South Orange and Maplewood’s district policies related to censorship and book challenges. Her experience and deep understanding of how these attacks unfold shaped that work in lasting ways. The policy we wrote, informed by her knowledge, is now used as a model across New Jersey.

When I did lose my job, Martha was the first person I called. I was crying. I was overwhelmed. I was dealing with severe depression and anxiety triggered by my firing. Martha did not just listen. She helped me find a therapist and a doctor. She gave me the courage to speak publicly about what happened, not for attention, but so others would not feel as isolated as I did.

Seeing us together on screen, as we testified at a hearing in support of New Jersey’s Freedom to Read bill, was a reminder that this work is collective, and that the relationships built in this fight often begin long before crisis hits.

Source: Elissa Malespina blog post provided in X post thread shown below. 


When you see Elissa Malespina together with Martha Hickson on the screen in "The Librarians," it's right after Martha Hickson says, "fifth graders have penises."

And these are the people who wrote the policy to be followed by all schools in New Jersey and modeled in other states.  

Unbelievable.

The policy schools must follow per a law written by American Library Association was written by a school librarian fired for gr[00]ming and another school librarian who retired before job action could be taken against her and who worked with ALA to get the Freedom to Read Act passed in New Jersey—because "fifth graders have penises."

"The policy we wrote, informed by her knowledge, is now used as a model across New Jersey."

Unbelievable.




To assist boards of education in developing a policy on the curation of library material within a school library, the commissioner shall develop a model policy. In developing the model policy, the commissioner shall consult with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association.

Clearly we have an admission here that the model policies were written by two school librarians, one fired and the other who helped ALA get it passed into law in New Jersey.  

We have an admission against interest here ("policy we wrote, informed by her knowledge, is now used as a model across New Jersey") that the policies were not developed as required by the law, or at a minimum one of the consultants who wrote the model policy for the commissioner had already been fired for ideologically gr[00]ming school children.  

School Library Journal tells us what happened from a point of view very much in favor of Elissa Malespina.  Still, we get a sense of why she was fired:

"Mrs. Malespina does a nice job with creating collections for display about equity, specifically regarding the themes of race and LGBTQ.  However, the selections never seem to go beyond those two topics.  This has created the perception that the library is about only two things and not necessarily about promoting a variety of different books centered around a variety of different topics.  Although it is difficult to say, this may be why the number of books that are checked-out of the library is not as high as might be expected.  This approach to library displays creates a student space that is not inclusive enough to a wide variety of topics such as sports, politics, health, science fiction, graphic novels, etc.  In order to create positive interactions with students and parents the space has to be a hub for events and a space that promotes a variety of topics and interests.  It is recommended that there is a reflection on what the space is for and how it can be better utilized to serve the student and broader community."

In the review's conclusion, the principal said he would not recommend that the school bring Malespina back for the next school year.


So now we know why she was fired.  My opinion from reading this is that she was fired for ideologically gr[00]ming school children.  Whatever—this is the person who wrote the policies where the law says "the commissioner shall consult with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association."  Even if Elissa Malespina was actually consulted under the law, her having been fired for ideological gr[00]ming of children should have invalidated her participation.  Thus the model policies are essentially invalid.  

Any law case brought to invalidate the NJ Freedom to Read Act will point to this very issue.  Any other state laws copying from New Jersey will be similarly suspect.

The law is not being followed.  The policies as written violate the law.  This was always the intention of the cleverly worded FTRA as written by ALA, but here is the solid proof that ALA people—including a fired librarian—wrote the policies, not those charged with that duty under the law.  

So the model policies are illegal.  Schools need not follow illegal model policies, and those that already have should rescind them.  They were written by a school librarian fired for ideological gr[00]ming of school children, not as required by law.



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