A federal judge upheld a lower court ruling against part of Act 372, an Arkansas bill signed into law in 2023 aimed at regulating libraries and bookshops. The legislation would have paved the way for criminal charges against booksellers and librarians who provided “harmful” material to children.
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Gov. Sarah Sanders said the law is based on “common sense.” She said, “schools and libraries shouldn’t put obscene material in front of our kids.”
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Although Arkansas already has a law prohibiting “obscenity” from public libraries, Act 372 took it further. The law allowed people to challenge material they deem obscene or harmful.
Supporters point to pornographic content and language that can exist within stories.
Opponents said the law would reduce access to books representing the LGBTQ+ community and people of color.
A coalition of libraries, organizations and curators sued the state following Act 372’s passage. The plaintiffs said it threatened people doing their jobs and cited the First Amendment, arguing that many of the books are constitutionally protected.
The case focused on two sections of the law that allow criminal penalties for librarians and booksellers who fail to keep harmful books away from children.
The legislation also details how people should place books in areas away from minors to mitigate any exposure to the material.
In the ruling, U.S. District Judge Timothy Brooks said, as written, the law places the burden of censorship on both librarians and booksellers.
“When motivated by the fear of jail time, it is likely they will shelve only books fit for young children and segregate or discard the rest.”
Ruling by U.S. District Judge Timothy Brooks
Ultimately, Brooks ruled the law was unconstitutional and used broad language that left room for interpretation.
Arkansas’ attorney general said he plans to appeal the ruling but respects the court’s decision.
Texas, Iowa and Indiana have also passed similar legislation restricting access to certain literature and making it easier to challenge the material.
[Lauren Taylor]
A FEDERAL JUDGE UPHOLDS A LOWER COURT RULING AGAINST A LAW THAT COULD PUT LIBRARIANS IN AN ARKANSAS COURTROOM FACING CRIMINAL CHARGES.
MONDAY’S RULING STOPS PART OF ‘ACT 372’ A BILL SIGNED INTO LAW IN 2023.
GOVERNOR SARAH SANDERS SAYS ITS BASED ON COMMON SENSE AND QUOTE “schools and libraries shouldn’t put obscene material in front of our kids.”
ALTHOUGH ARKANSAS HAS A LAW TO PROHIBIT OBSCENITY FROM PUBLIC LIBRARIES, ACT 372 LOOKS TO TAKE IT A STEP FURTHER.
SUPPORTERS OF THE LAW SAY IT CHANGES WHAT BOOKS ARE ON LIBRARY SHELVES…ALLOWING PEOPLE TO CHALLENGE THE MATERIAL FOR ANY OBSCENE CONTENT.
POINTING TO PORNOGRAPHIC CONTENT AND LANGUAGE THAT CAN EXIST WITHIN STORIES.
BOOKS SURROUNDING THE LGBTQ COMMUNITY AND PEOPLE OF COLOR
A COALITION OF LIBRARIES, ORGANIZATIONS AND CURATORS SUED THE STATE FOLLOWING ITS PASSAGE. THE GROUP SAYS IT THREATENS PEOPLE FOR SIMPLY DOING THEIR JOBS.
THE PLAINTIFFS POINT TO THE FIRST AMENDMENT AND ARGUE MANY OF THESE BOOKS ARE CONSTITUTIONALLY PROTECTED.
THE FOCUS IS ON TWO SECTIONS OF THE LAW, ALLOWING CRIMINAL PENALITIES FOR LIBRARIANS AND BOOKSELLERS WHO FAIL TO KEEP HARMFUL BOOKS AWAY FROM KIDS.
IT ALSO DETAILS HOW BOOKS SHOULD BE MOVED AWAY FROM MINORS IN ORDER TO AVOID ANY EXPOSURE TO THE MATERIAL.
IN THE RULING, U-S DISTRICT JUDGE TIMOTHY BROOKS SAID, AS WRITTEN, THE LAW MAKES THE BURDEN OF CENSORSHIP FALL ON LIBRARIANS AND BOOKSELLERS.
HE WROTE, “when motivated by the fear of jail time, it is likely they will shelve only books fit for young children and segregate or discard the rest.”
ULTIMATELY HE RULED ITS UNCONSTITUTIONAL AND USES BROAD LANGUAGE THAT LEAVES THE LAW UP FOR INTERPRETATION
ARKANSAS’S ATTORNEY GENERAL SAYS HE PLANS TO APPEAL THE LAW BUT RESPECTS THE COURTS DECISION.
TEXAS, IOWA AND INDIANA HAVE PASSED SIMILAR LEGISLATION THAT RESTRICTS ACCESS TO CERTAIN LITERATURE AND MAKES CHALLENGING THE MATERIAL EASIER.
FOR STRAIGHT ARROW NEWS, I’M LAUREN TAYLOR.
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