A group of public libraries and book publishers in Arkansas is pushing back against a growing movement to restrict what children can read.
Arkansas is one of four states that recently passed laws making it easier to prosecute librarians for sexually explicit books, a designation often used by conservatives to attack books that depict gender identity and sexuality. In on Friday, a coalition led by the Little Rock-based Central Arkansas Library System, filed a federal lawsuit hopes to set a precedent on the constitutionality of such laws.
The Central Arkansas Library System argued in a filing with the US District Court for the Western District of Arkansas that Law 372 violates the First Amendment by making it a misdemeanor for libraries to give children access to materials that are «harmful to minors.» The term, which means any depiction of nudity or sexual conduct intended to appeal to a prurient interest that lacks serious artistic, medical, or political value and that contemporary community standards would find inappropriate for minors, is too broad, the lawsuit contends. For example, the law would prohibit 17-year-olds from viewing material deemed too explicit for 7-year-olds.
The lawsuit also alleges that the law violates residents’ due process rights by allowing local elected officials to overturn librarians’ decisions on book challenges without providing explanations or allowing appeals by those who disagree.
“There is tremendous angst and anxiety on the part of state librarians,” said Nate Coulter, executive director of the Central Arkansas Library System, which has 17 branches in seven cities. “Because not only do they feel that the people in the state government do not respect their integrity, but they are seen as a hostile party. They have been called hairdressers. They have been accused of being pedophiles. They’re basically the target of a very divisive and angry group of people who express their belief that somehow the library is the problem in our community.»
It is unclear how prosecutors or judges would handle such criminal cases, but violations of the «harmful to minors» provision of Law 372 could result in maximum jail sentences of one year. The law also removes protections for librarians and teachers who distribute material «considered to be obscene» as part of their work, a crime punishable by up to six years in prison; the lawsuit does not challenge that part of the law.
Dan Sullivan, the Republican state senator who sponsored the measure, defended the possibility that a librarian could go to jail for children’s books.
“We do not exempt doctors from abuse laws. We do not exempt pharmacists from drug laws,” Sullivan said. «And I don’t know why we would exempt librarians from these laws about what is harmful to children.»
Book ban battles have an impact
Although the law won’t take effect until August 1, the lawsuit says Law 372 is already taking effect in Crawford County, where public libraries recently moved books on disabled, puberty, religion and LGBTQ characters outside the children’s sections. When residents asked for the books to be removed, the Crawford County attorney defended the move, citing Law 372, according to a letter Obtained by NBC News.
The lawsuit asks a federal judge to stop prosecutors from enforcing the provisions of Law 372 regarding books and materials «harmful to minors.» It names the Crawford County government, Crawford County Judge or Chief Executive Officer, Chris Keith, and 28 prosecutors from across the state in their official capacities as defendants. Crawford County and Keith did not immediately respond to requests for comment.
Arkansas libraries are entering a national maelstrom over children’s access to materials that include depictions of sexuality and LGBTQ characters or themes. In the past two years, conflicts over book restrictions have spread from school and classroom libraries to public community libraries. As with school boards, library directors’ meetings in many cities have turned from sleepy affairs to passionate political battlegrounds, leading to heated rhetoric and legislation directed at librarians.
This year, 15 states considered bills that would expose public librarians to criminal charges for allowing minors to check out certain books, according to the EveryLibrary Institute, an advocacy group for librarians. The Governors of Arkansas, Indiana and Mountain enacted bills, while similar measures passed in Idaho and North Dakota but were vetoed by Republican governors. Last year, Oklahoma was the first state to pass a law eliminating librarians’ protection against prosecution.
As battles rage locally, librarians have become targets of those who believe children should not have access to books that candidly describe sexuality, discuss gender transitions or celebrate LGBTQ identity.
In Moon Township, Pennsylvania, local elected officials — who had opposed children’s books about drag queens — asked a public library about their Disability Pride Month display, because they thought the use of the word «pride» was a reference to LGBTQ people.
In Post Falls, Idaho, a library board called the police to a meeting in february to address a rowdy crowd that kept shouting «shame» and «Satan» at people who advocated keeping LGBTQ-themed books available to children.
In Llano, Texas, county officials nearly shut down its library system this year over a dispute over whether to keep books like «Larry the Farting Leprechaun» and «I Need a New Butt!» on the shelf because the residents complained the illustrations attracted pedophiles.
Clare Graham, director of the Malvern-Hot Spring County Library in central Arkansas, has been watching in disbelief as such arguments disrupt communities in the state and beyond.
“The message says, ‘If you’re against this, you want kids to see pornography,’ and that’s wrong, but that’s how it’s been framed,” Graham said. “It leaves me scratching my head, because we are a sanctuary for so many and we are a neutral space.”
In Saline County, central Arkansas, dueling billboards show divisions over public libraries.
Billboards sponsored by the Saline County Republican Women and the Saline County Republican Committee warn of «X-RATED LIBRARY BOOKS» and direct people to a website that primarily highlights books that include LGBTQ characters. An example is a children’s book published by HBO «Last Week Tonight with John Oliver» about a gay bunny named after former Vice President Mike Pence’s pet rabbit, which the website says it is inappropriate for children and part of the library’s effort to «divert them from Christian values.»
In response, the Saline County Library Alliance, a group of residents opposed to book restrictions, put up a billboard urging residents to “FIGHT THE LIES. SUPPORT THE LIBRARY”. Bailey Morgan, who raised money for the billboards, said they fear the campaign against the alleged explicit books will lead to funding cuts for the library, as has happened in other parts of the state.