Arkansas librarians sue to block new law that could jail them over explicit books

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Arkansas librarians sue to block new law that could jail them over explicit books
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Arkansas is one of four states that recently passed laws that make it easier to prosecute librarians over sexually explicit books. A group of public libraries is fighting back.

is inappropriate for children and part of the library’s effort to “draw them away 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.

STAND WITH THE LIBRARY.” Bailey Morgan, who raised money for the billboards, said they fear the campaign against supposed explicit books will lead to funding cuts for the library, as has happened elsewhere in the state. Republican groups placed billboards alleging explicit children's books are in public libraries near Benton.A group in support of public libraries put up billboards near Benton to counter Republican criticism.David Gibson, the chair of the Saline County Republican Committee, said the group’s goal isn’t to defund the libraries or ban books, but “we’re not pretending for one moment that there is one good reason to have sexually explicit material for children to access.” Last year, residents of Craighead County, Arkansas, near the Missouri and Tennessee borders, mobilized to cut library funding, objecting to LGBTQ-themed books they considered inappropriate for the children’s sections. Vanessa Adams, the library director in Craighead County, said she took several of the most vocal critics — a mix of conservative activists and parents — out to lunch, hoping to strike a compromise. “I learned that these people were very sincere and that they truly believed in what they said,” she recalled of their concerns about books that were too mature for children. “I remember saying to one of them, ‘I may not agree with you, but I love your passion for this.’” Adams proposed moving some books including nudity, like those about sex education, to a “Parent/Teacher” section, but that wasn’t enough to stop the concerned residents’ momentum. In November, by an 8-point margin to slash the library system’s funding in half. When the change kicks in next year, Adams said, she’ll most likely have to close some branches and lay off staff members. The Saline County Library in Benton has faced protests from local conservatives over children's books.Sullivan, who introduced Act 372 in the state Senate, represents parts of Craighead County and publicly supported the effort to cut the library’s funding. He said it inspired his bill. Most states have exemptions from prosecution for librarians who share obscene material with minors for legitimate or educational purposes,, and many states have similar exemptions for teachers, clergy, doctors or museum staff members. The new state laws removing the exemptions for librarians have renewed focus on the definition of obscenity. A 1973 Supreme Court decision established the “,” which asks whether the average person would consider material about sexual conduct or excretory functions to be offensive, whether it appeals to prurient interest in sex and whether anyone would find it to have literary or artistic value. Many librarians, library advocates and civil liberties groups fear that even if courts ultimately find that LGBTQ-themed children’s books don’t meet that definition of obscenity, the threat of prosecution will create a chilling effect. Conservatives in Arkansas have protested LGBTQ-themed books, such as those at the Saline County Library in Benton.“A major concern with these laws is that they’re going to create an incentive for librarians to remove any potentially controversial books from the libraries, and then they’ll not only not be available to minors, but they won’t be available to adults,” said Aaron Terr, the director of public advocacy at the Foundation for Individual Rights and Expression, a civil liberties group known for criticizing what it characterizes as censorship on college campuses. Deborah Caldwell-Stone, the director of the American Library Association’s intellectual freedom office, believes the legislation will prevent children from discovering new ideas through books. “When you try to expand the definition of what is criminal — to distribute to society ideas to consider and, worse, couching it in terms of protecting children from ideas — we’re really in a bad place,” she said. Sullivan countered that the point of the law is to stop children from accessing problematic material. “If one’s violating the law — doing things that are harmful to children — it should have a chilling effect,” he said. “That’s a good thing.” Central Arkansas Library System attorney John Adams speaks at a board meeting May 25 before a vote to file a lawsuit challenging the constitutionality of Act 372.The Central Arkansas Library System has amassed a coalition of plaintiffs to challenge Act 372 in the lawsuit filed this week, including the public libraries in Eureka Springs and Fayetteville, the Arkansas Library Association, the American Booksellers Association, the Association of American Publishers, the Comic Book Legal Defense Fund, the Freedom to Read Foundation, two Arkansas bookstores and two library patrons. The Arkansas Civil Liberties Union Foundation, a civil liberties nonprofit, and the Democracy Forward Foundation, a left-leaning advocacy group, are helping provide legal representation. Coulter, the executive director, said at the library system’s May 25 board meeting authorizing the lawsuit that it’s unclear how libraries would comply with Act 372’s requirement to ensure minors don’t access “harmful” materials. For example, what if a library moves a book out of the children’s section and a 16-year-old picks it up in the adult stacks? “We’re not going to have enough staff to put at the head of every row of books to check your ID,” he said.

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