Topline
An Arkansas law that threatened criminal charges against librarians and booksellers who provide “harmful” materials to minors is on hold due to a federal judge’s Saturday ruling, after the state followed in the footsteps of a number of other Republican-controlled states that have restricted reading materials for students.
Key Facts
District Judge Timothy Brooks issued a preliminary injunction pausing the law from going into effect while a challenge brought by several library groups works its way through the court system, because of the potential the plaintiffs’ First Amendment rights would be restricted.
The law—which was signed by Republican Gov. Sarah Huckabee Sanders earlier this year and set to take effect Tuesday—would have created a new process to challenge library materials and carved a new way for people to request that books deemed inappropriate be relocated to areas not accessible by kids.
Had the law not been halted, it would have also been a criminal offense to knowingly provide a minor with any material that is “harmful,” meaning it includes nudity or sexual content or the current community standards consider it unsuitable for minors.
If a librarian or bookseller was found to violate the law they could have been charged with a class A misdemeanor, which is punishable by up to one year in jail and a $2,500 fine in Arkansas.
The law’s supporters say it would protect children from obscene material, but plaintiffs argued the law would force bookstores and libraries to either stop offering any books that risk broadly running afoul of the law or ban children altogether.
Crucial Quote
Nate Coulter, executive director of the Central Arkansas Library System, one of the plaintiffs in the lawsuit, told the Arkansas Democrat Gazette on Saturday: “[I’m] relieved that for now the dark cloud that was hanging over [the system’s] librarians has lifted — they will not be threatened with jail for making books available to our patrons.”
Big Number
2,532. That’s how many instances of individual books’ being banned PEN American found during the 2021-2022 school year, according to a report from the nonprofit free speech group. The individual book bans affected 1,648 titles because some books were the target of multiple districts and states.
Key Background
The debate over banned books in classrooms escalated during the pandemic, when kids were sent into virtual learning environments and some parents wanted more control over what their kids were reading and learning. Since then, book bans in U.S. public schools increased by 28% in the first half of the 2022-2023 school year, according to PEN America. In some cases, GOP-led states have passed laws restricting certain types of books, a move supporters claim is only intended to restrict obscenity but opponents argue could result in broad bans on entire categories of books—often including literature on LGBTQ topics—as school and library officials fear punishment. The approach of which titles to ban depends on the state. Missouri made it illegal to provide students with “sexually explicit” material, causing some districts in the state to remove hundreds of books from library shelves, including Flamer by Mike Curato and Milk and Honey by Rupi Kaur. In Florida, it’s now required that books be reviewed by certified media specialists before they are placed in libraries or classrooms. Iowa Republican Gov. Kim Reynolds signed a bill into law in May requiring Iowa’s schools to remove any texts detailing “sex acts” from library shelves. Last month, Texas Gov. Greg Abbott followed Iowa’s footsteps and signed a bill that prohibits sexual content in school libraries. Most states that have passed legislation restricting which books schools offer students leave it up to local officials to determine which books fall under the restrictions. But in some states, like Texas, Wisconsin and South Carolina, state officials have targeted specific books rather than whole categories.
Chief Critic
PEN America warns that book bans disproportionately affect stories with LGBTQ+ themes or characters and stories with prominent characters of color. Some 41% of the titles that were banned in the 2021-2022 school year explicitly address LGBTQ themes or main characters who are LGBTQ, and about 21% of books banned in the 2021-2022 school year directly address race and racism, PEN America’s data shows. That’s of concern to a number of authors of color who say their work is representative of many kids’ experiences. Deborah Caldwell-Stone, the director of American Library Association Office for Intellectual Freedom, told NBC News many bans target stories about people of color: “We’re disheartened that there is this organized campaign to remove the voices of marginalized communities from the shelves of school libraries,” Caldwell-Stone said.
Contra
Last month, Illinois Governor J.B. Pritzker (D) signed a bill that will make public libraries ineligible for state funding if they ban materials because of “partisan or doctrinal” disapproval.
Further Reading
Enforcement Of Two Parts Of New Arkansas Law On Library Materials Temporarily Blocked By Federal Judge (Arkansas Democrat Gazette)
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