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libraries
Judge Strikes Down Unconstitutional Parts of Arkansas Law Targeting Librarians
"The court has safeguarded the right of every Arkansan to access ideas and information without fear of censorship or prosecution," said the ACLU of Arkansas legal director.
Dec 24, 2024
In a blow to right-wing efforts to ban books and criminalize librarians, a federal judge on Monday struck down key provisions of an Arkansas law as unconstitutional—though the fight is far from over, with the Republican state attorney general planning to appeal.
Republican Gov. Sarah Huckabee Sanders signed Act 372 in March 2023. A few months later, U.S. District Judge Timothy Brooks temporarily blocked implementation of Sections 1 and 5 of the law—and on Monday, he ruled against them in a 37-page order.
Section 1 threatened Arkansas librarians and booksellers with up to a year in jail for providing minors with access to "harmful" materials. Brooks wrote that "if the General Assembly's purpose in passing Section 1 was to protect younger minors from accessing inappropriate sexual content in libraries and bookstores, the law will only achieve that end at the expense of everyone else's First Amendment rights."
"The law deputizes librarians and booksellers as the agents of censorship; 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. For these reasons, Section 1 is unconstitutionally overbroad," added the judge, who also found the provision "unconstitutionally vague."
Section 5 created a process for challenging books in public libraries that critics called burdensome. Brooks found the provision unconstitutional because it is problematically vague and "unnecessarily imposes content-based restrictions on protected speech."
The state's Republican leaders plan to keep pushing for the law. Arkansas Attorney General Tim Griffin said in a statement to The Associated Press that "I respect the court's ruling and will appeal," and Huckabee Sanders vowed to work with him on that effort.
"This victory over totalitarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation."
Meanwhile, the broad coalition that took on Act 372—including booksellers, librarians, patrons, and professional associations—celebrated their latest legal victory, which comes as right-wing policymakers in other states work to force through similar policies.
"This was an attempt to 'thought police,' and this victory over totalitarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation," ACLU of Arkansas executive director Holly Dickson said in a statement. "Arkansans deserve a state where intellectual freedom thrives, and this ruling ensures that libraries remain sanctuaries for learning and exchange of ideas and information."
John Williams, the group's legal director, declared that "this ruling reaffirms what we have said all along—Act 372 is a dangerous and unconstitutional attack on free expression."
"Our libraries and bookstores are critical spaces for learning, exploration, and connection," Williams added. "By striking down these provisions, the court has safeguarded the right of every Arkansan to access ideas and information without fear of censorship or prosecution."
Democracy Forward also represented some members of the coalition battling the law, including the Arkansas Library Association.
"Laws like Arkansas' that seek to threaten librarians and booksellers with jail simply for doing their job are dangerous for people, communities, and our democracy," said Democracy Forward president and CEO Skye Perryman in a statement. "Our team is honored to represent librarians in Arkansas to stop this attempt to impede the freedom to read and we will meet further attempts in Arkansas and elsewhere with legal challenge."
Leaders of the American Booksellers Association, Association of American Publishers, Authors Guild, Freedom to Read Foundation, Comic Book Legal Defense Fund, WordsWorth Books, Pearl's Books, and WordsWorth Books said in a joint statement that "together with librarians, authors, publishers, booksellers, and readers everywhere, we applaud the court's carefully crafted decision upholding the constitutional right to access books."
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New Jersey Governor Signs Freedom to Read Act Barring Book Bans
The law, said the Democrat, "cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students."
Dec 09, 2024
Democratic New Jersey Gov. Phil Murphy on Monday signed legislation protecting librarians and prohibiting public schools and libraries from banning books—a move that came as Republican state lawmakers are proscribing a record number of titles, many of them works addressing sexual orientation, gender identity, and racial injustice.
Flanked by educators, librarians, and other advocates, Murphy signed
A.3446/S.2421—known as the Freedom to Read Act—in the Princeton Public Library.
"The Freedom to Read Act cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students," said Murphy. "Across the nation, we have seen attempts to suppress and censor the stories and experiences of others. I'm proud to amplify the voices of our past and present, as there is no better way for our children to prepare for the future than to read freely."
According to a statement from Murphy's office:
Under the law, boards of education and governing boards of public libraries are barred from excluding books because of the origin, background, or views of the material or of its authors. Further, boards of education and governing boards of public libraries are prevented from censoring library material based on a disagreement with a viewpoint, idea, or concept, or solely because an individual finds certain content offensive, unless they are restricting access to developmentally inappropriate material for certain age groups.
The legislation "also provides protections for library staff members against civil and criminal lawsuits related to complying with this law."
New Jersey Association of School Librarians President Karen Grant said that "the Freedom to Read Act recognizes the professionalism, honor, work ethics, and performance of school and public library staff" and "promotes libraries as trusted sources of information and recognizes the many roles that libraries play in students' lives."
"The bill will protect the intellectual freedom of students as well as acknowledge that school libraries are centers for voluntary inquiry, fostering students' growth and development," Grant added. "Additionally, we are grateful for the broad coalition of support from so many organizations for this legislation."
The leader of one of those groups—Garden State Equality executive director Christian Fuscarino—said, "Gov. Murphy just made it clear: In New Jersey, censorship loses, and freedom wins."
"At a time when access to diverse and inclusive materials is under attack across the nation, this legislation sends a powerful message that New Jersey will stand firm in protecting intellectual freedom and fostering a culture of understanding and inclusion," Fuscarino added.
The New Jersey law comes amid a near-tripling in the number of books banned or challenged by Republican state lawmakers and right-wing organizations over the past year, with PEN America counting over 10,000 such titles during the 2023-24 academic year—up from 3,362 titles during the previous scholastic year.
With Murphy's signature, New Jersey joins Minnesota and Illinois in passing state legislation to counter GOP book-banning efforts.
As the Chicago Tribunereported Sunday, "a number of school districts, many of them in deeply conservative areas of south and central Illinois," are giving up state grants rather than adopting principles against book-banning."Keep ReadingShow Less
Alabama House Passes Bill That Could Be 'Used to Arrest Librarians'
"I feel like this is a violation of the First Amendment, and it's easily going to be abused," one Democratic lawmaker said.
Apr 26, 2024
The Alabama House of Representatives voted 72-28 on Thursday in favor of a bill that would apply the state's criminal obscenity laws to public libraries, public school libraries, and the people who work there.
Critics, including the Alabama Library Association, have warned that the bill could see librarians jailed and argued that it violates the First Amendment.
"This is a pig," Rep. Chris England (D-70), said during the debate, as AL.com reported. "It is a bad bill, and when you attempt to take what is normally non-criminal conduct and make it criminal, you bend yourself into ways that potentially not only violate the Constitution but potentially subject somebody to an illegal arrest with no due process."
"Why are they coming into libraries or thinking that they can come in and run the place better than us as professionals?"
House Bill 385 would allow anyone to write a letter to a school district superintendent or head librarian claiming a book is obscene. The Montgomery Advertiser explained further:
The library would be required to remove the materials within seven days of receiving the required written notice. Failure to remove said materials would result in a Class C misdemeanor upon the first offense, a Class B misdemeanor upon the second offense, and a Class A misdemeanor after the third and beyond. They may challenge the claim during the seven-day period.
In Alabama, a Class C misdemeanor carries a maximum sentence of three months in jail and fee of $500. The maximum sentence for a Class B misdemeanor is six months of jail time and a $3,000 fee, while a Class A misdemeanor carries a maximum sentence of one year in jail and a $6,000 fee.
The bill also adds to the definition of the "sexual conduct" minors must be protected from to include "any sexual or gender-oriented material that knowingly exposes minors to persons who are dressed in sexually revealing, exaggerated, or provocative clothing or costumes, or are stripping, or engaged in lewd or lascivious dancing, presentations, or activities in K-12 public schools, public libraries, and other public places where minors are expected and are known to be present without parental consent."
During the debate, England warned, "This process will be manipulated and used to arrest librarians that you don't like, and not because they did anything criminal. It's because you disagree with them," as The Associated Press reported.
Rep. Mary Moore (D-59) warned that the description of sexual conduct was loose enough that it could apply to students dressed up for prom, according to AL.com.
"Some of them would be under the jail because of this," Moore said.
Rep. Neil Rafferty (D-54) also expressed concerns that the language could apply to people in Halloween costumes or wearing summer clothing.
"I feel like this is a violation of the First Amendment, and it's easily going to be abused," he said, according to AP.
Rep. Barbara Drummond (D-103) said the bill was "putting lipstick on a pig," and added that the government "can't legislate morality," and that it would prevent children from "having an open mind," AL.com reported.
The bill comes amid increased politicization of libraries and attempts to ban books, especially in Republican-led states.
In Alabama, the legislature is also considering making $6.6 million in public library funding dependent on whether a library relocates materials deemed inappropriate for children, AL.com reported further. Nationwide, PEN America found that the total number of book bans in schools and libraries during just the first half of the 2023-2024 school year was greater than all the titles banned in 2022-2023, and that number had already jumped by 33% from the school year before.
The bill applying obscenity laws to libraries now heads to the Senate, but Alabama Library Association president Craig Scott told AP the state should expect to lose "lawsuit after lawsuit" if it becomes law.
"Why are they coming into libraries or thinking that they can come in and run the place better than us as professionals?" Scott asked.
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