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.
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.”
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.
