Report: Lawsuit Challenges Arkansas Law Allowing Librarians to Be Criminally Charged Over ‘Harmful’ Materials; Freedom to Read Foundation Releases Statement

From the Arkansas Times

A group of public libraries and supporters filed a federal lawsuit Friday to challenge a new state law that aims to censor what books children can get to in libraries and puts librarians in danger of criminal charges if they allow young people access to content deemed harmful.

The suit asks a federal judge to block the law and declare it unconstitutional, as a violation of the First and Fourteenth Amendments to the U.S. Constitution.

At issue is Act 372, passed by the state legislature and signed into law this year by Arkansas Gov. Sarah Sanders. Under the law, librarians could be imprisoned for up to a year for making available materials that are “harmful to minors.”

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The Fayetteville Public Library is listed first among 18 plaintiffs in the suit, which was filed today in the Fayetteville Division of the United States District Court.

The Central Arkansas Library System, which voted last week to join the suit, and the Eureka Springs Carnegie Public Library are the only other libraries listed as plaintiffs. CALS Executive Director Nate Coulter and Garland County Public Library Executive Director Adam Webb are named in their individual capacities.

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From the Associated Press

Act 372 forces bookstores and libraries to self-censor in way antithetical to their core purposes,” the lawsuit said.

EveryLibrary, a national political action committee, has said it’s tracking at least 121 proposals introduced in state legislatures this year targeting libraries, librarians, educators and access to materials. The group said 39 of those proposals would allow for criminal prosecution.

“This vaguely written and sweepingly broad directive leaves librarians and booksellers in Arkansas without a clear understanding of what they are legally obligated to do,” said Skye Perryman, president and CEO of Democracy Forward, one of the groups representing the coalition in the lawsuit. The American Civil Liberties Union is also representing the coalition.

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From the Arkansas Advocate

“Arkansas knows that it cannot directly prohibit libraries and booksellers from making books and other items available to their patrons and customers on such a sweeping basis, as its prior attempt to limit the availability of material deemed harmful to minors (in a nearly identical law) was struck down by an Arkansas federal court,” the complaint states.

The “nearly identical law” in question banned displays of reading material deemed “harmful to minors.” Sanders’ father, then-Gov. Mike Huckabee, signed the law in 2003, and it was struck down in 2004.

The lawsuit names the prosecuting attorneys in each of Arkansas’ 22 judicial districts as defendants. Crawford County and its county judge, Chris Keith, are also defendants in light of an ongoing conflict between county government and members of the public about the availability of certain library books, the complaint states.

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Additional Report

• From KARK: Libraries File Suit Against AR Over New Obscenity Law

Statements

• Joint Statement: Coalition of Publishers, Booksellers, Librarians and Readers File Suit to Defend Arkansas Citizens’ Right to Read (via AAP)
• From ALA: Freedom to Read Foundation Joins Coalition of Publishers, Booksellers, Librarians and Readers in Filing Suit to Defend Arkansas Citizens’ Right to Read

Resources

• Full Text of Act 372

Filed under: Associations and Organizations, Companies (Publishers/Vendors), Libraries, News, Patrons and Users, Public Libraries