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A federal judge has overturned an Arkansas law that would have allowed the prosecution of librarians and booksellers for providing sexually explicit materials to minors.
Judge Timothy Brooks, appointed during the Obama administration, determined the legislation was unconstitutionally vague and infringed upon both due process rights of library and bookstore professionals and First Amendment protections of their patrons. The law had proposed jail sentences of up to one year for violations.
“Federal Judge strikes down parts of Arkansas law intended to regulate library books – Talk Business & Politics” When our federal court system fails to allow common sense protections for our children – the courts fail miserably. @SarahHuckabee https://t.co/QdGLGIm063
— Jason Rapert (@jasonrapert) December 24, 2024
“The Court therefore concludes that Plaintiffs have established as a matter of law that Section 5 would permit, if not encourage, library committees and local governmental bodies to make censorship decisions based on content or viewpoint, which would violate the First Amendment,” Brooks wrote in the court’s opinion.
The legislation would have empowered elected officials to determine appropriate content for minors, prohibiting materials deemed sexually provocative or offensive for young audiences. Brooks criticized the law’s ambiguous language and questioned how it would apply to adult sections where minors might inadvertently encounter such content.
“The Bill of Rights to the United States Constitution guarantees the right of every American to speak freely and to receive speech,” Brooks wrote in the 2023 ruling. “This freedom of speech, codified in the First Amendment, is enjoyed by everyone—even children.”
In this video, we cover how a federal judge blocked Arkansas’s controversial law threatening librarians with jail over providing so-called “harmful” books to minors. pic.twitter.com/xEO6eqVYKO
— The Intellectualist (@highbrow_nobrow) December 24, 2024
The challenge was initiated by various library organizations, booksellers, and authors’ groups in 2023. Initially blocked by a preliminary injunction, the law has now been permanently struck down by Monday’s decision.
According to the Arkansas Advocate, Attorney General Tim Griffin intends to challenge the ruling through appeal.
This development comes as states across the country take differing approaches to youth content access. While Florida has moved to remove explicit materials from children’s libraries since 2022, Illinois has enacted legislation preventing such removals, highlighting the ongoing national debate over content regulation for minors.
