A federal judge has invalidated parts of an Arkansas law that could have led to imprisonment for librarians and booksellers who provided materials deemed harmful to minors. The ruling, issued by Judge Timothy Brooks of the U.S. District Court in the Western District of Arkansas, is expected to be appealed.
Judge Brooks' decision on Monday represents a temporary victory for librarians and booksellers, who argued that the law would create a chilling effect, allowing anyone to object to any book and pursue criminal charges against those who provided it. Holly Dickson, executive director of the American Civil Liberties Union of Arkansas, described the ruling as a stand against censorship.
In response, Governor Sarah Huckabee Sanders expressed her intention to appeal the ruling, asserting that schools and libraries should not present obscene material to children.
The law, known as Act 372, was passed by Republicans in 2023 and is part of a broader trend among conservative states to restrict access to certain books, particularly those addressing race and LGBTQ issues. An earlier ruling in July 2023 had already blocked parts of the law from taking effect while it faced legal challenges.
Act 372 mandated that materials considered harmful to minors be placed in a separate “adults only” area and removed protections for librarians and educators from prosecution for providing educational materials that some might find objectionable. It also established penalties, including a misdemeanor charge punishable by up to a year in prison, for distributing harmful items to minors.
Judge Brooks characterized portions of the law as “unconstitutionally overbroad,” suggesting that it would effectively make librarians and booksellers agents of censorship. He noted that fear of jail time could lead them to limit their selections to only those books suitable for young children.
Additionally, Judge Brooks indicated that Section 5 of the law would censor books that are constitutionally protected for adults. Some less consequential sections of the law, such as allowing parents to monitor their child's library records, have already gone into effect.
State Senator Dan Sullivan, who sponsored the bill, defended the legislation, arguing that it was necessary to prevent teachers and librarians from providing obscene material to children.
Ben Seel, senior counsel for Democracy Forward, which represented several Arkansas library associations, criticized the law for being overly broad and vague, suggesting it would force librarians to create segregated spaces to avoid legal repercussions.
Earlier this year, PEN America reported that over 10,000 books were removed from public schools during the 2023-24 school year, nearly three times the number from the previous year. This surge in book bans has been fueled by conservative groups advocating for parental rights, often targeting materials described as sensitive or inappropriate.
Critics have noted that the books most frequently targeted for removal often feature themes related to Black or LGBTQ individuals. Similar legislative actions have been observed in other states, such as Iowa and South Carolina, where new laws restrict the presence of books depicting sexual acts or conduct in public schools.