Fayetteville, Ark. – A federal judge on Monday struck down key parts of an Arkansas law that allowed criminal charges against librarians and booksellers for providing “harmful” materials to minors.
U.S. District Judge Timothy Brooks found elements of the law unconstitutional.
“I respect the court's decision and will appeal,” Arkansas Attorney General Tim Griffin said in a statement to The Associated Press.
The legislation would have created a new process to challenge library materials and request that they be moved to areas out of reach of children. The measure was signed into law by Republican Governor Sarah Huckabee Sanders in 2023, but an earlier decision called for It was temporarily blocked from taking effectWhen it was being challenged in the court.
Brooks wrote in his decision, “The law deputizes librarians and booksellers as agents of censorship; when motivated by the fear of jail time, it is likely that they will withhold books suitable only for young children.” and will separate or discard the rest.”
A coalition that included the Central Arkansas Library System in Little Rock challenged the law, saying that the fear of prosecution under the measure might motivate libraries and booksellers to no longer carry titles that could be challenged. Can.
Holly Dixon, executive director of the ACLU of Arkansas, said, “This was an effort of 'thought policing,' and this victory over authoritarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation. ”
But supporters of the law, known as Act 372, say they will continue to fight for its implementation.
“Act 372 is just common sense: Schools and libraries should not be exposing our children to obscene material,” Arkansas Governor Sarah Huckabee Sanders said in a statement to KATV-TV. “I will work with Attorney General Griffin to appeal this decision and uphold the Arkansas law.”
The decision comes as lawmakers in some conservative states are pushing measures to make it easier to ban books or restrict access to them.
Several other states, including Iowa, Indiana, and Texas, have enacted laws restricting access to certain materials or making it easier to challenge them.