Judge blocks provisions of Arkansas law allowing criminal charges against librarians
A Republican-backed Arkansas law allowing criminal charges to be pressed against librarians and booksellers for providing “harmful” or “obscene” materials to minors was blocked by a federal judge in a Monday ruling that declared some elements of the policy too vague and unconstitutional.
“The law deputizes librarians and booksellers as the agents of censorship; 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,” U.S. District Judge Timothy Brooks of the Western District of Arkansas wrote in his ruling.
Act 372, signed by Republican Gov. Sarah Huckabee Sanders last year, would have established new avenues for challenging allegedly age-inappropriate library materials and requesting their removal.
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An Arkansas law that would have criminalized making inappropriate materials available to minors faced challenges in court. (In Pictures Ltd./Corbis via Getty Images)
Brooks had previously blocked the law on a temporary basis, according to local reports, mere days before it was slated to take effect, but sided with the 18 plaintiffs who suggested two key provisions of the law were too vague and violated First Amendment protections this week.
A separate report stated Brooks took issue with one of the law’s provisions because it granted anyone the authority to challenge a library’s decision, including interest groups outside of Arkansas.
Section one, which was one of the provisions ruled unconstitutional, would have imposed a misdemeanor penalty of up to one year in jail for librarians, booksellers, etc. who make inappropriate media “available” to minors.
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Plaintiffs challenged sections one and five of Arkansas’ Act 372. (Fox News Digital)
Section five, the other contested provision, would have mandated “a new procedure for libraries, city councils, and county quorum courts to follow when evaluating a citizen’s request to move or remove a book from a public library’s permanent collection,” according to Brooks’ ruling.
Brooks believed the provision was too vague, particularly through its use of terms like “appropriate” and for not providing clearer requirements for restricting book access.
Arkansas Attorney General Tim Griffin told the Associated Press in a statement that he “respect[s] the court’s ruling” but plans to appeal.
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Fox News Digital reached out to the attorney general’s office for further comment, but did not immediately hear back.
The Associated Press contributed to this report.
