Fayetteville, Arkansas – A federal judge on Monday overturned key provisions of an Arkansas law that would have permitted criminal charges against librarians and booksellers for providing “harmful” items to children.
U.S. District Judge Timothy Brooks determined that certain provisions of the statute are unconstitutional.
“I respect the court’s ruling and will appeal,” Arkansas Attorney General Tim Griffin told The Associated Press.
The law would have established a new process for challenging library materials and requesting that they be transferred to areas inaccessible to children. Republican Gov. Sarah Huckabee Sanders signed the law in 2023, but an earlier order prevented it from taking effect while it was being contested in court.
“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,” the judge ruled.
A coalition, including the Central Arkansas Library System in Little Rock, had challenged the bill, claiming that fear of prosecution under the measure would lead libraries and bookstores to stop carrying items that may be challenged.
“This was an attempt to ‘thought police,’ and this victory over totalitarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation,” said Holly Dickson, executive director of the ACLU of Arkansas.
However, advocates of the legislation, known as Act 372, say they would continue to campaign for its adoption.
“Act 372 is just common sense: schools and libraries shouldn’t put obscene material in front of our kids,” Arkansas Gov. Sarah Huckabee Sanders told KATV-TV. “I will work with Attorney General Griffin to appeal this ruling and uphold Arkansas law.”
The decision comes as lawmakers in several conservative states advocate for legislation that would make it easier to ban or restrict access to books.
Several other states, including Iowa, Indiana, and Texas, have passed legislation that restricts access to particular information or makes it simpler to dispute them.
