A federal appeals court has ruled that an Arkansas law restricting minors’ access to sexually explicit library materials is constitutional, prompting outrage from library advocacy groups who argue the measure amounts to censorship and could lead to librarians being prosecuted for doing their jobs.
The ruling from the Eighth U.S. Circuit Court of Appeals allows Arkansas to enforce a law that imposes criminal penalties on librarians who knowingly provide sexually explicit content to minors. Arkansas Attorney General Tim Griffin said the decision lets the state enforce a law that “protects children from obscene materials while increasing accountability for public-library curation decisions.”
The American Civil Liberties Union of Arkansas vowed to “continue fighting attempts to censor books and restrict the freedom to read,” and Book Riot’s Kelly Jensen claimed librarians will be “arrested for doing their jobs.” Jensen, a former librarian who writes books about gender identity and what she calls “our radical anatomy” for minors, also blamed the controversy on “white supremacy.”
What the Law Targets
The Arkansas law does not ban books outright or prohibit older teens from accessing material about gender identity or sexual orientation. Instead, it focuses on sexually explicit content and restricts minors’ access to it. Supporters of the law say it is aimed at books like “Sex Is a Funny Word,” a sex education book written for children aged eight to ten. The book promotes a non-binary view of gender, telling readers, “Having a penis isn’t what makes you a boy. Having a vulva isn’t what makes you a girl.” It also introduces children to masturbation, referring to it as a “magic touch” that “can make a hard day a bit easier.”
Because the law targets books with sexually explicit material, it does not ban books like “Sex Is a Funny Word” or “Two Boys Kissing” for adults. Both remain widely available at bookstores and online, including on Amazon, supporters note. The law simply asks whether a public school library should recommend such books to eight-year-olds, and whether a librarian should introduce a third grader to concepts like applying lube or performing oral sex.
Library Lobby’s Longstanding Stance
The American Library Association (ALA) has been a longtime supporter of keeping sexually explicit material in school libraries and has endorsed voices like Jensen. The ALA acknowledges the Arkansas law is meant to “protect younger minors.” Its official position, dating back to the 1960s, is that no “political or governmental body is qualified to determine what one person should or should not read.” That stance has led the ALA to defend the distribution of such books to minors, and even to suggest that Playboy or Hustler magazines could be stocked in school libraries, according to critics.
But the ALA’s position is at odds with public opinion, according to polling. Most Americans oppose book bans in general, but they also support age restrictions on books. At least 85% of Americans believe some books are inappropriate for young children, and 90% say sexually explicit content has no place in school libraries, even if it is not banned from society at large. Nearly 90% also say it is important that public schools inform parents about what is being taught to their children.
Parents have increasingly argued for parental consent requirements for students to access age-relevant but potentially sensitive material. The law reflects that concern, and the 8th Circuit’s ruling is a victory for those who believe parental involvement in children’s reading material is paramount.
Culture War Continues
The Arkansas case is part of a broader culture war over library content. Activists on both sides see the ruling as significant. Supporters of the law say it is a necessary step to protect children from obscene material. Opponents, including the ACLU and the ALA, view it as an attack on intellectual freedom and librarians’ professional judgment.
Dan Kleinman, who runs educational services firm SafeLibraries and serves as executive director of the World Library Association, an alternative to the ALA, said the Arkansas ruling is “a small win for parents, but not an ultimate victory.” He argued that “because of America’s library lobby, there will be no peace for parents anytime soon.”
The decision is likely to be appealed, and similar measures are being considered in other states. The outcome could have significant implications for how libraries stock their shelves and how parents interact with schools.
Source: www.dailywire.com — https://www.dailywire.com/news/librarians-are-angry-they-cant-keep-shelves-stocked-with-sexually-explicit-kids-material