A federal court has ruled to uphold a lower court’s decision to block parts of a law regulating libraries. As Josie Lenora with Little Rock Public Radio reports, the Arkansas state legislature approved Act 372 in 2023. Provisions of the legislation would criminalize librarians for offering book materials that are deemed “harmful to minors.” More specifically, it spells out a ban on a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse.
This measure came amidst a statewide push to remove and relocate books in state libraries discussing social issues or LGBTQ+ themes. According to the law, a panel of persons appointed by head librarians would assess disputed material and cast votes in a public hearing on whether it should be maintained on access to the public or transferred to a section of the library unavailable to individuals below the age of 18.
The lawsuit, brought by several libraries, patrons and bookstores, contends the language in Act 372 was overly vague and could invite content discrimination. Last year, U.S. District Judge Timothy Brooks in Northwest Arkansas struck down the more controversial parts of the law saying it amounted to book banning.
On Monday, Judge Brooks upheld his July 2023 temporary block days before the law would have gone into effect. Brooks’ 37-page ruling said the law did not define basic terms, was too broad, and violated the due process rights of librarians.
However, Act 372 advocates argue the legislation is intended to protect children from "indoctrination." Their concerns extend to the teaching of race and racism in US history, sexual preference, and gender identity as well.
Arkansas Attorney General Tim Griffin said he respects the judge’s ruling, but plans to appeal.
