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U.S. District Court Judge Timothy Brooks on Monday (Dec. 23) issued an order striking down key provisions in Act 372, an attempt by the Arkansas Legislature to censor library books. Brooks in July 2023 issued an injunction blocking implementation of the act.
Arkansas Attorney General Tim Griffin said he respects the judge’s ruling, but plans to appeal.
Several Arkansas libraries, library associations, bookstore owners, and booksellers in early 2023 sued the state in an effort to overturn Act 372, which was set to become law on Aug. 1, 2023.
The lawsuit was also connected to an attempt by Crawford County officials to relocate certain books to a “social section.” U.S. District Court Judge P.K. Holmes III ruled in September against Crawford County in a First Amendment lawsuit regarding the removal and relocation of books largely because of objections from citizens to LGBTQ content.
Specifically, Act 372 creates a process for books to be challenged in public libraries, with library officials having the option to appeal the challenge with a local and/or city government. It also removes the exemption protecting librarians from criminal penalties if they are found to have knowingly provided certain materials to minors. Republicans who successfully pushed for Act 372 said the law was needed to protect minors from certain books, with many of the books mentioned being LGBTQ-related.
Plaintiffs in the lawsuit filed within the Fayetteville Division of the Western District Court of Arkansas include the Fayetteville Public Library, the Central Arkansas Library System, the Eureka Springs Carnegie Public Library, and the American Booksellers Association. Defendants listed include Crawford County Judge Chris Keith, members of the Crawford County Public Library Board, and all Arkansas prosecuting attorneys.
According to the plaintiffs, Act 372 limits access to constitutionally protected materials, violates constitutionally protected free speech, violates due process, and lacks a judicial review of decisions to ban or relocate library items.
Brooks, based in Fayetteville with the Western District of Arkansas, largely agreed with arguments set forth by plaintiffs that the law was vague and allowed unconstitutional censorship by library committees and local governments.
“Moreover, if a library committee or local governmental body elected to relocate a book instead of withdrawing it, Section 5 contemplates moving the book ‘to an area that is not accessible to minors under the age of eighteen (18) years’ – without defining what ‘accessible to minors’ means,” Brooks noted in part of his ruling. “If Section 5 were to take effect, libraries would have to guess what level of security would be necessary to satisfy the law’s ‘[in]accessib[ility]’ requirements. For all of these reasons, the Court finds that Section 5 fails the ‘stringent vagueness test’ that applies to a law that interferes with access to free speech.”
In another section of the ruling, Brooks noted: “The Court therefore concludes that Plaintiffs have established as a matter of law that Section 5 would permit, if not encourage, library committees and local governmental bodies to make censorship decisions based on content or viewpoint, which would violate the First Amendment.”
Gov. Sarah Sanders, who praised passage of Act 372, said she will work with Griffin on the appeal.
“Act 372 is just common sense: schools and libraries shouldn’t put obscene material in front of our kids. I will work with Attorney General Griffin to appeal this ruling and uphold Arkansas law,” Sanders said.
Holly Dickson, ACLU of Arkansas executive director, said the judge’s order “ensures that libraries remain sanctuaries for learning and exchange of ideas and information.”
“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,” she said in a statement.
Link here for a PDF of Brooks’ order.
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