Ark., Republican Sullivan Calls Banning Of Classic Literature "Protecting" Children

By Tess Vrbin, Arkansas Advocate

February 20, 2023

An Arkansas Senate committee endorsed a bill Monday that would open the door to criminal liability for the distribution of “obscene” content by libraries.

The Senate Judiciary Committee voted along party lines to pass the bill after hearing testimony from only 16 of the 23 members of the public who signed up to speak for or against the bill.

Senate Bill 81 would remove schools and public libraries from the part of Arkansas state code that currently exempts them from prosecution “for disseminating a writing, film, slide, drawing, or other visual reproduction that is claimed to be obscene” under existing obscenity laws.

The state’s definition of obscenity is “that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest,” with prurient meaning overtly sexual.

Senate Bill 81 would not amend the definition of obscenity, but it would add the loaning of library materials to the statute governing the possession and distribution of obscene material.

Employees of public or school libraries who “knowingly” distribute obscene material or inform others of how to obtain it would risk conviction for a Class D felony, the bill states. Knowingly possessing obscene material would risk conviction of a Class A misdemeanor.

Anyone would be allowed to “challenge the appropriateness” of school or public libraries’ offerings and have them reviewed by a committee of five to seven people selected by school principals or head librarians. The committee would vote on whether to remove the material after hearing the complainant’s case in a public meeting, and a complainant could appeal the committee’s decision if the majority votes to reject the complaint.

Sen. Dan Sullivan (R-Jonesboro), the bill’s sponsor, said the policy would allow parents to be more aware of what their children are reading and protect children from sexually explicit content.

“We don’t let kids smoke, we don’t let kids drink, we don’t let them drive — the list can go on forever,” Sullivan said. “We protect children in this way. This bill seeks to add library material that’s inappropriate to that list of things the state of Arkansas is willing to do to protect our children.”

Eleven people, including several librarians, spoke against the bill. None of the five witnesses for the bill were librarians.

The bill does not account for children’s ability to decide what they do and don’t read, said Stephanie Sweeney, a librarian with the Craighead County Jonesboro Public Library.

“If they pick up a book and don’t like what’s inside, they can close it,” Sweeney said. “The book will not chase after them and yell the words out.”

Librarians are not supposed to be “gatekeepers” of content for any reason, including both the substance of the content and a potential reader’s age, she said.

Additionally, librarians could be charged with a Class A misdemeanor for sharing with parents what their children are checking out from the library, so they are not simply “refusing” to disclose this information, said Adam Webb, executive director of the Garland County Library System.

Sen. Clarke Tucker (D-Little Rock) asked Sullivan if the committees in charge of hearing complaints could make decisions on the appropriateness of materials based on criteria not established in state or federal law.

Sullivan said yes and added that libraries should already have policies to address this issue.

“I’m not trying to micromanage libraries,” he said.

Sullivan’s comment drew laughter from the audience, most of whom were against the bill. Chairman Sen. Gary Stubblefield (R-Branch) said anyone who disturbed the meeting would be removed from the committee room.

Stubblefield later halted debate after the meeting had been in progress for its planned two hours, even though five witnesses had not had the chance to speak. Two witnesses gave up their time so others could speak.

Tucker was one of two committee members to vote no on the bill. Vice Chair Sen. Stephanie Flowers (D-Pine Bluff) also voted no.

The Arkansas Advocate is a nonprofit, nonpartisan news organization dedicated to tough, fair daily reporting and investigative journalism that holds public officials accountable and focuses on the relationship between the lives of Arkansans and public policy. This service is free to readers and other news outlets.