In a move that has drawn significant attention and controversy, Alabama’s House of Representatives recently advanced legislation that could make librarians subject to prosecution under the state’s obscenity law for providing “harmful” materials to minors. The bill, which passed the House by a significant margin of 72-28, is now in the hands of the Alabama Senate. This legislative effort arrives amid an increase in challenges to library content, particularly around LGBTQ themes, and is seen as part of a broader set of initiatives in Republican-led states targeting libraries.
The bill, touted by its Republican proponents as an attempt to protect children, does away with the longstanding exemption that shielded public libraries from the effects of Alabama’s obscenity law. Rep. Arnold Mooney, the Republican sponsor of the bill, stated during the debate, “This is an effort to protect children. It is not a Democrat bill. It’s not a Republican bill. It’s a people bill to try to protect children.”
However, the bill’s broad expansion of what constitutes prohibited “sexual conduct” — encapsulating any “sexual or gender oriented conduct” at K-12 public schools or public libraries that “exposes minors to persons who are dressed in sexually revealing, exaggerated, or provocative clothing or costumes, or are stripping, or engaged in lewd or lascivious dancing, presentations, or activities.”
Librarians could find themselves facing misdemeanor charges if, after receiving a written complaint, they fail to remove the material or stop the conduct deemed to violate the law within a seven-day window.
Critics, including Democratic Rep. Chris England, have argued that the bill could be exploited to target librarians not because of criminal activity but due to personal content disputes. “This process will be manipulated and used to arrest librarians that you don’t like, and not because they did anything criminal. It’s because you disagree with them.
The Alabama Library Association has already voiced strong objections to the bill. Craig Scott, the Association’s president, expressed concern over the bill’s implications for librarians and the potential for a string of legal challenges, “Why are they coming into libraries or thinking that they can come in and run the place better than us as professionals?” Scott said in a phone interview. He predicted the state will lose “lawsuit after lawsuit” if the bill becomes law.
The bill is also feared to have a chilling effect on freedom of speech, with some lawmakers, such as Rep. Neil Rafferty, cautioning that it could potentially criminalize a person dressed up for a Halloween costume or wearing summer clothing considered too revealing. “I feel like this is a violation of the First Amendment, and it’s easily going to be abused,” Rafferty remarked.
Despite these concerns, Republican Rep. David Faulkner, who contributed to a revised version of the bill, dismissed the idea of wide-ranging impacts, asserting that courts have long defined what constitutes obscene material. The revised bill limits when prosecutions could occur, “It’s only going to be a misdemeanor, and it’s only if, after knowing about the material, they didn’t do anything about it,” he said.
Relevant articles:
– Alabama lawmakers advance bill that could lead to prosecution of librarians, apnews.com, 04/27/2024
– Alabama House passes bill that could lead to prosecutions of librarians • Alabama Reflector, Alabama Reflector, Thu, 25 Apr 2024 18:33:55 GMT
– Alabama Bill Would Criminalize Librarians Who Allow ‘Material Harmful to Minors’, Reason, Fri, 26 Apr 2024 17:32:29 GMT
– Bill that could lead to prosecution of librarians advances in Alabama House, The Hill, Fri, 26 Apr 2024 01:58:00 GMT