A Republican-backed Arkansas bill The ability to file criminal charges against librarians and booksellers for providing “harmful” or “obscene” materials to minors was blocked by a federal judge in a ruling Monday that found some elements of the policy too vague and unconstitutional.
“The law turns librarians and booksellers into censors. “If motivated by fear of prison time, they are likely to set aside only books appropriate for young children and discard or discard the rest,” U.S. District Judge Timothy Brooks of the Western District of Arkansas wrote in his ruling.
Bill 372, signed last year by Republican Gov. Sarah Huckabee Sanders, would have opened new avenues to challenge supposedly age-appropriate library materials and demand their removal.
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An Arkansas law that would have criminalized providing inappropriate materials to minors has been challenged in court. (In Pictures Ltd./Corbis via Getty Images)
Brooks had previously temporarily blocked the law, according to local reportsjust days before it was set to take effect, but sided with 18 plaintiffs who this week claimed two key provisions of the law were too vague and violated First Amendment protections.
A separate report explained that Brooks objected to one of the law’s provisions because it gave anyone the power to challenge a library’s decision, including advocacy groups outside of Arkansas.
Section one, one of the provisions declared unconstitutional, would have imposed a penalty of up to one year in prison for librarians, booksellers, etc. who make inappropriate media “available” to minors.
Plaintiffs challenged sections one and five of Arkansas’ Act 372. (Fox News Digital)
Section five, the other provision under challenge, would have “prescribed a new procedure for libraries, city councils and county college courts to follow when considering a citizen’s request to move or remove a book from the permanent collection of a public library.” according to Brooks’ verdict.
Brooks believed The provision was too vague, particularly through the use of terms such as “appropriate” and because it did not contain clearer requirements for restricting access to books.
Arkansas Attorney General Tim Griffin told the Associated Press in a statement that he “respects the court’s decision” but plans to appeal.
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Fox News Digital reached out to the attorney general’s office for further comment but did not immediately receive a response.
The Associated Press contributed to this report.
