A federal judge in Arkansas has issued a temporary block on Act 372, a state law that aimed to criminalize giving minors materials considered “harmful”, requires a committee of library staff that were selected by head librarians, that will review books and decide whether they are harmful or not. This decision was met with celebration from free-speech advocates who viewed the law as a violation of liberties.
Act 372 was scheduled to take effect on Tuesday, but U.S. District Judge Timothy L. Brooks granted a preliminary injunction on Saturday. The judge’s ruling came in response to a lawsuit filed by bookstores, libraries, and patrons in the state, who argued that certain provisions of the law were unconstitutional, and that the act prevented librarians from offering books to the community.
Supporters of the law claimed that the purpose of their law was to “protect” children from “harmful” books. Advocates for this law also say it will protect children from indoctrination and concerns about the teaching of race, gender, and racism in US history.
The prosecutors in the case stated that the law put librarians and booksellers in a difficult position, forcing them to choose between removing offensive materials from their shelves, creating adult-only spaces for those materials, banning minors from their establishments altogether, or facing criminal charges and fines.
Judge Brooks agreed with the prosecutors, stating that the law would allow library committees and local government bodies to make censorship decisions based on content or viewpoint, which would violate the right to free speech as protected by the Constitution. He also found mistakes with the state’s definition of “harmful” materials, deeming it overly vague and drawing a comparison to the dystopian novel “Fahrenheit 451,” where authorities burn books to limit access to knowledge.
Among the prosecutors was Hayden Kirby, a 17-year-old resident who frequents the Central Arkansas Library System. Kirby expressed concerns that the law would limit her access to spaces she had freely explored throughout her life and emphasized the importance of defending intellectual freedom in libraries, allowing young Arkansans to engage with diverse perspectives.
Act 372 was scheduled to take effect on Tuesday, but U.S. District Judge Timothy L. Brooks granted a preliminary injunction on Saturday. The judge’s ruling came in response to a lawsuit filed by bookstores, libraries, and patrons in the state, who argued that certain provisions of the law were unconstitutional, and that the act prevented librarians from offering books to the community.
Supporters of the law claimed that the purpose of their law was to “protect” children from “harmful” books. Advocates for this law also say it will protect children from indoctrination and concerns about the teaching of race, gender, and racism in US history.
The prosecutors in the case stated that the law put librarians and booksellers in a difficult position, forcing them to choose between removing offensive materials from their shelves, creating adult-only spaces for those materials, banning minors from their establishments altogether, or facing criminal charges and fines.
Judge Brooks agreed with the prosecutors, stating that the law would allow library committees and local government bodies to make censorship decisions based on content or viewpoint, which would violate the right to free speech as protected by the Constitution. He also found mistakes with the state’s definition of “harmful” materials, deeming it overly vague and drawing a comparison to the dystopian novel “Fahrenheit 451,” where authorities burn books to limit access to knowledge.
Among the prosecutors was Hayden Kirby, a 17-year-old resident who frequents the Central Arkansas Library System. Kirby expressed concerns that the law would limit her access to spaces she had freely explored throughout her life and emphasized the importance of defending intellectual freedom in libraries, allowing young Arkansans to engage with diverse perspectives.
