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Some citizens believe that librarians and booksellers should not sell “harmful” books to minors due to the potential negative impacts on a child’s mentality. For instance, books containing nudity or sexual content are deemed inappropriate for youths, and both parents and children may find such content offensive, leading to the argument that these books should only be accessible to adults.

The injunction acknowledged that Arkansas already has a law that makes it a crime to provide obscene materials to minors. However, it also grants protection to librarians and other professionals working in museums, libraries, or schools when distributing such material within the scope of their regular employment.

A state law was temporarily blocked on July 30, 2023, by a federal judge in Arkansas that would have made it a crime for librarians and booksellers to give “harmful” books to minors. Free-speech advocates had decried the law as a violation of individual liberties. Some citizens believed that librarians and booksellers should not sell “harmful” books to minors because it may hurt the mentality of a child. For example, if the book contained nudity or sexual content – an inappropriate concept for youths. Kids and their own parents may find it offensive, and it would only be right for adults to read those books.

However, banning certain books from children may leave librarians and booksellers with an impossible choice: to remove many books that may be very good, despite some of the content, or expose themselves to criminal charges or fines.

The injunction noted that Arkansas already has a law that makes it a crime to provide obscene materials to minors. However, librarians and other people working in museums, libraries, or schools were protected from prosecution even if they disseminated material “claimed to be obscene,” if they acted “within [their] regular employment.”

According to the injunction, Act 372, if librarians or booksellers were to get caught giving “harmful” books to children, the punishment could be up to one year in jail and a fine up to $2,500, removed the protection, signaling “a fundamental change in how librarians are treated under the law.”

Hayden Kirby, a 17-year-old resident of Little Rock, was a plaintiff. Kirby stated that the law would restrict the spaces many would’ve accessed freely throughout life, including herself.

“I want to fight for our rights to intellectual freedom and ensure that libraries remain spaces where young Arkansans can explore diverse perspectives,” Kirby said.

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