Key parts of Arkansas law criminalizing librarians struck down in court

Fayetteville, Arkansas - A federal judge has struck down as unconstitutional parts of an Arkansas law criminalizing librarians in a victory for free expression.

A federal judge has struck down key provisions of a law that would have imposed criminal penalties on librarians and booksellers who provide access to materials dubbed "harmful to minors."
A federal judge has struck down key provisions of a law that would have imposed criminal penalties on librarians and booksellers who provide access to materials dubbed "harmful to minors."  © 123RF/pkproect

Arkansas Act 372, signed into law last year by Republican Governor Sarah Huckabee Sanders, sought to impose criminal penalties on librarians and booksellers who provide access to materials dubbed "harmful to minors."

The law would have required local elected officials to establish oversight boards to review challenged materials, raising fears of government censorship.

US District Judge Timothy Brooks this week determined provisions of the law to be in violation of the First and Fourteenth Amendments of the US Constitution.

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"The law deputizes librarians and booksellers as the agents of censorship; when motivated by the fear of jail time, it is likely they will shelve only books fit for young children and segregate or discard the rest," Brooks wrote in his ruling.

ACLU of Arkansas Legal Director John Williams celebrated the decision in a statement, saying, "This ruling reaffirms what we have said all along – Act 372 is a dangerous and unconstitutional attack on free expression."

"Our libraries and bookstores are critical spaces for learning, exploration, and connection," Williams added. "By striking down these provisions, the court has safeguarded the right of every Arkansan to access ideas and information without fear of censorship or prosecution."

Cover photo: 123RF/pkproect

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