A bill advanced by the Arkansas Senate Judiciary Committee Monday could criminalize library employees who “distribute obscene materials,” and require schools to create a committee to review challenged books.
Contrary to state law, Senate Bill 81 would also allow parents to look at their children's book checkout history. Republican Sen. Dan Sullivan, the bill’s sponsor, said he felt it was a common-sense measure.
“We don't let kids smoke we don't let kids drink, we don't let them drive,” he said. “This book seeks to add library material that's inappropriate to that list of things.”
Sullivan said prosecutors would be responsible for deciding whether to take a library obscenity case before a judge.
The bill received pushback from Democratic lawmakers on the committee, particularly Sen. Clarke Tucker, who said it lacked language clarifying what is and isn't “obscene.” The bill says a book “shall not be withdrawn solely for the viewpoints” but allows school districts to set up their own committees to decide if a book is obscene for any other reason.
“There are materials that I think everyone will agree are obscene,” Tucker said. “There is material that everyone will agree should not be in the hands of children. There is an area in between, and different people will have different opinions about whether that's obscene or not. And the question is, who makes that decision about that middle area?”
Tucker said this could potentially give too much power to people who may not have legal training. The bill now goes to the full Senate for consideration.
