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AND Republican-backed Arkansas law allowing criminal charges to be filed against librarians and bookstores 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 replaces librarians and bookstores as agents of censorship; when motivated by the fear of prison, they are likely to put on the shelves only books suitable for young children and separate or reject the rest,” said U.S. District Judge Timothy Brooks of Western. The District of Arkansas wrote in its ruling.
Bill 372, signed last year by Republican Gov. Sarah Huckabee Sanders, would establish new ways to challenge allegedly inappropriate library materials and request their removal.
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An Arkansas law that would have criminalized making inappropriate material available to minors has faced challenges in court. (In Pictures Ltd./Corbis via Getty Images)
Brooks previously temporarily blocked the bill, according to local reportsjust days before it was due to take effect, but this week sided with 18 plaintiffs who suggested two key provisions of the law were too vague and violated First Amendment protections.
Special report said Brooks was referring to a provision of the bill that gave anyone the power to challenge the library’s decision, including interest groups outside of Arkansas.
The first article, which was one of the provisions declared unconstitutional, provided for a misdemeanor penalty of up to one year in prison for librarians, booksellers, etc. which make inappropriate media “available” to minors.
Plaintiffs challenged sections one and five of Arkansas Rule 372. (Fox News Digital)
Section five, the second challenged provision, would mandate “a new procedure that libraries, city councils and county courts should follow when evaluating a citizen’s request to move or remove a book from a public library’s permanent collection,” according to the Brooks ruling.
Brooks believed the provision was too vague, in particular the use of terms such as “appropriate” and the lack of clearer requirements for restricting access to books.
Arkansas Attorney General Tim Griffin told The Associated Press in a statement that he “respects[s] court 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 hear back.
The Associated Press contributed to this report.
