LEGAL ISSUES
The Creeping Criminalization of Librarianship
by Tom Gaylord
Access to (or the reverse, banning of) books has been an issue since long before Ray Bradbury was writing about it, but we have come to a moment that is potentially more problematic than we have experienced before. As of this writing, Louisiana House Bill 777 is in the House Committee on Municipal, Parochial and Cultural Affairs (yes, that is how they style it—insert shrug emoji here). Unlike the recent 3-year spate of attempts to ban books, this bill takes a significant step forward. It aims to prohibit librarians from joining ALA or supporting the organization in any way with public funds. A violation of the bill, as currently written, could result in a criminal conviction carrying a fine up to $1,000 and up to 2 years of incarceration, potentially including hard labor. Yes, let us sentence some information providers to hard labor, why don’t we?
Meanwhile, in Idaho, Governor Brad Little has signed into law an act that allows public library patrons to petition to have books that they deem offensive removed from the shelves or, at the least, put out of the reach of minors. Once such a petition is made, the library has 60 days to either remove the book completely or move it to a restricted area, or it will face a potential lawsuit by the patron who filed the petition. If the petitioner files suit and wins for failure to comply with the act, they receive a $250 bounty. Welcome to Idiocracy.
And while those two are among the most egregious examples of hostile library legislation, ALA is currently—as of this writing—tracking 103 pieces of state legislation that it describes as having adverse consequences for libraries, including their patrons. So far, during the 2024 state legislative sessions, 23 states have not introduced a bill with adverse consequences for libraries. But that leaves a majority 27 states that have. This ranges from eight states that have introduced a single adverse bill to Tennessee, which has introduced no fewer than 15. Let us take a look at some of this legislation.
BILLS THAT ARE CURRENTLY PENDING
To me, anyway, the pieces of legislation that provide the largest existential threat to libraries and librarians are the ones that allow for a private cause of action for library patrons against libraries or, especially, individual librarians. Even worse are those that potentially submit librarians to criminal penalties. So, we can start with those bills. (All bills discussed herein were pending at the time of this writing; some may die in the legislature by the time of publication. All are available via the ALA link in the sidebar).
Alabama has two pending: one that would make the provision of “sexual content” to minors by schools or libraries a public nuisance and another that prohibits affiliation with ALA and also allows parents or guardians to bring a cause of action for provision of banned content, including materials on “gender ideology.” Both bills are in committee. An Arizona bill would make it a Class 5 felony for a library employee to refer “any sexually explicit” material to a minor. It has passed the House and is pending in the Senate.
Georgia has a pending bill, like Louisiana’s, which would also prohibit acceptance and use of ALA funds. A pending Minnesota bill would grant a cause of action if “obscene material” is distributed to a minor younger than 17. In this case, the plaintiff can get at least $1,000 or “actual damages,” as well as injunctive relief. In the Minnesota bill, however, there is not currently a cause of action against individual librarians.
A pending Missouri bill explicitly bans any depiction of masturbation, among other acts of a sexual nature, and applies directly, and only, to public and private primary and secondary schools. It includes librarians among the officials to whom the bill is directed. Violation of the act, if passed, would constitute a Class A misdemeanor. Is this any better than just outright banning all Judy Blume books?
Oklahoma currently has two pending bills that ban affiliations with ALA, including one titled the “Opposition to Marxism and Defense of Oklahoma Children Act of 2024.” Welcome to the 2020s, Senator McCarthy. Tennessee, leading the nation with its 15 anti-library bills pending, has two that would create private rights of action against local school boards for violating a 2022 law against providing non-age-appropriate materials to minors.
AN INFORMED SOCIETY
I have really only scratched the surface here, and there are many additional bills under consideration that have other consequences that are not helpful in contributing to an information society—i.e., an informed society. Furthermore, obviously, not all of these bills will pass, and some of the 103 currently being tracked have already died, be it because the legislature could not muster the votes or simply just that cooler heads prevailed.
I am generally not one to trumpet for a big call to arms, but I can only hope that the current appetite for attacking science, libraries, information, and education does not continue. People need to realize where that road leads. |
