Federal Judge Strikes Down Portions of Arkansas Book Ban Law as Unconstitutional

 

A federal judge has ruled that sections of Arkansas Act 372, a controversial law that sought to impose criminal penalties on librarians and booksellers for distributing material deemed "harmful" to minors, violate the Constitution.

The law, signed by Republican Governor Sarah Huckabee Sanders in 2023, had sparked significant opposition, culminating in a lawsuit filed by organizations including the Central Arkansas Library System (CALS) and the ACLU of Arkansas. The plaintiffs argued that the law was vague, overly broad, and would discourage librarians from performing their duties due to fear of legal repercussions.

The judge struck down two sections of Act 372:

1. Criminal Penalties for Providing "Harmful" Material: These provisions would have made it a misdemeanor offense for librarians or booksellers to provide material considered harmful to minors.
2. Local Oversight Boards for Censorship: The law required local governments to establish boards to review and potentially restrict access to challenged materials, which critics argued gave local officials unchecked power to censor content arbitrarily.

Governor Sanders has defended the law as necessary to protect children, describing it as "common sense" legislation. In response to the ruling, she stated her intent to work with Attorney General Tim Griffin to appeal the decision.

"Schools and libraries shouldn’t put obscene material in front of our kids," Sanders said.

Nate Coulter, executive director of CALS, celebrated the ruling as a crucial win for librarians and the public.

“This ruling protects our librarians from prosecution for doing their jobs and ensures that local officials cannot arbitrarily censor library materials," Coulter said.

The court’s decision echoes a 2004 case in which a similar Arkansas law requiring the concealment of materials deemed "harmful to minors" was also struck down as unconstitutional.

The ruling highlights ongoing debates over book bans and censorship in the U.S. While proponents argue for safeguarding children, critics warn that such laws infringe on free speech and intellectual freedom.

For now, Arkansas libraries and booksellers can continue their work without the looming threat of criminal charges, but the case may not be over as state officials prepare to appeal the decision.