HB1028
To Amend Provisions Of The Law Concerning Obscenity And The Process For Challenging Materials Included In A Library; And To Require A Library To Have A Policy Prohibiting Book Banning In Order To Receive State Funding.
AI-Generated Summary
This bill proposes several amendments to Arkansas law concerning libraries and obscenity. It repeals the offense of "Furnishing a harmful item to a minor." Additionally, it amends provisions within the criminal code related to obscenity to provide certain defenses for employees, directors, or trustees of bona fide schools, museums, or public libraries acting within their scope of employment when disseminating materials claimed to be obscene. The bill also mandates that to receive state funding, public libraries must implement a written policy that explicitly prohibits book banning. Furthermore, it amends the law regarding the selection, relocation, removal, and retention of materials in school districts' media centers and county or municipal libraries. These amendments establish a detailed process for challenging materials, including required conferences, committee reviews, and appeal procedures, with the aim of ensuring materials are not withdrawn solely based on viewpoints and are reviewed in their entirety. Finally, it modifies provisions concerning the information a library may disclose.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill appear to be public libraries, school libraries, and their patrons. By repealing the offense of "Furnishing a harmful item to a minor" and providing defenses for library personnel regarding obscenity, the bill could offer greater protection to librarians and educational institutions in their selection and dissemination of materials. The requirement for libraries to have a written policy prohibiting book banning in order to receive state funding directly benefits libraries by incentivizing policies that protect intellectual freedom and broad access to information. The detailed procedures for challenging materials, which emphasize reviewing materials in their entirety and not removing them solely based on viewpoints, are designed to benefit patrons by ensuring continued access to a diverse range of materials. School-aged children and the general public who utilize these libraries are also indirect beneficiaries, as the bill aims to foster an environment less prone to censorship.
Who Might Suffer?
Entities that might be negatively impacted by this bill include those who advocate for stricter controls on materials accessible to minors or who seek to remove specific content from libraries based on perceived obscenity or harm. The repeal of the "Furnishing a harmful item to a minor" offense could be seen as detrimental by individuals or groups concerned about the availability of such materials to children. The new requirements for libraries to adopt policies prohibiting book banning and the detailed, multi-step process for challenging materials might be perceived as burdensome or as a barrier to their desired outcomes by those seeking to limit access to certain books or information. Additionally, the amendments to obscenity laws, while providing defenses for library personnel, could be viewed by some as weakening existing regulations designed to protect minors from obscene content. Furthermore, if state funding is contingent on adopting a "no book banning" policy, libraries that previously had more restrictive policies might face a choice between adopting the new policy or losing funding, potentially impacting their operations.