The Alabama House of Representatives recently voted in favor of legislation that would hold librarians accountable under the state’s obscenity law for providing “harmful” materials to minors. The bill, sponsored by Republican Rep. Arnold Mooney, aims to protect children by expanding the definition of prohibited sexual conduct to include any “sexual or gender oriented conduct” at K-12 public schools and public libraries that exposes minors to provocative clothing or lewd activities. Under the bill, a librarian could face a misdemeanor charge for failing to remove material or cease conduct that violates the state’s obscenity law within seven days of receiving a written complaint.
Opponents of the bill argue that it could lead to the criminal prosecution of librarians based on community members’ disagreements with their decisions on books and programs. Craig Scott, president of the Alabama Library Association, expressed concern that the bill would undermine the existing procedures libraries have in place for reviewing content suitability and handling challenges from the public. Scott believes that if the bill becomes law, the state will face numerous lawsuits as a result. A similar law in Arkansas was temporarily blocked by a judge in July, preventing the enforcement of criminal charges against librarians and booksellers for providing “harmful” materials to minors.
Scott, who has worked in libraries since 1977, has witnessed a surge in book challenges related to LGBTQ content and gender identity. He noted that most book challenges are centered on topics such as gender identity, but they have also included books about a boy who wants to become a ballet dancer. Scott emphasized that libraries serve the entire community and strive to offer a diverse range of perspectives, yet there is pressure to censor materials that do not align with certain ideological beliefs. Republican Rep. David Faulkner, who helped draft a substitute version of the bill, argued that the legislation is not intended to have a widespread impact and only applies in cases where a librarian knowingly fails to address objectionable material.
Critics of the bill, including Democratic Rep. Neil Rafferty, raised concerns about the potential for the legislation to be used to target and harass individuals based on subjective interpretations of what constitutes provocative or inappropriate content. Rafferty views the bill as a violation of the First Amendment and fears that it could be easily abused if passed into law. Despite arguments for and against the legislation, it has gained traction in Alabama and is now set to be considered by the state Senate. The debate over the bill reflects broader tensions in Republican-led states over issues related to library content, LGBTQ representation, and freedom of expression.
