Legislators in Alabama approved a law that might lead to librarians being prosecuted under the state’s obscenity law for giving minors “harmful” materials.
The billThe bill, passed 72-28 by the Alabama House of Representatives, will now progress to the state Senate. It eliminates current exceptions for public libraries in the state’s obscenity law and is part of a broader nationwide campaign to prohibit books.
The legislation will also broaden the definition of sexual conduct banned at public K-12 schools or public libraries to cover any “sexual or gender oriented conduct” that may expose minors to people wearing “sexually revealing, exaggerated, or provocative clothing or costumes, or engaging in lewd or lascivious dancing, presentations, or activities.”
If enacted, any librarian who breaks the law could face a misdemeanor charge.
Individuals who believe public schools or libraries are violating the law can submit written notice of the violation to the organization’s leaders and the district attorney in the county.
Opponents of the bill argue that it will enable anyone who disagrees with a librarian’s content choices to threaten criminal prosecution on a whim, according to The Associated Press. State Rep. Chris England, a Democrat from Tuscaloosa, stated during the debate that the process “will be manipulated and used to arrest librarians that you don’t like, and not because they did anything criminal,” the AP noted.
State Rep. Neil Rafferty, a Democrat from Birmingham, expressed concerns that the bill is likely to be misused and violates the First Amendment. Republican state Rep. David Faulker mentioned that “it’s only a misdemeanor” and librarians would only face consequences if they didn’t address the content after becoming aware of it.
The law would take effect on Oct. 1, 2024 if approved by the state Senate and signed by Gov. Kay Ivey (R-Ala.).
This legislation aligns with a nationwide push to limit books and other materials depicting LGBTQ+ communities. According to Republican state Rep. Arnold Mooney, the bill’s sponsor, the bill is an attempt to safeguard children.
Mooney stated during the debate, “It is not a Democrat bill. It’s not a Republican bill. It’s a people bill to try to protect children,” the AP reported.
The Associated Press contributed.
Lawmakers in Alabama passed legislation that could lead to the prosecution of librarians under the state’s obscenity law for providing minors with “harmful” materials. The bill, approved 72-28 by the Alabama House of Representatives, will now move to the state Senate. It removes existing exemptions for public libraries in the state’s obscenity law and is…