A federal judge has struck down key parts of an Arkansas law that sought to criminalize the distribution of allegedly "harmful" or "obscene" materials to minors. The law, championed by Republicans, would have allowed criminal charges against librarians and booksellers. Judge Timothy Brooks of the Western District of Arkansas argued the law's vague language effectively deputized these professionals as censors, potentially leading them to prioritize only materials suitable for young children out of fear of prosecution.
Signed into law by Governor Sarah Huckabee Sanders, Act 372 aimed to streamline challenges against library materials deemed inappropriate for minors. However, Judge Brooks, who had previously issued a temporary injunction against the law, sided with plaintiffs who argued that two crucial provisions violated First Amendment rights. One provision granted broad authority to challenge library decisions, including to groups outside Arkansas. The other contained ambiguous terms like "appropriate" without clear guidelines for restricting access to books.
The contested section of the law would have imposed misdemeanor penalties, including jail time, on librarians and booksellers who provided inappropriate media to minors. Judge Brooks' ruling highlighted the lack of clarity in defining what constitutes "inappropriate" material. Arkansas Attorney General Tim Griffin, while respecting the court's decision, indicated his intention to appeal.
An Arkansas law that would have criminalized making inappropriate materials available to minors faced challenges in court. (In Pictures Ltd./Corbis via Getty Images)
Plaintiffs challenged sections one and five of Arkansas' Act 372. (Fox News Digital)
