Judge blocks Arkansas law allowing librarians to be criminally charged over ‘harmful’ materials

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A federal judge has put a temporary halt on an Arkansas law that would impose criminal charges on librarians and booksellers for distributing materials deemed “harmful” to minors. U.S. District Judge Timothy L. Brooks granted a preliminary injunction against the law on Saturday, blocking its enforcement.

The controversial law, which was set to take effect on August 1, was signed by Republican Governor Sarah Huckabee Sanders earlier this year. It not only introduced criminal charges but also established a new procedure to challenge and relocate certain library materials, making them inaccessible to children.

The Central Arkansas Library System in Little Rock was among the parties that protested the law, arguing that the fear of legal repercussions could deter libraries and booksellers from carrying potentially disputable titles.

Despite attempts by the defendants, including state prosecuting attorneys, to have the case dismissed, the judge refused.

The ACLU of Arkansas, representing some of the plaintiffs, welcomed the court’s decision. They noted that if a preliminary injunction had not been put in place, it could have put First Amendment rights at risk.

Holly Dickson, the executive director of the ACLU in Arkansas, emphasized the importance of legal access to reading materials for the people of Arkansas and commended the judiciary for safeguarding these freedoms.

This lawsuit is part of a growing trend in conservative states where lawmakers are proposing laws that make it easier to ban or limit access to books. The American Library Association recorded the highest number of book banning or restriction attempts in the last two decades just last year. Other states such as Iowa, Indiana, and Texas have passed laws that restrict access to specific materials or facilitate their challenge.

The lawsuit in Arkansas has named the state’s 28 local prosecutors and Crawford County as defendants. A separate lawsuit is ongoing, opposing the decision of the Crawford County library to relocate children’s books with LGBTQ+ themes to a different section of the library.

Other plaintiffs challenging Arkansas’ restrictions include the Fayetteville and Eureka Springs Carnegie public libraries, the American Booksellers Association, and the Association of American Publishers.

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More about Arkansas library law injunction

• ACLU of Arkansas
• American Library Association
• American Booksellers Association
• Association of American Publishers
• Central Arkansas Library System