Fort Smith, ARK — A federal judge has ruled against key provisions of an Arkansas law that sought to criminalize the provision of “harmful” materials to minors by librarians and booksellers, declaring parts of it unconstitutional. The ruling, issued on Monday by U.S. District Judge Timothy Brooks, blocks the implementation of significant portions of the controversial law, which was signed by Governor Sarah Huckabee Sanders in 2023.
The law had aimed to create a new framework for challenging library materials, with the possibility of relocating certain books to areas less accessible to children. It also proposed criminal charges against librarians and booksellers who provided materials deemed harmful to minors. However, the law had been temporarily blocked from taking effect while it was being challenged in court.
Judge Brooks expressed concerns that the law could result in widespread censorship, writing in his ruling that it “deputizes librarians and booksellers as the agents of censorship.” He warned that the fear of criminal prosecution could lead to these professionals restricting access to a broad range of books, ultimately shelving only those deemed suitable for young children. The judge noted that this could result in libraries and booksellers either segregating or discarding books that could be subject to challenges under the law.
The ruling was a significant victory for those who opposed the law, including the Central Arkansas Library System, which argued that the measure would have a chilling effect on the availability of diverse materials in libraries and bookstores. The plaintiffs in the case contended that fear of prosecution could force librarians and booksellers to limit the titles they carry, stifling access to literature that could be challenged based on its content.
Arkansas Attorney General Tim Griffin, who supported the law, expressed his disagreement with the decision and announced plans to appeal. “I respect the court’s ruling and will appeal,” Griffin said in a statement to The Associated Press.
The law, which had sparked national debates over the boundaries of free speech and the rights of minors, had been closely watched as part of a broader trend of legislative efforts across the country aimed at limiting access to certain types of books, particularly those addressing LGBTQ+ issues and racial topics.
As the legal battle continues, the future of the law remains uncertain, with many advocates for free speech and access to information hoping the court’s ruling will set a precedent against similar measures nationwide.