Federal court clears Arkansas law potentially criminalizing librarians

WALNUT RIDGE, Ark. (KAIT) - An Arkansas law that could put librarians behind bars for the books on their shelves is moving forward after a federal appeals court cleared the way for its implementation.

Act 372, which was passed by the Arkansas Legislature in 2023, had been tied up in federal court challenges for nearly three years. However, a federal appeals court recently ruled that the state can now enforce the law, leaving librarians criminally liable for providing materials deemed harmful to minors.

Under Section 1 of Act 372, library staff could face up to a year in jail for knowingly making available content that a prosecutor or jury determines is harmful or obscene for children.

“Obscenity laws have been on the books in Arkansas for a long time,” said Ashley Burris, Director of the Lawrence County Library. “What’s new in Act 372 is criminalizing librarians.”

Burris warned that the law’s reach extends beyond traditional public libraries. Because the legislation applies broadly to anyone making materials available, it could affect private businesses and community volunteers.

“It’s libraries, it’s booksellers,” Burris said. ”If there’s a book that’s offensive at your Walmart — Walmart’s up for prosecution.”

Even the volunteer-run Little Free Libraries found in neighborhood parks and yards could theoretically place coordinators in legal jeopardy.

“If a book is pulled from there that someone, anyone, finds offensive in some way, it can be criminalized,” Burris said.

Some Walnut Ridge residents believe the responsibility of monitoring what children read should remain with parents rather than with state or local institutions.

“I think that they should probably put them up in a higher reach for, well, littler kids couldn’t see, you know, certain things or something like that, maybe,” Johnney Gardner said. “As far as accountable, I think that the librarians keep the books here for everybody to see, really.”

Burris said part of her role as a librarian is to collect a broad selection of books.

“I’ve gone to school and gotten the degree to be able to curate a collection that will reflect the values of my community,” Burris said. “Those materials should be acceptable and offensive all at the same time, because everyone in the community doesn’t have the same values.”

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