Federal Judge Blocks Arkansas's 'Obscenity' Law
A federal judge has issued a preliminary injunction against key parts of the Arkansas law signed in March that would limit minors' access to books and other material deemed "obscene" and would allow criminal charges against booksellers and librarians who violate the law, which was set to take effect tomorrow, August 1. According to the AP, the judge, Timothy L. Brooks, also rejected a motion by the defendants, which include prosecuting attorneys for the state, seeking to dismiss the case.
The judge said that the law's definitions seemed intentionally vague, allowing "local governing bodies... greater flexibility to assess a given challenge however they please rather than how the Constitution dictates," as the Arkansas Advocate noted.
Nate Coulter, executive director of Central Arkansas Library System, one of the plaintiffs, told the AP that the judge's decision recognized the law as censorship, a violation of the Constitution and wrongly maligning librarians. "As folks in southwest Arkansas say, this order is stout as horseradish!" he said. "I'm relieved that for now the dark cloud that was hanging over CALS' librarians has lifted."
Holly Dickson, executive director of the ACLU in Arkansas, commented: "The question we had to ask was--do Arkansans still legally have access to reading materials? Luckily, the judicial system has once again defended our highly valued liberties."
In May, 17 plaintiffs, including the American Booksellers Association, the American Library Association, the Association of American Publishers, other book world organizations, local bookstores and libraries, parents, and students, sued the state over the law. Plaintiffs include two Arkansas independent bookstores: Pearl's Books, Fayetteville, and WordsWorth Books, Little Rock.
At the time of the suit, the ABA and ABFE pointed out that under the law, "Arkansas booksellers can be prosecuted for 'making available' or 'displaying' books that are 'harmful to minors.' This means booksellers have to choose to either limit all the books on their shelves to materials acceptable for the youngest readers or exclude all minors from the shop."
Thus, booksellers could be charged with a misdemeanor for the first offense or a felony on the second offense for "selling, displaying, or marketing legal materials in their own bookstores. It is impossible for a bookseller to know the contents of every book in their store and impossible to define 'harmful' for everyone."
The law also makes it easy for individuals, "especially those that belong to censorship groups, to enter a bookstore for the express purpose of finding a book that they believe is offensive simply to get a bookseller into legal trouble for selling a book that they don’t like. This could understandably force some bookstores to not display a diverse array of literary works for fear that they could run afoul of the law."
Proponents of the law have said that it is targeted at pornography, according to the Arkansas Advocate, while opponents have said it is aimed at LGBTQ+ titles.