Missouri Librarians Sue Over New Law That Bans Books With “Sexually Explicit” Material
Missouri librarians, backed by the American Civil Liberties Union of Missouri, have filed a lawsuit against Jackson County Prosecutor Jean Peters Baker following a new law that bans books with explicit material from school libraries. Baker is named in the lawsuit “in her official capacity as Jackson County Prosecuting Attorney and on behalf of a Defendant Class of all Missouri Prosecuting Attorneys.”
Impacted books include classic novels, books that cover human anatomy, textbooks that discuss the Holocaust, and other texts that are deemed to have graphic or sexually explicit material. According to the lawsuit, the new law is unconstitutional as it imposes government censorship and suppresses the first amendment rights of students.
The law was approved as part of a larger bill in 2022 and is one of many initiatives enacted to address the rights of sexual assault survivors. Additionally, the lawsuit details that librarians or other school employees who violate the law will be faced with a misdemeanor charge and can risk up to a $2,000 fine or a year in jail.
Immediately following the bill's passage, hundreds of books were pulled from school libraries across the state. Many of the books included novels written by people of color and members of the LGBTQ community. Missouri librarians also argue that many of the books featured characters of the same demographic.
Because the law specifically highlights that images that portray sexually explicit or subjected material must be banned, many of the books impacted include fictional graphic novels. However, the law does indicate that exemptions will be allowed for certain educational texts, including science and art textbooks.
In a nationwide debate that's been brewing over the past couple of years across American public schools, the librarians contend that this bill violates constitutional rights and is ultimately harmful to students. The lawsuit takes a personal stance highlighting that librarians specifically have been targeted by state officials for simply doing their job of educating students and providing them access to books.
Joe Kohlburn with the Missouri Library Association Intellectual Freedom Committee shared in a news release that “The law presents specific peril for school librarians, but also endangers the work and livelihoods of public and academic librarians who work with K-12 schools in various capacities.” Kohlburn adds, “Librarians have been undermined politically in this state for long enough, and the fear of prosecution is an ongoing issue for keeping qualified professionals in Missouri, as well as bringing new people into the profession.”
State officials have pushed back, sharing that the law is meant to mitigate a potential threat to our nation's schools. “In schools all across the country, we’ve seen this disgusting and inappropriate content making its way into our classrooms,” explained state Sen. Rick Brattin, R-Harrisonville. “Instead of recognizing this as the threat it is, some schools are actually fighting parents to protect this filth. The last place our children should be seeing pornography is in our schools.”
According to records, the lawsuit highlights that the librarians, professionals in their field, follow school board-approved policies when determining what books are appropriate for select ages. Additionally, the librarians argue that they have high standards in place that naturally prohibit obscene texts from being accessible to students.
The lawsuit also explains that both Missouri and federal law already have in place laws that both prohibit and criminalize the availability of obscene and pornographic materials to minors.
At the heart of the lawsuit, the librarians argue that a law as restrictive as the one in question will further marginalize groups of individuals who need representation now more than ever. “School librarians in Missouri serve as trained, certified experts when curating developmentally appropriate collections for our students,” shares Melissa Corey, the president of the Missouri Association of School Librarians. “This statute has created a chilling effect on school library collection development, resulting in fewer representative books within our collections, due to fear of prosecution.”
As part of the lawsuit, the ACLU is asking the court to find the newly passed law unconstitutional due to its vague and broad nature. The ACLU argues that in its current form, it invites discriminatory and arbitrary enforcement that will do more harm than good. The ACLU also suggests that if the court cannot find the law unconstitutional or unenforceable, then it is asking to have a judgment entered to clarify how and when the law should be enforced in order to steer clear of arbitrary application.
