A Victory for Democracy and the Right to Read in Arkansas
“The Court is not picking on County Judge Keith here,” Brooks wrote in a footnote. “He is by no means the only county or city official who will have no clue what ‘appropriate’ means if Section 5 takes effect.”
Arkansas libraries have won an important First Amendment case when a federal judge ruled two key sections of Public Act 372 (SB81) were unconstitutional. This is a significant victory for libraries in Arkansas and stinging rebuke to censorship efforts in the state. The ruling by Judge Timothy Brooks safeguards access to diverse and meaningful materials in public libraries.
The fight against Act 372 was spearheaded by courageous individuals and organizations committed to defending our democratic values. We want to extend congratulations and thanks to the Arkansas Library Association, Advocates for All Arkansas Libraries, the Central Arkansas Library System, Garland County Library, and the legal team at Democracy Forward for initiating this lawsuit. These leaders stood alongside 14 other plaintiffs against SB81 (2023), a law that would have required librarians to act as censors. SB81, sponsored by Representative Dan Sullivan, was found to be defective because it imposed vague, sweeping restrictions on free expression.
John Chrastka, Executive Director of EveryLibrary, praised the victory, stating, “This decision sends a strong message that censorship and government overreach have no place in our libraries or our democracy. It’s a win for librarians, for the right to read, and for the Arkansas library communities who have fought tirelessly to protect access to books and ideas. We stand with Arkansas library stakeholders and their co-plaintiffs as leaders in this essential fight for free expression.”
Judge Brooks’ ruling dismantled two troubling sections of Act 372. Section 1’s criminal penalties for “furnishing harmful items to minors” were deemed overly broad and vague, while Section 5’s process for allowing book challenges and appeals to local governing bodies lacked constitutional safeguards, threatening to chill free expression. As Judge Brooks noted, such provisions would have created costly, stigmatizing restrictions and empowered local governments to make arbitrary censorship decisions.
While the state plans to appeal the ruling, this moment is one to celebrate. It reaffirms the fundamental principle that libraries are places for exploration, learning, and exchanging ideas.
Looking ahead, EveryLibrary is standing with Arkansas library stakeholders in endorsing HB1028 in the upcoming 2025 Arkansas legislative session. This bill is constitutionally sound legislation to “repeal and replace” Act 372 by removing all the language of SB81 and adding a new provision to state law requiring that “public [libraries have] a written policy prohibiting the practice of banning books or other materials because of partisan or doctrinal disapproval.” Adds Chrastka, “We invite advocates and stakeholders to join us in supporting HB1028 and building on this victory. Lets work together to create a future where libraries are available without fear to all.”
Stories about this Lawsuit
Federal judge declares sections of Arkansas’ library obscenity law unconstitutional
https://arkansasadvocate.com/2024/12/23/federal-judge-declares-sections-of-arkansas-library-obscenity-law-unconstitutional/
Arkansas book-censorship law ruled unconstitutional
https://arktimes.com/arkansas-blog/2024/12/23/arkansas-book-censorship-law-ruled-unconstitutional