A Missouri judge has struck down a 2022 Missouri law that criminalizes public and private school library employees who provide “sexually explicit material” to children.
Gilian Wilcox, director of litigation for the American Civil Liberties Union of Missouri, is pleased the Jackson County judge’s ruling is in the ACLU’s favor. Wilcox agrees with the judge that the 2022 law is vague and overbroad.
“It was very unclear what could or could not be deemed to violate the law,” Wilcox told Missourinet. “And so, the impact of it was just hundreds of books being removed, including in one case, an example that was removed to be reviewed was the Children’s Bible.”
Wilcox said obscenity is already banned in libraries.
“Books in school libraries, public or private, are really carefully selected by people who have a lot of training in both academics and literature,” said Wilcox. And it is an insult to those professionals for the government to step in and say we know better.”
The state argued that the law was clear and the government can decide what books can go in public school libraries because they receive government funding.
Wilcox said the ACLU is ready if the state appeals the decision.
“We will continue to defend the rights of library professionals, of librarians, and of students to have access to ideas and information that’s protected by the Missouri Constitution and we will continue to fight if they do appeal,” said Wilcox.
The law makes it a class A misdemeanor for violating the law, which is punishable by as much as one year in jail and up to a $2,000 fine.
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