An Arkansas law that subjects librarians to prosecution for providing “harmful” material to minors ran into a problem: the First Amendment. Jordan_S_Rubin explains the court ruling.
that subjects librarians and booksellers to prosecution for providing “harmful” material to minors was set to take effect Tuesday. But it ran into a problem: the First Amendment.
One problem with the law is that it’s too broad. Minors cover anyone under 18, so the only way for libraries and bookstores to comply would be to keep all minors away from any material with any amount of sexual content. He concluded the “breadth of this legislation and its restrictions on constitutionally protected speech are therefore unjustified.”Al Drago / Bloomberg via Getty Images fileSpecifically, in that its use of the terms “presents,” “makes available” and “shows” leaves librarians and booksellers “unsure about whether placing books known to contain sexual content on the bookshelves may subject them to liability once a minor walks through the front door,” Brooks wrote.
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