VAN BUREN, Ark. — A federal lawsuit in Arkansas over a 2022 law that restricts access to certain library books, particularly those concerning LGBTQ+ topics, has seen its trial postponed to December. The law in question, Act 372, which imposes limitations on the availability and dispute of library materials deemed inappropriate for minors, has sparked significant legal and public debate.
U.S. District Judge Timothy L. Brooks, who is presiding over the case in the Western District of Arkansas, has rescheduled the bench trial to commence on December 16, with a final pretrial conference set for December 6. The decision to delay the trial, initially set for mid-October, was documented this past Wednesday.
Crawford County, along with County Judge Chris Keith and prosecuting attorneys from Arkansas’ 28 judicial districts, stands as the defendants in this prominent case. The lawsuit was instigated in June 2023 by a group of 17 plaintiffs, including prominent entities such as the Fayetteville Public Library and the Central Arkansas Library System, supported by the American Civil Liberties Union of Arkansas.
The controversy centers on two specific sections of Act 372. The plaintiffs argue that these segments infringe upon the First and Fourteenth Amendments of the U.S. Constitution. The first contested section could notably criminalize the act of providing minors with access to content judged ‘harmful to minors,’ potentially resulting in a year of imprisonment for offenders.
Moreover, the fifth section of the law mandates public libraries to establish a mechanism that allows individuals to challenge the inclusion of certain materials in the library’s collection, which further complicates the operational environment for such public institutions.
The plaintiffs have expressed concerns that these measures could severely dampen the constitutional rights of individuals, referring to the law as “a vague and sweeping regulation” that overly restrains the activities of libraries and booksellers in Arkansas.
In response to these allegations, Judge Brooks issued a preliminary injunction in late July 2023, suspending the enforcement of the contentious sections, which otherwise would have become active on August 1, 2023.
Allison Hill, CEO of co-plaintiff American Booksellers Association, has strongly criticized the law. She noted in a recent statement that the law not only strips Arkansans of their right to decide what they and their children read but also unjustly criminalizes the essential roles of librarians and booksellers in providing access to a diverse range of books.
This legal challenge is not the first incident of contention regarding library content in Crawford County. Previously, another lawsuit was processed concerning the placement of LGBTQ+-related titles in separate sections within libraries, a practice Judge P.K. Holmes III deemed as discriminatory and unconstitutional.
Both the current and earlier incidents reflect ongoing national debates over the control of library content and the balance between protecting minors and upholding constitutional rights to free access to information. Critics of Act 372 argue that it not only infringes on personal freedoms but also poses practical enforcement challenges that could lead to arbitrary or discriminatory application.
As the trial date approaches, stakeholders from various sectors continue to monitor the situation, which could have lasting implications on how public libraries operate and serve their communities across the state and potentially beyond.