The Alabama House of Representatives recently voted 72-28 to advance a controversial bill, HB 385, which seeks to prohibit public libraries from providing materials that are deemed “harmful to minors” or “obscene”. This decision marks an important turning point in the state’s legislative process as it now awaits deliberation in the Alabama Senate.
This proposed legislation defines materials as harmful to minors if they are found to appeal “to the prurient interest of minors,” or if they describe or depict sexual conduct and lack “serious literary, artistic, political, or scientific value for minors.” Similarly, it characterizes obscene materials as those that appeal “to the prurient interest,” describe or depict sexual conduct in a “patently offensive” manner, or lack “serious literary, artistic, political, or scientific value.”
In the context of legal terminology, a public nuisance typically refers to any conduct that infringes upon the rights of the general public. Violations of HB 385 would fall under this definition and could prompt legal action from the state’s attorney general or district attorneys. Additionally, with the necessary legislative approval, county or municipal attorneys would also be empowered to enforce the provisions of this bill.
The bill also has significant implications for the state’s existing regulatory framework. It would remove the exemption that public libraries currently enjoy from Alabama’s criminal obscenity laws. However, it’s notable that the exemption remains in place for college and university libraries. If enacted into law, librarians at public facilities could potentially face misdemeanor charges for violating these stated provisions.
It’s critical to remember that while the U.S. Constitution’s First Amendment offers broad protections for free speech, it does not extend its provisions to obscene language. This exclusion allows for state governments to enact laws that limit the prevalence of obscenity.
But it’s not just Alabama that is set on restricting public libraries from providing harmful materials to minors. Earlier in April, the Idaho Senate approved a similar measure — House Bill No. 710. The American Library Association has also noted an unprecedented scaling up of censorship demands and book ban attempts in public libraries and schools, which reached a record high in 2023.