by Delaney Reaves, Managing Editor

A proposed piece of legislation being considered by Arkansas lawmakers seeks to address libraries and obscene material that is made available to minors. Senate Bill 81 is about the possession, sale, distribution or furnishing of material harmful to minors that includes books, pamphlets, magazines, photographs, recordings, transcriptions and others. The bill would make it a criminal offense for an individual knowingly allowing a minor to possess the materials. 

The bill was approved as amended by the Arkansas House of Representatives on March 15 and will be considered again by the Arkansas Senate’s Judiciary Committee in late March.

The bill would take out and not allow any obscene materials from being accessed by minors in libraries, including schools. The bill’s language defines obscene material as something depicting or describing nudity, sexual conduct or abuse. 

Senate Bill 81 also would allow parents to access their child’s library records as long as they are under the age of 18. 

The proposed legislation states any materials that are harmful to minors will not be available or distributed to them. “Harmful to minors” is defined in Arkansas code as the quality of the material in whatever form of nudity and sexual conduct, not suitable for minors. This also includes materials that lack serious literary, scientific, medical, artistic, or political value for minors. 

The bill’s subtitle states, “To Amend The Law Concerning Libraries And Obscene Materials; To Create The Offense Of Furnishing A Harmful Item To A Minor; And To Amend The Law Concerning Obscene Materials Loaned By A Library.” 

The lead sponsor for SB 81 is Sen. Dan Sullivan, R-Jonesboro.  Rep. Justin Gonzales, R-Okolona, is the other primary sponsor, and Rep. Mary Bentley, R-Perryville,  and Sen. Matt Stone, R-Camden, are co-sponsors. 

Sullivan has said previously that the bill will protect children from sexual content and allow parents to be more aware of what their children are reading, according to an article from the Arkansas Advocate. Current library policies might not prevent elementary schoolers from accessing sexual content, he has said. 

David Johnson, executive director of Fayetteville library, said that this bill threatens America’s First Amendment rights. Even though others have different viewpoints and opinions, it does not mean that a law should give the right to deny the material’s views to others. 

“I believe all citizens of Arkansas should be concerned over any legal effort like SB 81 to censor access to information,” Johnson said. 

Currently the collections development policies require specific guidelines for library staff while ordering materials for institutions. This goes through higher level librarians for review before the books are officially ordered and distributed. 

Barbara Humphrey, accounting clerk at NWACC, said that, in her opinion, the focus needs to be on the internet access children have. Even if certain books are banned minors would still have the ability to access materials on the internet. If minors are looking on their own they can find materials outside the library. Humphrey said she doesn’t think librarians should be responsible for what the minors decide to look at. 

“Where is the line drawn?” Humphrey said, posing the question of who is determining what is deemed obscene material for minors. 

The bill did pass the Arkansas House of Representatives and was sent back to senate, if passed, it will be signed into law by the governor. The governor does have the power to veto the bill once it goes through the legislative process. 

Florida has given parents more say and feedback on what materials are being used in schools through a bill passed in 2022. Missouri’s Law that prohibits sexually explicit reading materials in private and public schools also was implemented. This puts responsibility on giving out materials deemed obscene and possibly result in a one–year jail sentence and a $2,000 fine.