A federal judge ruled on Monday that portions of Arkansas Act 372, a law signed by Governor Sarah Huckabee Sanders, are unconstitutional. The law, challenged by a coalition of organizations including the Central Arkansas Library System and the ACLU of Arkansas, imposed criminal penalties on librarians and booksellers for distributing materials deemed “harmful” to children.
Two sections of the act specifically subjected librarians and booksellers to jail time for distributing such materials. Governor Sanders defended the law, stating it was “common sense” and intended to protect children from obscene material. She vowed to appeal the ruling and uphold Arkansas law. The coalition challenging the law argued that Act 372 was vague, overly broad, and would create a chilling effect on librarians’ ability to perform their duties. A federal court temporarily blocked enforcement of the challenged sections while the case proceeded.
The judge’s ruling struck down the sections establishing a criminal misdemeanor for “furnishing a harmful item to a minor” and requiring local governments to create oversight boards to review challenged materials. Opponents argued this allowed for arbitrary censorship by local officials. Nate Coulter, executive director of the Central Arkansas Library System, hailed the ruling as a significant milestone in protecting librarians from prosecution and preventing censorship.
This is not the first time Arkansas has faced legal challenges over similar legislation. In 2004, a federal judge struck down a similar law requiring booksellers and librarians to hide materials deemed “harmful to minors,” following a legal challenge in 2003.