You Can't Read That

 You Can’t Read That!

 

Question:  Which state is the least educated in the U.S.?   Answer: Arkansas.   

That’s not much of a surprise, although there are some other states in the running, Mississippi and Louisiana for two more.   

The Arkansas legislature passed a bill that would have taken effect on August 1, 2023.  Act 372 is designed to protect children from material “deemed “harmful”.   This term is defined by state law as containing nudity or sexual content, appealing to a “prurient interest in sex”, lacking “serious literary, scientific, medical, artistic or political value for minors” or deemed “inappropriate for minors” under current community standards.    The law also allowed anyone “affected by” material in a particular county or municipal library to challenge the “appropriateness” of the material.

Act 372 would make “furnishing a harmful item to a minor” a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.

A federal judge has temporarily blocked the law.   In his opinion, the judge said there is more than one way to burn a book.  “The world is full of people running about with lit matches” quoting author, Ray Bradbury.

He also noted that Arkansas already had a statute making it a crime to provide obscene materials to minors.  Act 372 is pretty vague on who gets to decide what material is "prurient".   And ignores the Supreme Court ruling that prurient material is protected by the First Amendment.

Plaintiffs are challenging the law as a violation of the First Amendment to the U.S. Constitution which guarantees free speech.  Plaintiffs also say the law is too vague and eliminates the protections librarians and school personnel had as being protected as long as they were performing their professional functions. 

Plaintiffs have said, “I want to fight for our rights to intellectual freedom and ensure that libraries remain spaces where young Arkansans can explore diverse perspectives.   On the other hand, the County is already hinting at possible future crackdowns on other library system’s policies and procedures.  The County has said it is dedicated to protect “children from exposure to materials that might harm their innocence”.

Looks like Arkansas has no intention of giving up its last place as the least educated state in the nation.