Today, in a resounding victory for free speech and intellectual freedom, a federal district court struck down key provisions of Arkansas’s censorship law, Act 372, as unconstitutional. The ruling protects libraries, bookstores, and readers across the state from harmful restrictions and criminal penalties for providing or accessing diverse literature.
The lawsuit was brought by the ACLU of Arkansas and others on behalf of a coalition of libraries, bookstores, librarians, readers, and advocacy groups challenging sections 1 and 5 of Act 372. Section 1 would make it a crime to provide materials that are “harmful to minors,” thus chilling all readers’ access to an array of materials. Section 5 would allow elected officials to police materials that anyone challenges for “appropriateness,” thus allowing for widespread removal of materials based on viewpoint and without judicial review. The court found these provisions violated the First and Fourteenth Amendments of the U.S. Constitution.
Of Section 1, the court wrote: “If the General Assembly’s purpose in passing Section 1 was to protect younger minors from accessing inappropriate sexual content in libraries and bookstores, the law will only achieve that end at the expense of everyone else’s First Amendment rights. The law deputizes librarians and booksellers as the agents of censorship; when motivated by the fear of jail time, it is likely they will shelve only books fit for young children and segregate or discard the rest. For these reasons, Section 1 is unconstitutionally overbroad.”
Of Section 5, the court wrote: “Plaintiffs have established as a matter of law that Section 5 would permit, if not encourage, library committees and local governmental bodies to make censorship decisions based on content or viewpoint, which would violate the First Amendment.”
“This ruling reaffirms what we have said all along – Act 372 is a dangerous and unconstitutional attack on free expression,” said John Williams, ACLU of Arkansas Legal Director. “Our libraries and bookstores are critical spaces for learning, exploration, and connection. By striking down these provisions, the court has safeguarded the right of every Arkansan to access ideas and information without fear of censorship or prosecution.”
Holly Dickson, Executive Director of the ACLU of Arkansas, celebrated the decision. “This was an attempt to ‘thought police,’ and this victory over totalitarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation,” Dickson said. “Arkansans deserve a state where intellectual freedom thrives, and this ruling ensures that libraries remain sanctuaries for learning and exchange of ideas and information.”
The decision marks a pivotal moment in the fight against a wave of censorship attempts nationwide and reaffirms the principle that access to books and information is fundamental to democracy.
The ACLU of Arkansas has a longstanding commitment to defending First Amendment rights, including the freedom of speech, access to information, and the right to receive and peruse materials without censorship.
A copy of the order can be found here: https://bit.ly/4fwT3QH
For more on Fayetteville Public Library v. Crawford County, click here: www.acluarkansas.org/en/cases/fayetteville-public-library-v-crawford-county