(TheLastPatriotNews.com) – In a new landmark ruling, an Arkansas federal judge has struck down parts of a Republican-sponsored obscenity law that jeopardized librarians with criminal charges, upholding their First Amendment rights.
See the tweet below!
This ruling is deemed a victory by free speech advocates, yet Arkansas’ leaders vow to appeal.
U.S. District Judge Timothy Brooks ruled sections of the Arkansas law as unconstitutional, preventing librarians from facing charges for giving minors access to so-called “harmful” materials.
His decision emphasized the violation of the First Amendment associated with the law’s vague language, which could lead to censorship.
The law, signed by Republican Governor Sarah Huckabee Sanders in 2023, enabled challenges to library materials and aimed to separate them from children.
Sanders and other supporters argue it is common sense to keep obscene material away from children, reflecting growing conservative efforts to manage content in places available to children.
The opposition comprised a coalition including libraries, booksellers, and the ACLU of Arkansas.
They challenged the law’s broad language and what they viewed as intimidation and thought policing.
Judge Brooks agreed, confirming the wording was too vague and unconstitutional, potentially leading to undue censorship and fear among librarians.
“Here, it is clear that there is no set of circumstances under which Sections 1 and 5 would be valid. The State has made no attempt to tailor Section 1 based on the Arkansas Supreme Court’s interpretation of ‘harmful to minors,’ though the State has been on notice of the broad sweep of this definition since 2004. Similarly, Section 5 contains multiple undefined terms that invite censorship decisions on the basis of content. Plaintiffs are therefore entitled to a declaratory judgment that Sections 1 and 5 of Arkansas Act 372 are unconstitutional, void, and of no effect,” wrote the judge.
Section 1 specifically involved the criminal liability of librarians for exposing minors to harmful materials.
Section 5 allowed challenges to content decisions by anyone, including out-of-state entities, with the potential for an inundated system of censorship requests.
Such ambiguity risked unwarranted legal action against librarians.
Judge: Arkansas Library Obscenity Law Unconstitutional | https://t.co/BRx0TiVJ68. Lib- tard activist judge. Completely unqualified https://t.co/6YI3YUMqgn
— Mtaylor (@Michael00505329) December 25, 2024
Arkansas Attorney General Tim Griffin intends to appeal, highlighting the ongoing struggle over obscenity law and material access in libraries.
Meanwhile, the decision rescinds any enforcement of these challenged sections, putting similar laws across other states under scrutiny.
“I respect the court’s ruling and will appeal,” vowed Arkansas Attorney General Tim Griffin.
The ruling also aligns with previous decisions, such as a similar case overturned by the Arkansas Supreme Court in 2004.
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