Industry & Advocacy News

Alabama Censorship Bill Would Allow Criminal Prosecution of Librarians

Book Banning Free Speech

July 18, 2024

• Share
• on Twitter (opens in a new tab)
• on Facebook (opens in a new tab)
• on Linkedin (opens in a new tab)
• via email

In one of the most disturbing efforts yet in the campaign to stifle students’ access to books, Alabama lawmakers have proposed legislation that could land librarians in jail. The law targets those accused of distributing material deemed “harmful to minors” under a broad new definition that specifically includes drag-related performances and “gender-oriented” conduct. An earlier version of the bill passed the Alabama House of Representatives earlier this year but was not adopted as law. Now, the bill’s sponsors have filed a new version to be taken up when the next legislative session begins in February.

The bill, HB4, would repeal a provision in Alabama’s criminal code that exempts public libraries and K-12 public schools from prosecution for distributing material that is “harmful to minors.” At the same time, it would greatly expand the definition of such material. Under current law, material is considered “harmful to minors” if, among other things, it “depicts or describes sexual conduct . . . in a way which is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors.” HB4 would broaden the definition of “sexual conduct” to also include:

“In K-12 public schools or public libraries where minors are expected and known to be present without parental presence or consent, any sexual or gender-oriented conduct, presentation, or activity that knowingly exposes a minor to a person who is dressed in sexually revealing, exaggerated, or provocative clothing or costumes, who is stripping, or who is engaged in lewd or lascivious dancing.”

According to the Alabama Political Reporter, “[p]ast comments from the bill’s sponsors indicate this section is meant to envelop ‘drag queen story hours’ and library books dealing with transgender content.” The language, however, is somewhat unclear, as it does not define “gender-oriented” conduct.

In addition, librarians would be subject to criminal prosecution if they make material available under the vague, existing standard. Faced with the threat of arrest, a librarian will of course err on the side of extreme caution when deciding if a book is “patently offensive to prevailing standards in the adult community.” This will have a profoundly chilling effect on librarians’ ability to exercise their professional judgment in determining which materials are appropriate for the populations they serve.

To make matters worse, the bill would expose librarians to possible criminal sanctions based solely on an individual complaint. Under the current version, any resident of the county or municipality where a public library is located may provide written notice to the library identifying material or conduct that the submitter believes is “harmful.” The library would then have fifteen days to move the material to an age-restricted area, remove it from the library altogether, or make an official determination that the material does not violate the law. “If the public or K-12 library decides to take no action,” the Alabama Political Reporter notes, “the complainant can then take the matter to law enforcement.”

Like so many other recent book-banning bills, HB4 is a patently unconstitutional effort to suppress students’ access to diverse ideas and perspectives simply because some may find those topics objectionable. The threat to jail librarians who fail to comply with individual censorship demands is plainly incompatible with a free society. The Authors Guild will continue to monitor the bill, and, as we have done in other states, will work closely with other affected organizations to prevent it from moving forward. For additional information about the Guild’s work against book banning, please visit our Advocacy page.