Arkansas Senate Bill SB81

Arkansas 2023 Regular Session

• Introduced: 1/19/23
• Refer: 1/23/23
• Refer: 2/15/23
• Report Pass: 2/20/23
• Engrossed: 2/22/23
• Refer: 2/22/23
• Report Pass: 3/9/23
• Refer: 3/15/23
• Report Pass: 3/27/23
• Enrolled: 3/29/23
• Chaptered: 4/4/23
• Passed: 4/4/23

Caption

To Amend The Law Concerning Libraries And Obscene Materials; To Create The Offense Of Furnishing A Harmful Item To A Minor; And To Amend The Law Concerning Obscene Materials Loaned By A Library.

Impact

If enacted, SB81 would have a significant impact on the regulation of materials in libraries, particularly regarding how obscene content is defined and managed. The law would make it easier for parents and guardians to access information about their children's library records and initiate challenges against materials they deem inappropriate. Moreover, libraries would face liability risks if they fail to adequately govern access to these materials, potentially altering how libraries curate their collections. This may lead to increased censorship and self-censorship within libraries, as they navigate the delicate balance between providing access to information and complying with legal standards.

Summary

Senate Bill 81 (SB81) aims to amend existing laws related to libraries and obscene materials made available to minors in Arkansas. The bill introduces the offense of 'furnishing a harmful item to a minor,' defining harmful items as materials depicting nudity or sexual conduct. Furthermore, it adjusts the legal framework for handling obscene materials by establishing stricter protocols concerning their possession, sale, and distribution, with enhanced roles for parents and guardians in managing minors' access to such materials. Public libraries will also be required to develop policies for selecting, retaining, and removing materials alongside mechanisms for challenging such materials when their appropriateness is questioned.

Sentiment

The reception surrounding SB81 has been mixed, reflecting deep divisions on the topics of censorship, parental rights, and the protection of minors. Supporters argue that the bill is a necessary measure to shield children from inappropriate content, emphasizing the role of parents in monitoring their children's exposure to such materials. On the other hand, opponents raise staunch objections, highlighting concerns that the bill could lead to excessive regulations and unwarranted censorship, potentially stifling educational freedoms and access to diverse viewpoints in library resources.

Contention

Notable points of contention related to SB81 include debates over the implications for creative works and the definition of 'harmful' items. Many critics fear that the vague terminology may lead to arbitrary interpretations that restrict access to legitimate educational and literary materials. Additionally, the procedural requirements for challenging materials in libraries might impose additional burdens on library staff and could create a chilling effect on the availability of information. Ultimately, the discussions surrounding SB81 underscore a broader societal struggle regarding the rights of parents versus the rights of minors to access information freely.