Georgia Senate Bill SB74

Georgia 2025-2026 Regular Session

• Introduced: 2/3/25
• Refer: 2/4/25
• Report Pass: 2/26/25
• Engrossed: 3/3/25

Caption

Harmful Materials to Minors; exemption for libraries and librarians from the provisions of Code Section 16-12-103; repeal

Impact

If passed, SB74 would significantly alter the legal landscape concerning libraries in Georgia, imposing stricter penalties on library staff who fail to monitor and control access to material deemed harmful to minors. While proponents argue that the bill will help safeguard minors from inappropriate content in public resources, critics express concern that this could deter librarians from providing diverse and expansive collections, fearing legal repercussions. As such, the bill may lead to a chilling effect on intellectual freedom in libraries, limiting the availability of materials that address various subjects, including those that may be controversial.

Summary

Senate Bill 74 seeks to amend the existing laws regarding the sale or distribution of harmful materials to minors by eliminating the exemption that currently protects public libraries and librarians from the provisions of Code Section 16-12-103. This section addresses the consequences of knowingly distributing materials deemed harmful to minors. The bill establishes that violating these provisions will be categorized as a misdemeanor of a high and aggravated nature, thus increasing the legal ramifications for failing to comply with the law. A defense mechanism is included for librarians who demonstrate a good faith effort to identify and remove such harmful materials from access by minors.

Sentiment

The sentiment surrounding SB74 appears to be divided along ideological lines. Supporters of the bill typically emphasize the necessity of protecting minors from exposure to inappropriate content, viewing the bill as a responsible measure to enhance community standards. Conversely, opponents argue it presents a potential overreach, jeopardizing the independence of library professionals and the principle of access to information. This polarization reflects broader national debates about censorship, parental rights, and the access to literature that includes diverse viewpoints.

Contention

A notable point of contention surrounding SB74 is the balance between protecting children and preserving intellectual freedom. Some stakeholders voice the concern that by imposing stricter controls on library materials, the bill could hinder librarians' discretion and ability to provide crucial resources in a democratic society. Additionally, the stipulation for a good faith defense raises questions about the practical implications and challenges that librarians might face in their roles, as the subjective judgment of what constitutes 'harmful material' could vary significantly among individuals, leading to inconsistent enforcement of the law.