Establishes a cause of action against libraries for furnishing or allowing access of pornographic materials to minors
Under SB1330, public libraries, including their boards and employees, will face civil liability for providing access to pornographic materials, even if they are unaware of the materials' content. This new liability could create a chilling effect on library services, where librarians may feel pressured to limit access to certain materials out of fear of legal repercussions. Furthermore, the bill also establishes that plaintiffs can recover a minimum of $25,000 in damages for each violation, with a cap of $100,000 for a single occurrence, which could lead to significant financial risks for libraries.
Senate Bill 1330 establishes a new legal framework concerning public libraries in Missouri related to the access and dissemination of pornographic materials to minors. The bill adds a new section to Chapter 182 of the Revised Statutes of Missouri, specifically designating a cause of action against libraries that furnish or allow access to materials deemed pornographic for individuals under the age of 18. The bill specifies the definitions of terms related to 'pornographic materials' and outlines the criteria to determine whether materials are considered objectionable based on community standards.
There are notable points of contention surrounding SB1330, particularly involving the balance between protecting minors and the principles of free access to information. Critics argue that the bill may lead to censorship, limiting library resources and the availability of diverse materials for educational and informational purposes. Supporters of the bill believe it is a necessary measure to safeguard minors from harmful materials, reflecting a growing concern in society regarding the exposure of children to pornography. The implementation of such a bill raises important questions about the responsibilities of public institutions in providing access to content while ensuring the protection of vulnerable populations.