Legislature likely to revisit bill that would subject public library employees to state obscenity laws

Although a bill that would have eliminated the exemption from state obscenity laws for Alabama public libraries and K-12 public school libraries did not pass in the 2024 General Legislative Session, it's expected to make a return in the Legislature next year.

And that has Alabama's librarians unsure as to how to proceed when it comes to what books and materials would violate the bill's 'contemporary community standards' that would trigger possible criminal penalties if such materials end up in the hands of minors.

HB385 passed through the Alabama House in April, but after coming out of the Senate Committee on Children and Youth Health, the general session ended before a vote in the Senate could take place.

HB385 provided for criminal penalties for anyone who knowingly distributes obscene materials to a minor, including librarians in Alabama public libraries and K-12 public school libraries.

Current Alabama obscenity has an exemption for materials in a public library, K-12 public school library or a university library. HB385 would not have impacted university libraries in Alabama.

In order for the criminal penalties to apply to library employees or agents, ranging from a Class C misdemeanor to a Class A misdemeanor, they must first have received notice of the material that is alleged to be obscene and failed to remove it within seven days.

Any person who believes obscene material to be present in a public library may provide written notice to the principal or superintendent of education if a K-12 public school or director or head librarian of a public library. Additionally, a copy of this notice must be provided to the office of the district attorney in the county where the K-12 library or public library is located.

Opponents of the bill allege it violates First Amendment free speech protection and would create a climate of fear for Alabama public librarians. Additionally, critics say the bill's 'harmful to minors' standard was not clearly defined.

Rep. Jamie Kiel (R-Russellville) voted for HB385 and does not believe it was overly broad at all.

“It's intended to allow parents to trust their local library,” Kiel said. “We have great libraries here. But parents should be able to trust that their child, when they go to a local library, is not being exposed to books that contain explicit sexual content.

“Someone needs to know what the context is of books and materials we are distributing to our children. And I think we're already doing that. In Franklin County, the question we are asking librarians to answer is does the material, taken as a whole, lack serious literary, artistic, political or scientific value? If it does, it would be deemed harmful to minors,” Kiel added.

The reasonable person standard Kiel referenced comes from language contained in HB385.

While time ran out for the bill in the 2024 Legislative session, the issue isn't going away, either nationally or in Alabama. There is growing concern among many Americans about the 'force feeding' of alternative lifestyles, sexual orientation, gender identity and expression.

The American Library Association (ALA) has been a vocal opponent of what it calls censorship attempts and suppression in Alabama schools and libraries. ALA's position led to many Alabama public libraries, including the Russellville Public Library, affiliated with Alabama Public Library Services to withdraw from ALA because of a perception the association is pushing an extreme agenda down Alabamians' throats.

Last October, Gov. Kay Ivey sent a letter to Alabama Public Library Services' director outlining her concerns with ALA. ALA's President, Emily Drabinski, described herself as a 'Marxist lesbian' after she took over the leadership role.

Those comments by ALA's president led several states, including Alabama, to withdraw their affiliation at the state level.

Russellville Public Library Executive Director Joshlyn Bowen and her staff have more than 31,000 books on their shelves. There is a young adult fiction section for ages 13-17, and an adult fiction section for ages 18 and over. Adult fiction books are not available for minors to borrow without prior approval from a parent or guardian.

Bowen, who said she could not specifically comment on HB385 or its potential impact if or when it passes, did say she has gone through the library's young adult fiction selections and removed any content that might be questionable. Those materials were either removed from library inventory or moved to the adult fiction (over 18) section.

Bowen hopes any future legislation will have sufficient language to clarify what library employees must do, and what materials must be removed, to avoid legal liability.

The American Library Association, another vocal critic of any legislation restricting what a public library may have in its inventory, released a list of the 10 most challenged books it alleges were 'targeted for censorship' in 2023 at libraries across the country.

None of those 10 books are contained in the Russellville Public Library's inventory.

If a bill similar to HB385 is passed next year by the Alabama Legislature, it will change the dynamics of public K-12 school libraries and community libraries. While access to certain materials deemed 'harmful to minors' would be eliminated at those libraries, many of the same books may still be accessed online through Libby, an app that allows users to borrow books through a digital format on a smart phone or tablet.

Some materials removed from Alabama public libraries would also remain on shelves at bookstores or department stores with no mechanism in place for age restrictions.