American librarians, booksellers and publishers join lawsuit over Arkansas library 'obscenity' law

The American Library Association, the Association of American Publishers, the American Booksellers Association and the Authors Guild are among 17 plaintiffs who will file a federal lawsuit over a recently passed law in Arkansas which exposes librarians to criminal liability for making allegedly “obscene” books available to minors.

The law, which was signed by governor Sarah Huckabee Sanders on 31st March is set to take effect on 1st August and removes an exemption from prosecution for school and public libraries and would “empower virtually anyone to challenge the appropriateness of library materials in Arkansas”, Publishers Weekly reported.

Library staff found to have “knowingly” distributed or facilitating the distribution of allegedly obscene material to a minor – defined as anyone under 18 – would be open to a potential felony charge.

American Library Association officials told Publishers Weekly: “The American Library Association is pleased that the Freedom to Read Foundation, our First Amendment legal defence arm, and our state affiliate, the Arkansas Library Association, are participating in the lawsuit to vindicate Arkansas residents’ freedom to read. The government has no place in deciding what books people can borrow or buy."

The impending lawsuit is the latest attempt by freedom to read advocates to fight back against the surge in book bans in the US.

Earlier this month PEN America and Penguin Random House joined forces with a group of authors and parents against book bans carried out by a Florida school district.