ACLU of Arkansas Warns Revised Library Rule Still Threatens Freedom to Read

LITTLE ROCK — The ACLU of Arkansas submitted public comments today urging the Arkansas State Library to abandon or substantially narrow a revised proposed rule that would condition state library funding on restrictions on constitutionally protected books and other materials.
The comments address a proposed rule which would require libraries to take “reasonable steps” to place broadly defined “sexually explicit” materials in adult sections and require parental permission for patrons under 16 to borrow those materials or works designated for adult readers by publishers.

The ACLU of Arkansas argues that the proposal sweeps far beyond legally unprotected material, threatening access to fiction and nonfiction simply because they describe sexuality or the human body. Although the revision appears to address an earlier concern about library promotions and advertisements, it still forces libraries to choose between restricting access to protected materials and losing state funding.

The comments also explain why the recent federal appeals court ruling concerning Arkansas Act 372 does not resolve the proposed rule’s constitutional problems: The proposal would restrict a much broader range of materials. Read the entire public comment here.