The Republican-controlled West Virginia House of Delegates has passed a bill that could see librarians facing jail time.
House Bill 4654 passed the chamber Friday by a vote of 85–12, along party lines. The bill would remove criminal exemptions for schools, public libraries, and museums that distribute or display “obscene matter” to a minor, even if the minor’s parent or guardian is present. Any employees of those institutions found guilty of giving minors obscene matter can face fines of up to $25,000, up to five years in prison, or both.
The incredibly short piece of legislation gives no indication of how the new rules would affect paintings or sculptures that feature nude figures, or books that include descriptions or definitions of sexual conduct. Obscenity laws are incredibly hard to enforce, because definitions of obscenity still largely come down to individual interpretation.
As a result, there will likely be more reports of obscenity, made by people who are either more conservative or just nervous about accidentally breaking the law. And since libraries and public schools often operate on very tight budgets, they are unlikely to have the budget to fight a surge in lawsuits.
“It is going to cost our counties and our librarians when these matters go to the court system,” House Minority Leader Sean Hornbuckle told The Parkersburg News and Sentinel. “Because this is still vague, I’m scared.”
“This is a very dangerous bill.”
House Minority Whip Shawn Fluharty warned that the legislation could inspire many lawsuits over books that staff members don’t even realize are problematic. “The librarians on staff might not know if a book has obscene matter in it or may or may not have shown it to someone, but because it was in the facility and it was sitting on a shelf, it could still be prosecuted,” he said.
The bill has now been sent to the state Senate, which the GOP also controls (along with the governor’s office).
Republicans across the country have increasingly sought to ban books, claiming they are protecting minors from seeing inappropriately sexual content. But most of the books being pulled from shelves tend to discuss race, gender, and sexuality.
Seemingly innocuous texts have also gotten caught up in the fray. School districts in Florida have pulled the dictionary from library shelves for including definitions of sexual conduct and have drawn over children’s picture books.
