Federal appeals court rules Arkansas law concerning children’s access to ‘obscene’ library books can take effect

The Eighth Circuit Court of Appeals has reversed a lower court decision regarding Arkansas Act 372. This law, passed in 2023, aims to protect minors from obscene materials and establish accountability for public library collection management. The appellate court decision allows the law to move forward by vacating the previous permanent injunction that had blocked its enforcement.

Section 1 of the law criminalizes the act of providing materials deemed harmful to minors. It applies when an individual knows the character of the item and distributes it to a minor. The court found that this section is not unconstitutionally vague, noting that the statute includes specific scienter requirements that limit its application. The court emphasized that a requirement of knowledge regarding both the item and the recipient prevents arbitrary enforcement.

Regarding Section 5, which mandates that libraries create written policies for the selection, retention, and challenge of materials, the court ruled that the plaintiffs lacked standing to challenge the provision. The court determined that the act of requiring libraries to adopt policies does not constitute an injury in fact, as it remains speculative how individual libraries will implement these curation standards.

Finally, the court addressed the overbreadth challenge to Section 1. It concluded that the plaintiffs failed to provide sufficient evidence to support the claim that the law punishes a substantial amount of protected speech relative to its legitimate sweep. By reversing the district court, the appeals court has cleared the path for the state to proceed with enforcement. The ruling also strikes down the previous award of nearly $450,000 in attorney fees and costs to the plaintiffs.