Why Does Arkansas Law Let Librarians Distribute Obscene Material to Children?

Current Events, Family, , ,

Over the past several months the public library in Jonesboro has made headlines for pro-LGBT and graphic, sexually-explicit material in the library’s children’s section.

Last week someone asked Family Council, point-blank: How is it that public libraries can give this kind of material to children? Doesn’t that violate the state’s obscenity and pornography laws?

Here’s the answer:

Arkansas’ obscenity law contains an exception for public libraries.

In 1981 the Arkansas Legislature passed Act 28. The law makes it a crime to distribute obscene material in Arkansas.

However, the law also contains an exception for schools, museums, and public libraries. It isn’t against state law for one of these institutions to distribute obscene material.

Arkansas also has a state law against “selling, loaning, or displaying pornography to minors.” However, to our knowledge that law has never been used against public libraries like the one in Jonesboro.

So why does Arkansas law let librarians distribute obscene material to children?

The answer isn’t clear, but it seems to be a combination of different court rulings as well as successful lobbying by organizations that represent schools, libraries, and museums.

That said, there’s nothing to stop communities from taking steps to remove obscene or objectionable material from their libraries.

Library boards and librarians have leeway to establish selection criteria and make decisions about the kinds of material available on the library’s shelves.

Library patrons generally can use a Material Reconsideration Form to ask libraries to get rid of obscene or inappropriate material.

Either way, there are steps that communities can take to make sure children aren’t exposed to harmful material at their local libraries.

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Arkansas’ 44th Annual March for Life Just Two Weeks Away!

Current Events, , , ,

Arkansas’ 44th annual March for Life is happening in just a little over two weeks.

This is a great opportunity for pro-lifers to gather and march against abortion in Arkansas.

The march will take place Sunday, January 16, 2022, at 2:00 PM in downtown Little Rock.

The staging area for the march is between Battery and Wolfe street’s just west of the Arkansas Capitol Building on West Capitol Avenue. Pro-lifers will march to the front of the Arkansas Capitol Building.

For more information call 501.663.4237 or visit artl.org.

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Biden Administration to Nominate Federal Judge for Western District of Arkansas

Current Events, Judicial Confirmations,

The Biden-Harris Administration will soon nominate a federal district judge to fill a vacancy in Arkansas’ Western District.

U.S. District Judge Paul Holmes, III, of Fort Smith took Senior Status effective November 10, 2021.

Senior Status is a form of semiretirement for federal judges. It means the president will need to nominate a new judge to fill the position full time.

There are currently some 77 judicial vacancy in America and more than two dozens nominees pending before congress.

As of last week, President Biden has not nominated anyone to fill Judge Holmes’ position on the court.

U.S. District Court nominations rarely receive very much attention, but they are critical judicial positions.

When a state law is challenged in federal court, district judges are the first to hear the case. Right now many of the district judges in Arkansas — including U.S. District Judges Paul Holmes, James Moody, and Kristine Baker — are Obama appointees.

Because our district courts lean to the left, Arkansas often loses court cases over abortion and other social issues at the lower level, but we get better rulings from the more conservative judges on the Eighth Circuit Court of Appeals.

It doesn’t look like those dynamics are going to change under President Biden. However, it will be interesting to see who he nominates to replace Judge Holmes in the coming weeks.

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