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In West Virginia, a bill is being advanced that would make librarians and teachers criminally liable if minors obtain books containing “obscene material.”
HB 4654 was passed by the West Virginia House of Delegates last week and filed in the Senate. The bill would eliminate criminal liability protections for public libraries, museums and schools that exhibit “obscene material directed at minors” when unaccompanied by a parent or guardian.
Museum employees, librarians and school employees who violate the restrictions could be charged with a felony and face fines of up to $25,000 and up to five years in prison.
Reactions from supporters and opponents of the bill
Opponents of the bill say it reflects a growing movement to ban books with LGBTQ+ characters or themes, and could lead to further bans on books with sexual content, including classic literature, and criminal charges against librarians. They argue that this could lead to possible prosecution.
During a hearing on the bill last Friday, Democratic Minority Whip Sean Fluharty said, “Staff librarians may not know whether a book contains obscene material, or they may show it to someone.” He may or may not have shown it,” the Parkersburg News and Papers reported. Sentinel.
“But because it was in the facility and on the shelf, it could still be prosecuted. “It’s going to be in the headlines,” he said. . ”
Supporters of HB4654 said the bill would not ban books or prevent adults from distributing books containing obscene material, the newspaper reported.
According to the newspaper’s report, Republican Representative Elliot Pruitt, who is also a teacher’s aide, said the bill was aimed at “preventing obscene, pornographic, and sexually explicit material from being used with taxpayer funds.” “The aim is to prevent children from having access to public spaces that have been used in public areas.”
How is “obscene material” defined?
West Virginia law defines obscene material as “any material that the public would believe depicts or describes sexually explicit conduct,” including nudity, sex, or certain bodily functions. .
According to the bill, it would also be defined as “any work that a reasonable person would judge to lack serious literary, artistic, political, or scientific value.”
Book bans on the rise across America
The American Library Association found that obscenity claims have been used to ban books that focus on LGBTQ+ topics, sex education, and race.
The official found that in the first eight months of 2023, there were nearly 700 attempts to censor library materials. This is a 20% increase compared to the same reporting period last year.
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