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AR Censorship Law Stalled

Lawsuit challenges constitutionality of state ruling

By Kathy Ishizuka -- School Library Journal, 8/1/2003

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A lawsuit filed by supporters of the First Amendment has led to the suspension of a new Arkansas law restricting minors' access to materials deemed offensive—at least until a U.S. district judge rules on the case at the end of this year.

The lawsuit, brought forth by a coalition of librarians, booksellers, and free-speech organizations, asserts that a new bill, which was passed by the state legislature in early June and would have gone into effect July 16, violates the First Amendment. Although Rita Sklar, executive director of the ACLU of Arkansas, says legislators were targeting "Playboys in 7-Elevens," the law was written broadly enough to include libraries. Betty Kerns, legislative chair for the Arkansas Library Association, says that until the law is challenged in court, "We don't know how it's going to affect us." Critics further contend that the law's definition of harmful materials could even include novels, such as John Steinbeck's Of Mice and Men, and other books that some might consider inappropriate.

Prosecuting attorney Michael Bamberger filed a lawsuit June 23 challenging the constitutionality of the law, which requires that stores and noncommercial establishments cover offensive material with "blinder racks" and that minors be physically prohibited from accessing the materials.

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