A bill moving through the Georgia Legislature could make it so that librarians face criminal charges if they expose minors to materials that have been deemed harmful.
Senate Bill 74, sponsored by Republican Sen. Max Burns, could remove an exemption giving libraries and librarians immunity to a decades-old obscenity law.
Currently, public libraries and those operating as part of schools, universities, and colleges can not be charged with violating the law, which makes it a crime to sell or give anyone under the age of 18 materials deemed as “harmful.” Under Georgia law, that means description or representation of any form of “nudity, sexual conduct, sexual excitement, or sadomasochistic abuse.”
Under the proposed changes, librarians who fail to comply with their library or school board regarding decisions about books or other materials would not be immune to potential prosecution. If found guilty, they could face up to 12 months in jail and a fine of up to $5,000.
The changes would also add training procedures for the governing authority’s review of the materials.
Critics have argued that the standard of what is considered harmful to minors is vague. Part of Georgia law’s definition of sexual conduct includes homosexuality, which has led opponents of the bill to be concerned that it could lead to many books with LGBTQ content being taken off shelves.
“Even with recent amendments, the bill creates a chilling effect that will lead to book banning, discourage professional judgment, and silence diverse voices in our libraries,” Georgia Association of Educators President Lisa Morgan said in a statement. “Librarians should not fear prison for doing their jobs. Our libraries must remain places of learning and inclusion—not tools for censorship and retaliation.”
Burns has argued that the bill protects librarians who act in good faith and that it would not ban any books. Instead, he said, it would just make librarians put the material in an adult section of the library.
Last week, the House Judicial Non-Civil Committee passed along party lines, with six Republicans in support and five Democrats in opposition.
The bill will next head to the House Rules Committee, which will decide whether it will be put to the full House for a vote later this year. It has already been approved by the Senate, but may need to go back to the legislative body if there are any amendments.
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