
The problem with democracy is that the price of liberty is eternal vigilance. If you allow a group like Moms for Liberty to take control of your local school board meetings, look out. Hernando County, Florida school board member, MfL supported Shannon Rodriguez, tells us “We do not want to have equity and inclusion in our schools. We want to keep our schools traditional, the way that they were. We don’t want any of the woke or the indoctrination.” Here’s the NPR clip, which shows a defeat on this occasion for the Moms for Liberty forces. (Click on the arrow at the left to listen.) Many of these extremists who are intent on cleansing schools of all non-traditional content, have made threats against librarians and teachers, and some of these public employees have chosen to leave their jobs rather than face up to death threats. Apparently most Americans (even Republicans) do not support banning books, yet books are being banned in unprecedented numbers. If these banners really don’t represent the majority opinion, the majority has to stand up and be counted.
Seventeen plaintiffs, including the American Booksellers Association, the American Library Association, the Association of American Publishers, the Authors Guild as well as local bookstores, libraries, parents, and students, are filing a federal lawsuit against the state of Arkansas over its recent law which seeks to limit minors’ access to books and other materials deemed “obscene”. As Shelf Awareness puts it: “The law, which passed in March and goes into effect August 1, states that anyone will be allowed to ‘challenge the appropriateness’ of public libraries’ offerings, but it does not define ‘appropriateness’ or provide any ‘standard that we’re expected to use’ to determine this, John Adams, an attorney for the Central Arkansas Library System, told the Arkansas Advocate. The newspaper continued: ‘Proponents of the law have said no one under 18 should be able to access content pertaining to racism, sexual activity and LGBTQ+ topics, calling it ‘indoctrination’. Opponents of the law say this content reflects the community and that restricting access amounts to censorship.'”*
Well now — of course, anyone can do anything they want (within the law), so who am I to object to bringing a lawsuit against the Arkansas law making librarians criminally liable for making allegedly obscene books available to minors? But it’s precisely because I believe that anyone can do anything they want that I have concerns about objecting to this sort of action. I can’t get away from the thought that people in any community surely have the right to make any rules and regulations they want in order to govern how they live. Just because I don’t agree with them and “know that I’m right” doesn’t give me any preferential status over their opinions. This is a policy which concerns the inhabitants of Arkansas, and they need to be the ones dealing with it (and indeed several of the plaintiffs are local). If that’s what people in Arkansas want, good luck to them! Mandating ignorance can never be a good idea, but lots of people have always preferred to bury their heads in the sand than to think seriously about right and wrong. Despite all sorts of crazy (to the liberal mind) laws lots of people still seem to want to move to states like Texas or Florida (where they are now proposing to deny healthcare on the basis of moral, ethical or religious beliefs) — I guess they don’t mind, or don’t mind as much as I do. And if they do eventually decide they do object to this or that restriction, then of course the democratic process provides a roadmap for them to get the laws reversed. And if that doesn’t work, maybe they’ll need to think about moving to a community where more people agree with them.
Of course nobody wants obscene books pushed on anyone; and this includes librarians. The problem of course is definitional: we all know it when we see it, but unfortunately when it comes to obscenity, or even just social undesirability, none of us can define it with any precision. We all see different things. Judging from the Arkansas Advocate story referenced above, many people in Arkansas are off to the races on their definition of obscene. In the end one man’s obscenity is another man’s sober discussion. We also trust readers’ good sense to differing degrees. Conservatives tend to want the state to play the role of stern daddy, wagging its finger to stop people doing “bad” things, whereas liberals see it more as a benevolent old granny keeping them fed and protected.
The plaintiffs maintain “Together, we have filed this lawsuit to protect the First Amendment rights of Arkansas’ reading community. Arkansas Act 372 robs the state’s readers of their constitutional right to receive information and threatens the state’s booksellers and librarians with extreme punishments for performing their core—and essential—function of making books available to the public.” (Quoted in Publishing Perspectives.) Come on — the Bill, insofar as it “robs” anyone of anything, robs minors of the “right” to receive information free of charge from their library. (Do we really have a right, first amendment or any other, to receive books free of charge from a public library?) I don’t think it helps your case to misstate the harm you are protesting.
Censoring books may be wrong, and is certainly ineffective as a means of suppressing ideas. My knees jerk just as strongly as the next guy’s to liberal ideals, but I can’t help seeing arrogance in the assumption that we publishers know better than the locals and have an obligation to make them behave as we would. Nothing in the Arkansas law affects what publishers may or may not publish.†
If this is what Arkansans want, who are we to interfere? If it’s not, then a simple remedy beckons. Just go to school board meetings and vote!
Another similar case is the “lawsuit filed by PEN America, Penguin Random House, authors, and parents against the Escambia County School District and School Board in Florida over book bannings and access restriction in the area’s public school libraries.
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* Amusing to note that in Utah such laws have been used to force the authorities to remove the Bible and the Book of Mormon from school libraries.
† Slightly different is the case of state school boards which mandate changes in textbooks in order that they may be adopted. If you want to sell textbooks to say the Texas school system, then it’s not smart business to insist that those pages about critical race theory (or whatever they’ve objected to) be retained intact. Your choice is to make the change and make the sale, or refuse and move on. For governors of eastern seaboard states to call on publishers to refuse to make such changes is nothing more than political posturing — and no publisher in this market will be paying much attention to them.