Idaho bill would hold schools, libraries liable for giving minors ‘harmful materials’
A bill that would remove legal protections for schools, colleges, universities and libraries to disseminate “harmful” materials to minors is headed to the House for a vote after it cleared a committee Thursday.
The bill, presented by Rep. Gayann DeMordaunt, an Eagle Republican, would remove an exemption given to schools, public libraries, universities, and museums regarding distributing harmful materials to minors.
Idaho law essentially doesn’t define harmful materials. Idaho code says that someone is guilty of disseminating such materials that include “nudity, sexual conduct or sado-masochistic abuse” or “any other material harmful to minors.”
During a committee meeting Thursday, DeMordaunt said she has been concerned for a long time about the “obscene and pornographic material” she claimed finds its ways into schools and libraries.
“While likely this is inadvertent, the increasingly frequent exposure of our children to obscene and pornographic materials in places that I as a parent assume are safe and free from these kinds of harmful materials is downright alarming,” she said.
During the discussion, several librarians raised concerns about whether the bill criminalizes librarians.
Those against the bill also questioned where the line is drawn and what books could be considered harmful.
Opponents raise concerns about censorship
During the meeting, opponents of the bill noted that taken out of context, many passages in books could appear harmful.
Some who testified also asked what exactly falls into the category of harmful materials. A librarian asked whether the category included pornographic materials with sexual content, or if it extended to materials about violence, guns or mental health conditions.
“We walk down the slippery slope of censorship, of constitutionally protected speech, when we have a bill like this,” Boise librarian Erin Kennedy said.
Other opponents said the bill does not seek to take books off the shelves, but instead criminalizes library work.
Huda Shaltry, a library branch supervisor in Boise, explained the process of getting a book on the shelf of a library and said there are procedures already in place to have a book removed.
“We are not talking about censorship and removing these books, we’re talking about criminalizing library workers, if minors get these books,” she said. “I’m a supervisor at a branch. I do not decide what books are in my library.”
She added that libraries don’t have pornographic material, even for adults.
Supporters say state must protect children
Supporters of the bill said no one should be exempt from the law on disseminating harmful materials to minors.
They said the community has a responsibility to protect children and talked about their experiences of finding books in the children’s sections they believed were inappropriate.
Some parents brought books with them to present to the committee. One parent brought a book called “ABC’s of Equality.” The “T” in the book stood for “transgender” and the book explained that sometimes “the sex given by the doctor at birth might not fit with who the person is.”
Many people who supported the bill said they didn’t want minors to access books about gender identity or LGBTQ experiences.
The bill will now go to the full House for a vote.
This story was originally published March 3, 2022 at 4:48 PM.
