PRINCETON, W.Va. (WVNS) — A West Virginia librarian said on Thursday, that a law proposed by state lawmakers could stop young adults from checking out popular books if librarians fear criminal charges.
A new bill in the state legislature, known as House Bill 4654, would allow for the prosecution of schools, museums, and libraries for displaying obscene material to children with violators facing up to $25,000 in fines and up to five years in prison under current state obscenity laws.
The bill does not give librarians and teachers a list of books to ban for minors, but it would allow police to arrest them, and they can be sentenced, if they provide minors with a book that state courts could define as “obscene.”
Critics say the bill—which lifts criminal exemptions for obscene material from schools and libraries—is murky and would have a chilling effect on federal First Amendment rights if passed.
“It would create a fear in putting books into the hands, particularly, of the youth, which is in question here,” said Laura Buchanan, Director of Princeton Public Library in Mercer County. “I also feel like it’s another form of censorship.”
Buchanan said that she believes it appears to be a form of “governmental censorship,” in a state which U.S. News and World Report ranked as #47 in education, and where the number of 8th-grade students who meet academic proficiency standards dropped to 22% in 2022—down from 25% in 2019 and 28% in 1998, according to data at the National Center for Education Proficiency.
Buchanan said her branch requires parents to sign a permission slip that allows their children to check out books, which is a step taken voluntarily to honor parental wishes and to protect librarians from civil litigation.
However, under the new bill, both parents and librarians could face criminal charges if a child checks out a book that a state judge would later rule to be “obscene.”
Raleigh County Prosecuting Attorney Ben Hatfield and Fayette County Prosecuting Attorney Anthony Ciliberti said parents are already non-exempt from criminal penalties if they provide children with obscenity.
State law defines obscenity as “a work any average, reasonable person would find without literary value and designed to appeal to prurient interests.”
“Anyone, including a parent, that shows their child material that fits this definition can be charged,” Hatfield said. “It wouldn’t change if the new law passes.”
Pornography is a common example of material that meets state obscenity laws. Buchanan said her branch does not stock pornography or any material that has been legally classified as “obscene.”
However, state libraries carry books that some adults may find offensive and sexual in nature, such as Harlequin romances or the popular “Twilight” series, written for young adults.
“Twilight, you know, where those are a little steamy, so where is this line?” Buchanan asked. “Who is determining what is considered obscene or erotic material?”
Hatfield said it is unlikely “Twilight” would meet the legal standard for obscenity designation, but Buchanan emphasized that these are the types of questions librarians would be required to consider.
She said the proposed law deals with minors and therefore raises questions about how the concept of age-appropriate content could put librarians at risk of criminal charges.
A work that does not meet obscenity guidelines for adults could possibly be construed as “obscene” if given to a minor.
“How do we analyze the content of books? You have books here that deals with human anatomy,” she said. “Is that doing to be deemed something that only people 18 and older can be checked out?”
The bill was introduced in the House of Delegates on Jan. 12 and has not made any progress as of Jan. 26.
