Fate of bill limiting exposure to ‘obscene’ library materials rests with governor
A week after passage, supporters and opponents of legislation to further restrict explicit materials available to minors in taxpayer-funded libraries and schools in North Dakota remain in limbo as to whether Gov. Kelly Armstrong plans to sign the measure. Inforum notes the bill picks up where legislation from two years ago left off in protecting youngsters under 18 from exposure to graphic content
Senate Bill 2307 requires school and public libraries to move “offensively sexual” content to an area not “easily accessible” to minors — whether that be in a cabinet, a roped-off aisle, or on a higher shelf.
It adds to a law enacted in 2023 that bans “sexually explicit” materials from the children’s section of a public library and allows people to ask libraries to remove such content they find to be “inappropriate.”
The rules in SB 2307 extend to school libraries, entities not included in the 2023 law.
Supporters argue the legislation brings more clarity for concerned parents on the necessary steps to be taken in the event of a complaint and for and school and library officials on the procedures for handling complaints.
If enacted, anyone, including out-of-state residents, could ask a library to review material they consider offensive.
A complainant can appeal that decision to the library’s governing body if they disagree with a library’s decision to not relocate material.
If the body opts to keep the material, an individual can bring the matter to the local state’s attorney, who would then have to read the material, determine if it’s unlawfully obscene, decide whether to prosecute the library and potentially be the prosecutor.
Opponents have staged read-ins outside libraries to call attention to what they say would “criminalize librarians” and unnecessarily drive up the cost to taxpayers.
Right to Read North Dakota is calling on Governor Kelly Armstrong to veto the bill, which would impose unnecessary censorship mandates on public and school libraries, increase state control over local governance, and create new legal liabilities for educators and librarians.
“We are disappointed and frustrated that the legislature ignored the overwhelming concerns of library professionals, legal experts, and community members,” said Randi Monley and Mariah Ralston, Co-Chairs of Right to Read ND. “But we are not stopping. We are urging Governor Armstrong to veto this harmful and unnecessary bill.”
At the same time, parental rights advocates hailed the measure, which also provides for financial penalties for libraries that fail to follow what Concerned Women for America calls new “safety” guidelines.
There has been another great victory for the children in North Dakota! Our legislators have heard our voices and voted to support SB 2307 which strengthens the law to prevent minors from accessing obscenity.
Both sides continue to encourage grassroots advocates to contact the governor’s office in advance of a final decision. Former Gov. Doug Burgum vetoed a related measure in 2023.