Librarians sue over Missouri law that bans 'explicit sexual material,' spurred book removals

JEFFERSON CITY — Librarians in Missouri are going to court to challenge a state law that has led to hundreds of books being banned or targeted for removal in schools across the state.

In a lawsuit filed by the Missouri ACLU in Kansas City, the groups allege that the law, which outlawed school officials from "providing explicit sexual material to a student," is a violation of First Amendment rights and overly broad in scope and definition. Since it was signed into law last year, at least 11 districts have reportedly reviewed or removed hundreds of books from their libraries in response to the law.

"The law presents specific peril for school librarians, but also endangers the work and livelihoods of public and academic librarians who work with K-12 schools in various capacities," said Joe Kohlburn, a committee chair with the Missouri Library Association, in a statement Thursday. "Librarians have been undermined politically in this state for long enough, and the fear of prosecution is an ongoing issue for keeping qualified professionals in Missouri, as well as bringing new people into the profession."

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Gillian Wilcox, the deputy director for litigation for the ACLU of Missouri, said lawmakers were "using the government-knows-best model for legislation — in this case telling parents what their children can and can't read at school and, in some cases, at home, while imposing criminal penalties on those who might disagree."

Their lawsuit argues that books being removed from schools violates state law making exceptions for "works of art ... or works of anthropological significance ... or materials used in science courses." It also alleges that many of the books being removed "are authored by or are about individuals who are minorities and/or identify as LGBTQ+."

"The uncertainty caused by (the law) has caused library professionals, educators and administrators to self-censor when they consider the selection and retention of materials and titles for library and curricular collections," the lawsuit reads.

The groups also argue that several parts of the law are undefined and unclear — such as potentially applying the same restrictions to both kindergartners and high school seniors, or also restricting books brought into schools from a person's own collection.

Senate President Pro Tem Caleb Rowden, a Columbia Republican who was serving as majority floor leader last year when the bill passed, called it a "tough issue" but said he was dubious about the strength of the legal challenge.

"How it gets defined obviously matters, but I think the general premise that keeping explicit content out of libraries and out of the view of minors and public spaces is a violation of the First Amendment is a pretty extreme view, in my opinion," Rowden said.

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The measure restricting explicit materials was attached to Senate Bill 775 last year by Sen. Rick Brattin, a Harrisonville Republican, to a bill governing the rights of sexual assault survivors. Brattin had brought up the language on several occasions, mentioning it as a key priority of his and other members of the now-disbanded hardline Conservative Caucus in the Senate.

At the time, the language's addition was widely seen as hijacking the bill — leading to a joint news conference with the majority of the Senate condemning Brattin and other members of the subgroup who had often sought to insert their own priorities into separate legislation. However, the legislation was advanced and signed into law with similar language to Brattin's still included.

The legislation was passed and signed into law as Republican elected officials and conservative circles around the country began to raise concerns about books and curriculum within schools, particularly pertaining to race, sex and gender.

Secretary of State Jay Ashcroft submitted a still-pending state regulation last year requiring libraries to restrict minors from accessing some materials. A number of school districts throughout the state have held hearings to determine whether to remove books; Nixa High School in southwest Missouri has seen more than 20 requests to remove books from its library, among others.

Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com or on Twitter @galenbacharier.