Missouri Librarians and ACLU Sue Over Censorship Law
On February 23, 2023, the Missouri ACLU filed a lawsuit in the Circuit Court of Jackson County on behalf of the Missouri Association of School Librarians and the Missouri Library Association. The lawsuit challenges a government censorship law that has led to the removal of hundreds of titles from school libraries across the state. Missouri Revised Statute §573.550, passed last session in Senate Bill 775, forbids school officials from “providing explicit sexual material to a student.” The Missouri ACLU alleges that the law is too broad and violates First Amendment rights. At least 11 districts in the state have reviewed or removed books from their libraries since the law was enacted.
The groups argue that the law puts school librarians in danger and threatens their livelihoods. The fear of prosecution has already led to self-censorship, making it difficult to keep qualified professionals in Missouri, according to Joe Kohlburn, a committee chair with the Missouri Library Association. The lawsuit also alleges that many of the books being removed are by or about minority individuals or those who identify as LGBTQ+.
The groups argue that the law is unclear and undefined. There is a possibility that it could apply to both kindergartners and high school seniors, or even restrict books brought into schools from people’s personal collections. The groups say that the law violates a state law that makes exceptions for works of art, materials used in science courses, and works of anthropological significance.
Senate President Pro Tem Caleb Rowden has expressed skepticism about the legal challenge. He believes that keeping explicit content out of libraries is not a violation of First Amendment rights.
The legislation was passed as groups around the country raised concerns about books and curriculum in schools, particularly pertaining to race, sex, and gender. The librarians' lawsuit argues that the law’s restriction of materials poses a threat to educators, administrators, and library professionals, causing them to self-censor when selecting and retaining materials and titles.