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US Librarians Fear Penalties, Prison over Book Bans
An illustrated2 edition of Margaret Atwood's book The Handmaid's Tale was released in 2019. The book is widely considered a classic work about the oppression of women. An illustrated version of the book would help it reach teens who struggle with words alone.
Educators in Clayton, Missouri, needed little debate before deciding to keep copies of the book in high school libraries.
But Missouri legislators passed a law in 2022 punishing librarians with fines and possible imprisonment3 for permitting sexually explicit4 materials on bookshelves. The school system reconsidered the new Atwood edition and later removed it from libraries.
Across the country, book bans and attempted book bans are becoming more common. Public and school-based libraries have seen a rise in complaints from community members and conservative activists5.
Now, some lawmakers are considering adding new threats: legal action, high fines, and even imprisonment for distributing books that some consider to be obscene or inappropriate. Obscene means related to sex in an offensive way.
No librarian or educator has been jailed yet. But the possibility of punishment has led to more self-censorship.
Already this year, lawmakers in more than 15 states have introduced bills to place severe penalties on libraries or librarians.
Utah passed legislation in March that empowers the state's Attorney General to enforce a new system that can remove "sensitive" books from schools.
In Idaho, lawmakers are considering a bill that empowers local prosecutors7 to bring legal action against public and school libraries if they do not keep "harmful" materials away from children.
Deborah Caldwell-Stone is director of the American Library Association's Office for Intellectual Freedom. She said, "The laws are designed to limit or remove legal protections that libraries have had for decades."
Since the early 1960s, places like schools, libraries and museums have largely been safe from costly8 lawsuits10 or criminal charges. Educators, librarians and other workers who give out materials to children have also been safe.
These protections began appearing in states as American lawmakers and others debated standards surrounding obscenity. The term was defined by the U.S. Supreme11 Court in 1973.
The high court justices found that the First Amendment12 does not automatically protect obscene materials. For something to be "obscene," it must meet three requirements. One requirement is that the work must lack "serious literary, artistic13, political, or scientific value."
Over time, almost every American state created protections for educators, librarians and museum officials. This prevented "prosecutions14 of teachers over health and sexuality curriculum, art, theater, and difficult subjects in English classes," says a 2023 report from EveryLibrary. The group, a national political action committee, opposes censorship.
But last year, Arkansas and Indiana targeted educators and librarians with criminalization laws. And the state of Tennessee criminalized publishers that provide "obscene" materials to public schools.
Indiana lawmakers took away "educational purposes" as a defense15 for school librarians and educators charged with giving minors16 "obscene" or "harmful" material. Doing so are crimes punishable by up two and half years in jail and $10,000 in fines. The law requires public lists of what is in each school library. It also requires libraries to set up a system to respond to complaints about the available materials.
Indiana's law took effect January 1.
Diane Rogers is a school librarian who serves as president of the Indiana Library Federation17. She said of the new law, "It's putting fear into some people. It's very scary."
She added that teachers who face charges because of the new law could lose their right to teach, even if they are found innocent.
Words in This Story
illustrate1 — v. to explain or decorate a story, book, etc., with pictures
explicit — adj. showing or referring very openly to nudity, violence, or sexual activity
inappropriate — adj. not right or suited for some purpose or situation
censor6 — v. to examine books, movies, letters, etc., in order to remove things that are considered to be offensive, immoral18, harmful to society, etc.
introduce — v. to present for discussion or consideration
lawsuit9 — n. a process by which a court of law makes a decision to end a disagreement between people or organizations
automatic — adj. always happening because of a rule, law, previous agreement, etc.
curriculum — n. the courses that are taught by a school, college, etc.
1 illustrate | |
v.举例说明,阐明;图解,加插图 | |
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2 illustrated | |
adj. 有插图的,列举的 动词illustrate的过去式和过去分词 | |
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3 imprisonment | |
n.关押,监禁,坐牢 | |
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4 explicit | |
adj.详述的,明确的;坦率的;显然的 | |
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5 activists | |
n.(政治活动的)积极分子,活动家( activist的名词复数 ) | |
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6 censor | |
n./vt.审查,审查员;删改 | |
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7 prosecutors | |
检举人( prosecutor的名词复数 ); 告发人; 起诉人; 公诉人 | |
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8 costly | |
adj.昂贵的,价值高的,豪华的 | |
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9 lawsuit | |
n.诉讼,控诉 | |
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10 lawsuits | |
n.诉讼( lawsuit的名词复数 ) | |
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11 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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12 amendment | |
n.改正,修正,改善,修正案 | |
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13 artistic | |
adj.艺术(家)的,美术(家)的;善于艺术创作的 | |
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14 prosecutions | |
起诉( prosecution的名词复数 ); 原告; 实施; 从事 | |
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15 defense | |
n.防御,保卫;[pl.]防务工事;辩护,答辩 | |
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16 minors | |
n.未成年人( minor的名词复数 );副修科目;小公司;[逻辑学]小前提v.[主美国英语]副修,选修,兼修( minor的第三人称单数 ) | |
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17 federation | |
n.同盟,联邦,联合,联盟,联合会 | |
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18 immoral | |
adj.不道德的,淫荡的,荒淫的,有伤风化的 | |
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