Book Battle in Tennessee; American Libraries, May 11, 2022

Lindsey Kimery , American Libraries; Book Battle in Tennessee

Librarians fight back against state’s “obscenity” bill

"So how would HB 1944/SB 1944 work? First, it would create a process for a parent or guardian to submit to a district’s superintendent a concern about a book they deem “obscene.” Upon receipt of the complaint, a district must remove the book from all library shelves for no less than 30 days. The school board then reviews the book, applying the Miller test, the primary legal test for determining whether expression constitutes obscenity. They examine if the work:

(a) would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful, or morbid interests of minors

(b) whether the work displays sexual conduct is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors

(c) taken as whole lacks serious literary, artistic, political, or scientific value for minors

If the book is deemed obscene or harmful to minors, it must be permanently removed. A librarian who disregards the directive can be charged with a misdemeanor and subject to a $50,000 fine. A subsequent offense is a Class E felony, which could mean prison time of one to six years in Tennessee, in addition to a fine of up to $3,000...

We can’t help but see school libraries and school librarians as collateral damage in the wake of midterm elections and extremism against public education. Being a school librarian is an honorable profession, but some have attempted to align it with criminality. We know we are trained professionals, and we work tirelessly to tailor our collections to our students’ needs and the needs of our school communities."