Censorship Corner: "West Virginia House Passes Bill Allowing Prosecution of Librarians"

From Steven Allen Adams' 2-17-24 PARKERSBURG NEWS AND SENTINEL article entitled "West Virginia House Passes Bill Allowing Prosecution of Librarians":

The West Virginia House of Delegates debated the merits of removing protections for public librarians and school librarians from criminal prosecution in the off chance a minor encounters books and content some consider to be obscene.

The House passed House Bill 4654 – removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to a minor of obscene matter – in a 85-12 vote Friday, sending the bill to the state Senate.

HB 4654 would lift criminal liability exemptions from schools in the presentation of local or state-approved curriculum, and public libraries and museums displaying obscene matter to a minor when the child is not accompanied by a parent/guardian.

State Code defines obscene matter as anything an average person believes depicts or describes sexually explicit conduct, nudity, sex or certain bodily functions; or anything a reasonable person would find lacks serious literary, artistic, political or scientific value. According to State Code 61-8A-2, any adult who knowingly and intentionally displays obscene matter to a minor could be charged with a felony, fined up to $25,000 and face up to five years in prison if convicted [...].

Opponents of the bill said that while the bill does not ban books, the bill would have unintended consequences for public and school libraries, resulting in increases in challenges to even classic books and attempts to criminally charge librarians over books not pornographic in nature, but books that include descriptions of sex. They also said it could result in improper criminal charges against library staff.

“It is going to cost our counties and our librarians when these matters go to the court system,” said House Minority Leader Sean Hornbuckle, D-Cabell. “Because this is still vague, I’m scared … This is a very dangerous bill” [...].

According to PEN America — a freedom of expression and 1st Amendment advocacy organization — several states are either removing criminal liability exemptions for public and school libraries, or expanding the definition of obscenity to capture a wider array of books that could potentially result in criminal charges for simply having them on a shelf. The most recent was Montana last year.

To read the entire article, click HERE.