BISMARCK, N.D. — West Virginia lawmakers are contemplating legislation that could expose public and school libraries to felony charges for the display or distribution of obscene material. House Bill 4654 is set for a public hearing on Wednesday at 8:30 a.m., with librarians expressing concerns about the potential implications and burdens.
The proposed legislation seeks to eliminate the current exemptions granted to public and school libraries under the state’s obscenity laws. If passed, librarians could face charges, including fines up to $25,000 and imprisonment for up to five years. Currently, libraries enjoy exemptions, but the bill aims to remove these safeguards.
The bill follows a trend seen in several states, such as Arkansas, which have enacted similar laws in recent years. Typically, the materials scrutinized are not explicit pornography but works dealing with sensitive topics, including gender identity and sexuality.
Librarians argue that the proposed changes could lead to self-censorship, limiting the selection of books and increasing insurance liabilities, further straining already tight budgets. The legislation could hinder the diversity of available materials and impact the accessibility of certain works.
Delegate Brandon Steele, R-Raleigh, the bill’s main sponsor, contends that the legislation aims to prevent the intentional exposure of explicit material to minors in libraries. He emphasizes that any gray areas in the law could be addressed in the courts, trusting the judicial branch to interpret and apply the legislation appropriately.
Opponents, including Democrats in the House of Delegates, criticize the proposal as a potential “book ban bill.” They argue that it could criminalize librarians and educators, resulting in a chilling effect on various works, including religious texts, biographies, and classical art.
As the public hearing approaches, librarians and advocates express hope that the legislation will not advance, citing concerns about its potential impact on intellectual freedom, community access to information, and the financial burden it may impose on libraries. The House Judiciary Committee has deferred consideration of the bill until after the public hearing.