08/01/2026
BREAKINGšØ Arkansas can now jail librarians for up to a year over books on their shelves, a federal appeals court ruled Thursday.
A three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis ruled Thursday, in a 28-page decision, that Arkansas' Act 372 is not overbroad and not too vague. Two of the three judges, Ralph Erickson and L. Steven Grasz, were appointed by Donald Trump in 2017.
Act 372, signed by Gov. Sarah Huckabee Sanders in 2023, makes "furnishing a harmful item to a minor" a Class A misdemeanor punishable by up to a year behind bars, and it reaches librarians and booksellers for merely making a book available. U.S. District Judge Timothy Brooks blocked it days before it was to take effect, and it has never been enforced.
Brooks wrote that the law "deputizes librarians and booksellers as the agents of censorship." The only way to comply and still let anyone under 18 through the door, he said, would be "to keep them away from all books with sexual content" ā a category that would sweep in Romeo and Juliet and sex-ed manuals like Our Bodies, Ourselves.
The other revived section lets residents challenge a book's "appropriateness," with city councils and county quorum courts holding the final say. Crawford County already ran that experiment. It shoved LGBTQ+ children's books, including "Uncle Bobby's Wedding," into a separate adults-only "social section," and lost a federal lawsuit brought by three parents in 2024. County Judge Chris Keith, who would help enforce the law, testified in a deposition that he had not reviewed the books.
John Adams, lead counsel for the 18 plaintiffs, told the panel in June that the case was about "whether the state of Arkansas can threaten librarians and booksellers and parents with jail for merely making available a book."
If you appreciate my posts, it would mean the world if you followed my page. Thank you for being here.