SD committee OKs removing defenses for librarians charged with sharing harmful materials
The Senate Judiciary Committee voted 5-2 Thursday morning to pass a bill removing defenses for employees at schools, colleges, universities, museums and public libraries who are charged with disseminating material harmful to minors, which is a class 1 misdemeanor.
Those individuals would be guilty if they knowingly give or make available to a minor any material described in state law as predominantly appealing to the prurient, shameful or morbid interest of minors; patently offensive to prevailing standards; and is without serious literary, artistic, political or scientific value.
Rep. Bethany Soye, R-Sioux Falls, said she brought House Bill 1239 because she wanted the law applied equally to individuals and private businesses as it currently stands, to the institutions listed in the bill. She said nobody can accidentally violate the statute, and they won’t be liable unless they had actual knowledge that what they were disseminating was harmful to minors.
The bill previously passed on a 10-5 vote in the House Education committee and a 38-32 vote in the House of Representatives.
Proponents say nobody plans to jail librarians with HB 1239
Soye received support for her bill from parents in Sioux Falls, Brookings and Lake City who have previously asked their local school and library boards to reconsider certain titles, but didn’t receive the outcome they desired.The two Sioux Falls parents who spoke — Amy Bruner and Michele Klimek — are also leaders of the Minnehaha County chapter of Moms for Liberty, which is a conservative nonprofit with local chapters nationwide that has lobbied for book bans across the U.S. and has, in many cases, succeeded. Both Bruner and Klimek have taken school board public comment time in previous years’ meetings to ask for the limitation of several books they found fault with.
Bruner said almost all of the books she and other parents have complained about remained on the shelves. She ridiculed the “hysteria” around the bill and said “no one plans to put librarians in jail,” adding that her mom was a librarian, “and she’s a nice lady.” Rather, she said she wants librarians to listen to parents’ complaints.
Klimek said she started complaining about certain books first with her school librarian and principal, then met with a school board member, testified in front of the school board and also at a city council meeting, and shared materials with lawmakers. She said current state law makes her and other parents’ efforts “null and void,” and said HB 1239 removes a carveout that allows harmful materials to go to children.
Other proponents included Sen. Lauren Nelson, R-Yankton, Rep. Kathy Rice, R-Black Hawk, and lobbyists with Concerned Women for America, Protecting South Dakota Kids, the South Dakota Catholic Conference, Family Voice Action, South Dakota Parents Involved in Education and South Dakota Citizens for Liberty.
Soye and other proponents specifically complained about Sarah J. Maas’ “A Court of Silver Flames,” and “Tricks” by Ellen Hopkins, both of which she said are available in multiple school and public libraries across the state.