Fahrenheit 2158: Part 1
Oklahoma Sucks will present this multi-part discussion of the state’s attempt to move “sexually explicit” content in state libraries to an adult section. This first part introduces the debate.
Unless you only watch nothing but cable television or American Idol, you’re probably aware of Oklahoma House Bill 2158 making its way to the state senate for a vote.
What is HB 2158?
According to Oklahoma Public Radio, the bill will force libraries who receive state funds to remove books from children’s sections that are “sexually explicit” or contain “gay themes”.
This bill started from the discovery of the book King and King, a children’s book that tells the story of a prince who falls in love with another prince, instead of a princess.
Lawmakers are concerned with the effect these books have on minors.
The Oklahoma Library Association and others are concerned that this bill usurps minors’ First Amendment protection.
The law states:
“A municipal governing body or its appointed library board shall not expand or authorize the expenditure of any funds available for the operation of a public library unless the library has taken action to place all children and young adult materials that contain homosexual or sexually explicit subject matter in a special area of the library which is separate and apart from the children and young adult sections of the library and the library has a policy in place to limit distribution of material to adults only.”
Many parents do not see the reason to challenge such a law and even to some extent support it.
The Oklahoma Department of Libraries and the Oklahoma Library Association believe that the bill will lead to the following outcomes:
- the diminishing control by local library boards;
- the impact on local funding;
- the implementation and policing of the bill;
- the future impact on minors, especially young adults and teens;
- and the legality and constitutionality of the bill.
Is this bill likely to sustain a legal challenge?
According to the Oklahoma Department of Libraries, they cannot ask the state attorney general about the pending bill for state liability reasons.
But in Tinker v. Des Moines, the Supreme Court upheld the rights of minors when John Tinker and others wore arm bands protesting Vietnam to school.
This is not much different.
Courts have found that accessing information is just as much a part of free speech as expression is, so I predict that this bill will fail, along with several thousands, if not millions of valuable tax payer dollars.