FIRE Fights Arkansas' Censorship Law, Act 372, in Court
The Foundation for Individual Rights in Education (FIRE) has submitted a brief in the case of Fayetteville Public Library v. Crawford County, arguing against Arkansas' Act 372. The act, which allows anyone to demand book removals or restrictions, threatens librarians and booksellers with jail time for providing minors access to certain works. FIRE contends that the state cannot censor ideas under the guise of protecting children.
FIRE's brief, authored by David A. French, argues that Act 372 is unconstitutionally vague and overbroad. The act uses undefined terms like 'appropriate' and 'accessible', which could lead to viewpoint-based censorship. FIRE maintains that libraries should not be seen as engaging in 'government speech', but rather as providing diverse viewpoints, not broadcasting a government message. The brief highlights that classics like 'Romeo and Juliet' and 'Catcher in the Rye' could be barred from high school shelves under this act, as it treats all minors the same.
FIRE urges the Eighth Circuit to affirm the district court's ruling, which struck down Act 372. The district court found the act unconstitutional due to its vagueness and potential for overreach. FIRE believes that no librarian should face jail time for doing their job and that no state should be able to censor ideas under the guise of child protection.
FIRE's intervention in Fayetteville Public Library v. Crawford County underscores its commitment to protecting intellectual freedom and the mission of libraries as open repositories of knowledge. The organization is asking the Eighth Circuit to uphold the district court's ruling, ensuring that Arkansas' Act 372 does not infringe upon constitutional rights.
