The “Children’s School and Library Protection Act”
After three years of legislative showdowns over the issue of library pornography, the “Children’s School and Library Protection Act” became law on July 2, 2024. This groundbreaking new law creates accountability and civil liability for schools and libraries that make “obscene” materials available to minor children. (under 18)
Contrary to opinions expressed in the media and by dissenting lawmakers, HB 710 is NOT a “Nazi book ban” nor does it infringe on first amendment rights. HB 710 outlines a process for parents and library patrons to evaluate materials (not just books!) for obscenity, alert librarians and schools, and articulates consequences if reasonable efforts are not made to prevent minors from accessing these materials.
Summary of the HB 710 process:
- A library or institution gives or makes available material that contains possible obscenity (as defined by the Supreme Court’s 1973 Miller v. California decision and subsequent cases; i.e., the Miller Test);
- Each school and public library shall have a readily accessible form allowing a person to request review of materials the person considers harmful to minors. Such a form shall contain the definition of “harmful to minors” as provided in section 18-1514, Idaho Code.
- Minor, parent, or guardian presents this written notice to library or school regarding material
- Upon receipt of written notice, (within 30 days) the institution’s library board or board of trustees may agree with minor, parent, or guardian as to “obscenity”, and relocate the material to safe, secure place in library or school;
- If library or institution disagrees with minor, parent, or guardian or fails to act, as to “obscenity”, minor, parent, or guardian may ask for a judgment as to “obscenity” by a Civil Court Judge;
- Civil Court Judge utilizes the Supreme Court’s modified Miller Test to examine material for “obscenity.”
- If Judge adjudges material “obscene”, library is required to relocate obscene material to a safe, secure location in the school or library, away from minors,
- Any minor, parent, or legal guardian who prevails in an action brought under this section may recover two hundred fifty dollars ($250) in statutory damages as well as actual damages and any other relief available by law, including but not limited to injunctive relief sufficient to prevent the defendant school or public library from violating the requirements of this section