In a significant development, a federal judge has temporarily blocked Arkansas from enforcing a controversial law that would have allowed criminal charges against librarians and booksellers for providing “harmful” or “obscene” materials to minors. US District Judge Timothy L. Brooks issued a preliminary injunction against the law on Saturday, stating that it violated the First Amendment rights of Arkansans and constituted censorship. The measure, signed by Republican Governor Sarah Huckabee Sanders earlier this year, was set to take effect on August 1.

The law also sought to create a new process to challenge library materials and request their relocation to areas not accessible to children. However, a coalition that included the Central Arkansas Library System in Little Rock challenged the law, arguing that the fear of prosecution could lead libraries and booksellers to stop carrying titles that might be challenged. The judge also rejected a motion by the defendants, which included prosecuting attorneys for the state, seeking to dismiss the case.

Under the blocked law, librarians or booksellers that “knowingly” loaned or sold books deemed “obscene” could have faced a class D felony charge. Possession of such material could lead to a class A misdemeanor. Additionally, providing a book considered “harmful” to a minor could result in a class A misdemeanor charge. The law also established a process for members of the public to challenge the appropriateness of a book, requiring library officials to convene committees to review and vote on whether a challenged book should be moved to areas of the library inaccessible to minors.

The American Civil Liberties Union (ACLU) of Arkansas, which represented some of the plaintiffs, welcomed the court's ruling, emphasizing the protection of Arkansans' access to reading materials and the defense of cherished liberties. The absence of a preliminary injunction would have greatly jeopardized First Amendment rights, according to Holly Dickson, the executive director of the ACLU in Arkansas.

This lawsuit reflects a broader trend across conservative states where lawmakers are increasingly pushing for measures that make it easier to ban or restrict access to books. Last year, the number of attempts to ban or restrict books in the US reached its highest level in the 20 years that the American Library Association has been tracking such efforts. Several states, including Iowa, Indiana, and Texas, have already enacted laws that restrict access to certain materials or facilitate the challenge of books.

Arkansas Attorney General Tim Griffin has stated that his office will review the judge's opinion and continue to vigorously defend the law. Meanwhile, Nate Coulter, the executive director of the Central Arkansas Library System, expressed relief at the judge's decision, describing the law as censorship and a violation of the Constitution that unfairly targeted librarians. Cheryl Davis, general counsel for the Authors Guild, also expressed satisfaction with the ruling, cautioning that enforcing the law would likely limit the free speech rights of older minors capable of reading and processing more complex materials than young children.

The Arkansas lawsuit names the state's 28 local prosecutors as defendants, along with Crawford County in west Arkansas. In a separate lawsuit, the Crawford County library's decision to segregate children's books with LGBTQ+ themes is being challenged. The plaintiffs challenging Arkansas' restrictions include the Fayetteville and Eureka Springs Carnegie public libraries, the American Booksellers Association, and the Association of American Publishers.