Iowa bill advanced Monday would remove library exemptions from obscenity restrictions

DES MOINES — Exemptions from restrictions on obscene materials would be lifted from Iowa public libraries under legislation advanced by state lawmakers Monday.

The bill, Senate File 2119, would repeal a section of Iowa code that provides exemptions from restrictions on obscene materials that currently applies to public libraries, which supporters of the legislation argue allows minors to access inappropriate materials through public institutions.

Librarians, however, expressed concern that repealing the exemption would make libraries and their staff vulnerable to frivolous lawsuits and restrict their abilities to distribute educational materials.

Iowa state Sen. Lynn Evans, a Republican from Aurelia who sponsored the bill and chairs the Iowa Senate Education Committee, noted that public libraries and public schools are the only institutions in Iowa that are exempt from the state obscenity law.

“I don't see why any institution would have fear of striking the obscenity statement from Iowa code,” Evans said. “I would think that they (libraries) would welcome that because it would be supporting of what they're saying, that (they) do not have obscene materials based on what's already in Iowa code.”

Iowa code defines material as obscene if it depicts “genitals, sex acts, masturbation, excretory functions or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political or artistic value.”

Chris Stoner, a librarian at the Hiawatha Public Library, said that although Iowa public libraries don't carry obscene content, removing the protection would subject libraries to legal challenges from people who disagree with content. He added this would deplete the financial resources of libraries with already low budgets.

“If an individual disagrees with the content of an item in our collection, they can circumvent the library's book challenge process and take the library to court instead by claiming it as obscene, when the proper approach is to have faith in your own parenting, to curate materials that are appropriate for your family to access,” Stoner said.

“This exemption is a fundamental building block of ensuring free and open access to very few points on subjects by protecting libraries from self-censorship out of fear of litigation,” he continued.

Damian Thompson, representing Iowa Safe Schools, said the exemption is necessary for educators and librarians to use materials that help teach “complex topics in literature, science, history or art.”

“A high school English teacher teaching a classic novel that deals with sexual assault as part of a broader moral or historical discussion could suddenly be scrutinized under criminal obscenity standards,” Thompson said. “A school library carrying a book that discusses the realities of bullying or abuse, topics that many Iowa students experience firsthand, could become the subject of a legal challenge.”

Amber Williams, representing Inspired Life, argued the legislation would not ban books or criminalize literature with serious value, but rather would remove a “carve-out” for public schools and libraries.

“Parents should not have to accept a lower standard of protection for their children simply because the material is accessed in a public institution. Schools and libraries serve minors. With that responsibility comes accountability. This bill is about consistency under the law, and it is about protecting children,” Williams said.

The three-member subcommittee advanced the proposal along party lines, with Evans and Republican state Sen. Mike Pike, of Des Moines, signing off to advance it.

Democratic state Sen. Herman Quirmbach, of Ames, declined to advance the bill, arguing that state law already bans obscene materials from public libraries. He said he would be open to pursuing a “more narrow approach” requiring parental consent for individual students to access certain pieces of literature.

The legislation is one of multiple Republican-sponsored bills this session addressing content found in public libraries. House File 2309, which advanced out of a House subcommittee Feb. 12, would prohibit libraries from distributing “material harmful to minors” to children without parental consent and make any violation a criminal offense.