A federal judge has ordered Crawford County officials to stop segregating library books with LGBTQ+ themes into a special section with stigmatizing color labels. The ruling came in response to a lawsuit filed by three mothers and their children in May 2023. The decision is seen as a clear rebuke of censorship approved by the government.
The ruling by Judge P.K. Holmes III in U.S. District Court in Fort Smith noted that the Crawford County Library System implemented a policy to remove books with LGBTQ themes from children’s sections and place them in a separate ‘social section.’ This policy was imposed by the Crawford County Quorum Court in response to political pressure from constituents objecting to the books on religious grounds.
The judge’s ruling stated that the county violated the First Amendment by restricting minors’ access to unpopular opinions, in addition to sexually explicit material. The decision emphasized the importance of maintaining viewpoint neutrality in content-based restrictions in public libraries.
The ruling comes amidst a separate lawsuit over Act 372, a statewide library censorship law passed by the Arkansas General Assembly. The trial for this case is set to begin in December. The decision to not appeal the ruling in the case against Crawford County may be influenced by the pending lawsuit over Act 372.
The judge’s ruling has been praised as a much-needed interpretation of the First Amendment in a time when some government officials are attempting to restrict access to certain materials under the guise of protecting minors. This ruling sets a precedent in ensuring that public officials do not overstep constitutional boundaries when limiting access to library materials.
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