Books containing “sexually explicit” content — including depictions of sexual or gender identity — would be banned from North Dakota public libraries under legislation that state lawmakers began considering Tuesday.
The GOP-dominated state House Judiciary Committee heard arguments but did not take a vote on the measure, which applies to visual depictions of “sexually explicit” content and proposes up to 30 days imprisonment for librarians who refuse to remove the offending books.
But critics said the measure is “steeped in discrimination” and would allow government censorship of material that is not actually obscene. Stark County resident Autumn Richard also spoke in favor of the bill, giving examples of explicit content in the graphic novel “Let’s Talk About It: The Teen’s Guide to Sex, Relationships, and Being a Human” and the kids' comic book “Sex Is a Funny Word" — both available in public libraries.
“Nearly 50 years ago, the Supreme Court set the high constitutional bar that defines obscenity,” said Cody Schuler, an advocacy manager at the American Civil Liberties Union of North Dakota, who testified against the bill. Facing criminal charges for keeping books on shelves is “something I never thought I would have to consider during my career as a librarian,” Kujawa added.
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