Missouri libraries must protect kids from ‘inappropriate’ books or lose funds: Proposal

Now that school districts are removing books from their libraries to comply with a new state law, Missouri Secretary of State Jay Ashcroft could take that a step further — and require all state-funded public libraries to “protect minors” from materials that are not age appropriate.

Public libraries would be prohibited from using state funds to purchase materials that appeal to the “prurient interest of a minor.” They would risk losing funding by violating the proposed rule.

Parents would be emboldened to challenge materials, displays or events if they think they’re not age appropriate. And the result of any challenge must be displayed on the library’s website.

“When state dollars are involved, we want to bring back local control and parental involvement in determining what children are exposed to,” Ashcroft, a Republican, said in a news release. “Foremost, we want to protect our children.”

This year the Missouri General Assembly approved legislation that prohibits images in school materials that could be considered sexually explicit.

Ashcroft’s duties include being state librarian, so his administrative proposal would require no legislative approval. But residents can submit input starting on Nov. 15 for 30 days before it would be approved.

The American Civil Liberties Union of Missouri, librarians and free speech advocates are pushing back, arguing that the proposal is the latest attack on intellectual freedom after months of attempts across the state to ban children’s books — most of which have LGBTQ characters or themes about race.

“The Secretary of State’s latest proposed rule corrupts the free exchange of ideas that our public libraries provide in an attempt to whitewash viewpoints and perspectives of historically marginalized communities,” Tom Bastian, with the ACLU of Missouri, said in a statement. “The proposed rule is purely political censorship intending to silence ideas, stifle diversity, and to raise doubt in our public institutions while pandering to a small but radical group of book banners.”

The Missouri Library Association argued the proposed rule is an “infringement on the professional judgment of librarians, and an effort to further stoke division in the communities that libraries serve.”

“Libraries support access to information and ideas. The placement of books and materials in libraries is something that should be left up to people with training and experience in the profession of librarianship,” the association said in a statement. “Ashcroft’s proposed changes also place undue burden on small and urban libraries by undermining not only their sense of agency but their ability to access information. The libraries who are most in need of state funding and assistance are also the most at risk under the proposed change.”

JoDonn Chaney, a spokesman for the secretary of state, argued that the proposal is “not an attempt to ban books.”

“It’s an attempt to basically put control back to the libraries and give parents the ability to determine what is appropriate for their child,” he said. “And bottom line is this is to protect our kids.”

Under the rule, libraries would be required to adopt written policies determining what material is age appropriate, and make those accessible to parents. Libraries also would be required to honor a parent’s decision as to what material their child has access to in the library. The rule states that libraries would be barred from using state funds to purchase materials that appeal to the “prurient” interests of a minor — although it provides no definition of that, or any details on how libraries should determine whether materials are age appropriate.

“We’re trying to get control back to the libraries themselves and also to the parents. Each community is different, and each should decide what they put in their library,” Chaney said.

Librarians say they already have policies for determining what materials go into their children’s sections. And they already have processes for allowing residents to challenge materials. Kansas City Public Library, for example, has those policies already available on its website, said Cindy Hohl, director of policy analysis and operational support.

“Libraries certainly protect the interests of all users. And we’ve always supported individuals, from youths to adults, so we would certainly hope that the library continues to be seen as a trusted public space that is safe and available for anyone to use,” Hohl said.

In a statement, the Kansas City Public Library said, “We remain sensitive to any specter of censorship and restriction of equitable access to books and other vital Library materials. Yes, parents and guardians should be arbiters on what is suitable for their children. They shouldn’t impose those choices on others. Nor should the state of Missouri.”

Susan Wray, acting director of Mid-Continent Public Library, said the library system, headquartered in Independence, uses the “audience age set by publishers” to determine where to stock books on shelves.

“I can share that at MCPL, one of our core principles is Intellectual Freedom, which means that we allow caregivers to select which materials are right for themselves and their children without interference. We believe families should have the freedom to make their own choices about which materials are ‘appropriate.’

“Collection Development staff do not make judgments on what is ‘appropriate,’ because again, we believe in Intellectual Freedom and letting caregivers make those determinations.”

The proposal for public libraries comes after some Kansas City area school districts this fall pulled books off of library shelves, in response to a new Missouri law banning sexually explicit material from schools. Librarians or other school employees who violate the law could be charged with a misdemeanor, risking up to a year in jail or a $2,000 fine.

Kansas City districts removed a wide array of books and graphic novels, including “Watchmen” and the graphic novel versions of “Slaughterhouse-Five” and “The Handmaid’s Tale.”

After the law took effect in late August, Crystal Faris, deputy director of youth and family engagement with Kansas City Public Library, told The Star that she is “frankly worried” about the repercussions.

“I am worried that there will be a desire to expand this beyond a school setting. If it expands beyond that to a public library, I’m worried that will mean children will not have access to materials that they need and would like to read. I understand the desire to protect children, but I also firmly believe that is a parent’s role and responsibility, not the public library’s.”

For months, conservative politicians, action committees and parent groups in the Kansas City metro have spearheaded challenges to school library books, mostly featuring racially diverse or LGBTQ characters. It’s a trend seen across the country, with the American Library Association reporting that the number of attempts to ban or restrict books this year is on track to exceed last year’s total, which was the highest in decades.

In announcing the proposed rule for public libraries, Ashcroft said that since taking office in 2017, he “has worked closely with Missouri’s libraries and the state legislature to improve state funding and improve public libraries.”

“Supporting the efforts of libraries across our state has been a priority of mine since day one — we have been able to provide millions of dollars to libraries through grants and other funding,” Ashcroft said. “Yes, we want to make sure libraries have the resources and materials they need for their constituents, but we also want our children to be “children” a little longer than a pervasive culture many often dictate.”

To comment on the proposed rule, residents can email comments@sos.mo.gov or mail the Office of the Missouri Secretary of State, P.O. Box 1767, Jefferson City, MO, 65102.