Librarians Find Themselves on the Frontline Battling Against Censorship
The printing press is considered one of mankind's greatest inventions. By making the printed word cheap and accessible, it ushered in a dramatic increase in education and made knowledge both sharable and timeless. Public libraries supported by the government appeared in England in the seventeenth century. The first public library in the United States was established in New Hampshire in 1833.
When considering jobs that require a fierce and passionate warrior, a librarian is probably not going to be at the top of many people's lists. Yet some of these keepers of the books are currently engaged in legal battles to defend against censorship, book banning, and being punished for doing their job.
Ida-no?
Idaho has been ground zero for controversial laws and court decisions recently. In 2024, the Idaho Legislature passed a law requiring schools and public libraries to move books and other material considered "harmful to minors" to an adult-only section. If any member of a community feels like a book is "dangerous," the library has 60 days to review the claim or be fined $250.
Several lawsuits have been filed against the state, calling the law vague and a violation of First Amendment rights. Plaintiffs include a high school student taking college-level classes who remains forbidden from checking out classic literature such as Kurt Vonnegut's "Slaughterhouse-Five," an 18-year-old student who still can't check out prohibited books in her school because there's no established protocol, and major publishing houses such as Penguin Random House.
Perhaps the most interesting legal challenge facing Idaho lawmakers comes from the library in a small town called Donnelly. The library, which offers the only after-school program in the town of 250, was required to bar minors from entering unless they had a signed permission slip from their parents. Why? The tiny building doesn't have the room to create the adult-only section required by law.
Not a Natural State
On February 3, 2025, the American Civil Liberties Union (ACLU) filed a suit against Saline County and a judge for the wrongful termination of an Arkansas librarian who voiced opposition against censorship she saw as targeted against marginalized communities.
Former Saline County Library Director Patty Hector spoke out against a resolution passed by the county's governing board, known as the quorum court, requiring certain books be moved to a restricted access area. The quorum court responded by stripping the library board's power to hire and fire employees. They gave it to County Judge Matt Brumley, who then fired Hector.
This is not the first time Arkansas lawmakers have had book-related actions challenged for being unconstitutional. A federal judge issued a preliminary injunction against a law that ordered criminal charges against librarians and booksellers for providing "harmful" material to minors. Again, the question of who gets to decide what qualifies as harmful remains a contentious point.
A Texas-Sized Fight
Battles between different-minded community groups in Llano County, Texas, have led to lawsuits, federal rulings, and decreased library availability. It started in 2021 when activists demanded the removal of books they found unfit due to "CRT (Critical race theory) and LGBT content." The Llano Llano County Commissioners Court voted to dissolve the county's Library Advisory Board in 2022. It then appointed 12 new members. All were part of the group pushing for book removals.
The county was sued later that year. A district judge ordered the return of the books to the shelves. The county's claim that the titles were removed as part of a normal library practice of "culling" was rejected as inaccurate. A Fifth Circuit panel upheld the ruling in a majority decision, although only eight of the books removed were covered.
A head librarian fired for refusing to remove 17 books deemed inappropriate filed a separate lawsuit charging wrongful termination and employment discrimination. A federal judge denied the county's motion to dismiss the case in 2024.
As the legal battles continue in Llano, it's the library patrons who suffer. There's been a book-buying freeze in place since 2021, and reduced staff has caused the libraries to cut back their hours and close on weekends.
An Issue That Won't Be Shelved
The cases listed barely scratch the surface of library-based litigation taking place across the nation. The core of the dispute remains each side's interpretation of the First Amendment and how it applies to either protecting or suppressing certain literary material.
Legal actions over drag queen story hours, what constitutes "obscene" material, and whether kids should be allowed to read books like "Everybody Poops" will continue to be hashed out in court. The results may go a long way toward shaping the future of this nation.
Related Resources
- Book Banning Efforts Are on the Rise. What Does the Law Say? (FindLaw's Law and Daily Life)
- Banning Books and the Law (FindLaw's Student Rights)
- Employment Discrimination Law (FindLaw's Employment Law Center)
