Library groups and booksellers in Arkansas have filed a lawsuit opposing Act 372, a legislation allowing the banning or relocation of books in public libraries, citing violations of constitutional rights and concerns about restricted access to protected materials. Concurrently, Attorney General Tim Griffin has approved the ballot title for CAPES (Citizens for Arkansas Public Education and Students) to pursue the repeal of the LEARNS Act, although potential legal issues related to the title's length and complexity have been raised.
Furthermore, the LEARNS Act itself is facing a constitutional challenge, as attorney Ali Noland argues that it was not passed through the proper procedures. A circuit judge has placed implementation of the law on hold temporarily. Governor Sarah Huckabee Sanders has expressed confidence that the LEARNS Act will take effect, regardless of the outcome of the legal proceedings.
Libraries against legislation
Library groups and booksellers in Arkansas have taken legal action to oppose Act 372, a legislation that allows for the banning or relocation of books in public libraries.
The lawsuit, filed by several library associations and institutions including the Fayetteville Public Library and the American Booksellers Association, targets Crawford County officials and state prosecuting attorneys.
The plaintiffs argue that Act 372 violates constitutional rights, including freedom of speech and due process, by restricting access to protected materials without a proper judicial review process. They also object to the provision that allows a single challenge to result in a book being banned or relocated.
According to content partners Talk Business and Politics, this lawsuit follows a previous federal complaint filed by attorney Brian Meadors against the Crawford County Public Library for censoring books. Act 372 is part of a broader national trend where conservative groups seek to ban or relocate books they consider culturally or religiously inappropriate.
The American Library Association has reported an increase in book censorship attempts, particularly targeting LGBTQIA+ and minority-authored books in school and public libraries.
CAPES Receives Approval for Ballot Title, but Legal Requirements Still Under Scrutiny
Monday June 5th Attorney General Tim Griffin granted approval to CAPES (Citizens for Arkansas Public Education and Students) for their 16-page ballot title, comprising 8,154 words.
CAPES intends to utilize the referendum process outlined in the Arkansas Constitution, allowing voters to cast their ballots in favor of or against Governor Sarah Sanders' education law LEARNS.
Despite the approval, Griffin has warned the group the ballot title may not meet all the legal requirements set by the Arkansas Supreme Court. The length and complexity of the title may be factors considered by the court if it is challenged later in the process.
"I must highlight the ‘particular hazards attendant to the preparation of a ballot title for a lengthy and complex proposal’ like you are attempting to refer to the voters," Griffin said in a statement.
LEARNS Act stopped at the Arkansas Supreme Court
During the passage of the LEARNs Act, the legislature voted for both the bill and the emergency clause simultaneously. Emergency clauses enable immediate enactment of legislation, bypassing the usual 90-day waiting period after the session. According to the Arkansas constitution, emergency clauses should be voted on separately from the laws themselves.
Because of this, member station KUAR reports that plaintiff attorney Ali Noland is arguing the law was not passed through proper constitutional procedure. Noland's brief reads “Separate roll-call votes were not taken as to the emergency clause in either the House or Senate.” She also argues the bill's emergency clause was written incorrectly.
Governor Sarah Huckabee Sanders has called this lawsuit "absurd".
"LEARNS is going to go into effect regardless of what happens," Sanders said at a town hall in El Dorado on June 6. "It just depends on the timing of whether that happens in the next few days or the next couple of weeks."
