House lawmakers: No librarian defense for ‘harmful’ books

SIOUX FALLS, S.D. (KELO) — From children’s books to teen literature, there’s a lot of talk about what’s appropriate for kids under the age of 18 to read.

A bill that is moving forward in Pierre would make it illegal for librarians to let kids check out books that are considered harmful to minors. Supporters say House Bill 1239 is common sense. Opponents say the wording is too subjective.

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On Thursday, HB1239 passed the House 38-32 and will now move the Senate. 

South Dakota’s current law protects librarians at schools, universities and other places from being charged with giving minors harmful materials if it’s part of their job.

“1239 simply removes that exemption and would place libraries, schools on the same exact playing field as every other citizen, every other private business,” South Dakota Family Voice director Norman Woods said.

Elizabeth Fox, president of the South Dakota Library Association, opposes the bill saying the term “harmful to minors” is too subjective. 

“It’s not even making them more accountable. It’s putting them in danger of being found guilty of a crime, a crime that none of us intend to commit,” Fox said.

Woods believes libraries currently have too much leniency, but Fox says libraries are willing to work with parents.

“If 1239 does not pass, then we would continue forward with libraries and other educational institutions having absolutely no guardrails for what they can give to children. None whatsoever,” Woods said.

“Our position is that it’s really up to parents to parent, and to determine, from a library standpoint, what their children are going to read and what videos their children are going to watch,” Fox said. “We are very happy to be quite transparent with parents. We have parents on our library boards. We have parents, talking to us in the library all the time.” 

And both organizations will watch closely as the bill makes its way through the legislature.

“We really believe 1239 this removing the exemptions for libraries and educational institutions is a common sense step forward,” Woods said.

“I think for this particular bill, my big point is this is already in the law. It is simply taking out that affirmative defense. That is, it’s a legitimate defense,” Fox said.

You can see how the 70 House lawmakers voted on the bill below.