Librarians Join Challenge to Oregon Harmful-to-Minors Laws
The American Civil Liberties Union of Oregon and the American Library Association’s Freedom to Read Foundation have joined 13 other plaintiffs in challenging two state laws that criminalize the provision of “sexually explicit” materials to minors. Filed in U.S. District Court April 25, the suit says that the statute, which is aimed at sexual predators, is so vague that it could intimidate Oregonians from giving youngsters sex-education materials and other constitutionally protected works.
David Fidanque, executive director of the ACLU of Oregon, said that the statutes “do not take into account whether someone’s intent is to harm the minor.” Instead, he said, they “criminalize all acts of furnishing ‘sexually explicit’ material no matter who is doing it and no matter for what purpose.” The group notes that under the law a 17-year-old girl could be prosecuted for lending her 13-year-old sister a copy of Judy Blume’s Forever and advising her to “read the good parts.”
The laws, which went into effect January 1, makes it a crime to provide sexually explicit material to children younger than age 13, or to a minor under 18 if the intent was to arouse or satisfy sexual desire or induce the minor to engage in sexual conduct.
Although the statute addressing children exempts public libraries, law enforcement agencies, museums, and medical-treatment providers, it contains no exception for bookstores; the statute aimed at protecting minors contains no exemptions at all.
The 15 plaintiffs include FTRF Vice President Candace Morgan, who was asked to participate by the ACLU of Oregon, for whom she volunteers and speaks on library issues. Morgan, former associate director of the Fort Vancouver Regional Library District in Vancouver, Washington, told American Libraries that while the statute was “very well-meaning,” its vagueness results in a “chilling effect.” Noting that parents and family members are not exempted, she said the parents of her 7-year-old grandson recently asked her to choose a sex-education book. She selected titles by Robie Harris, author of It’s Perfectly Normal and other acclaimed but often-challenged works, but then wondered if they would violate the statute. “If giving them accurate information makes you subject to being charged, that’s frightening,” she concluded.
No date has been set for a hearing on the case.
Posted on May 2, 2008. Discuss.