Alabama GOP reintroduces bill that could make librarians subject to criminal penalties

Republican lawmakers in the Alabama House of Representatives have reintroduced a bill aimed at imposing criminal consequences for certain materials found in libraries accessible to children.

HB 4, sponsored by Rep. Arnold Mooney, R-Indian Springs, seeks to extend specific criminal obscenity statutes to public libraries, public school libraries, and individuals acting in connection with the educational objectives of K-12 public school libraries or public libraries.

The proposed legislation, excluding higher education institutions, does not specify whether the offense would constitute a felony or a misdemeanor. Potential penalties under the Alabama Anti-Obscenity Enforcement Act primarily involve fines, with the prospect of incarceration as well.

Attempts to reach Mooney for comments were unsuccessful.

The bill, supported by nearly 50 co-sponsors, including GOP leadership, would introduce an additional definition of “sexual conduct” into Alabama law, pertaining to situations in K-12 public schools or public libraries where minors are present without parental consent or supervision. This definition involves any sexual or gender-specific behavior, demonstration, or event that knowingly exposes a minor to sexually suggestive attire, stripping, or lewd dancing.

Mooney’s proposal grants library staff a window of 15 business days to relocate, remove, discontinue the display of material, or officially determine that the content or behavior does not violate the law.

If notification is not received by a parent, resident, or guardian within 25 days, the material can be reported to law enforcement.

House Speaker Nathaniel Ledbetter, R-Rainsville, a co-sponsor of the bill, emphasized the importance of safeguarding Alabama’s children. “The goal of HB 4 is to ensure that our school and public libraries serve as trustworthy educational resources for children,” he stated. “I anticipate productive discussions and the progression of this bill through the legislative process.”

This legislation comes amidst a wave of attacks on public libraries nationwide. According to a 2024 report from PEN America, over 4,000 book bans were reported in the initial half of the academic year.

In the previous year, Mooney introduced a similar bill with less support, which advanced in the House but did not pass the Senate.

Craig Scott, president of the Alabama Library Association and a library director in Gadsden, raised concerns about the bill’s lack of adequate timeframes for material removal from libraries.

Expressing disapproval of the legislation, Scott highlighted the extended decision-making process library staff undergo in such circumstances. “We carefully review objectionable material and make informed decisions,” he stated. “The legislative attempts to interfere with our professional judgment are troubling.”