Idaho House passes bill that could fine, jail librarians who give ‘harmful’ materials to minors

Legislation with the potential to fine Idaho librarians up-to $1,000 and send them to jail for a year for checking out material to a minor that could potentially harm them was cleared by the House on Monday.

The House voted 51-14 to approve the measure that backers said will protect children. Opponents of the bill said it is so undefined and subjective that it could be unconstitutional.

Democratic House Minority Leader Ilana Rubel asked Republican Rep. Gayann DeMordaunt, who is the the bill’s sponsor, if a classic young adult novel by Judy Blume that included masturbation could land a librarian in jail. DeMordaunt declined to answer.

Supporters of the legislation distributed material to other lawmakers they said came from public libraries and made a sold case for the legislation. The material had widely differing reactions among lawmakers.

“I would rather my 6-year-old grandson start smoking cigarettes tomorrow than get a view of this stuff one time at the public library,” said Republican Rep. Bruce Skaug.

Democratic Rep. John McCrostie had a different take. “I don’t see it with the same disgusting eye,” he said. “I think that there is literary, artistic or political or scientific value here.”

Specifically, the bill seeks to delete a section of Idaho code that protects schools, colleges, universities, museums, public libraries and employees of those entities from being prosecuted under another section of Idaho law involving giving harmful materials to minors. Idaho law classifies disseminating material harmful to minors a misdemeanor.

The Idaho law explicitly defines as “harmful to minors” various acts, including masturbation.

However, the Idaho law also states the law doesn’t apply to “any matter which, when considered as a whole, and in context in which it is used, possesses serious literary, artistic, political or scientific value for minors, according to prevailing standards in the adult community, with respect to what is suitable for minors.”

Democratic Rep. James Ruchti said approving the law would lead to unnecessary prosecution whilst removing worthwhile material that probably wasn’t controversial and could be helpful to kids and communities.

“I’m afraid what they’re just going to do is just default on uber uber safe,” he said. “I’ve known a few librarians in my life; they are not risk-takers. Do you think any of them want to be subject to a misdemeanor, possible jail time, a fine?”

But supporters argued that it was better to err on the side of protecting children. “We live in a fallen world, and it is so hard to protect our kids,” said Republican Rep. Ben Adams. “As is, the access is everywhere.” The bill will now go to the Senate for approval.

ARTICLE: PAUL MURDOCH 

MANAGING EDITOR: CARSON CHOATE

PHOTO CREDITS: REDDIT.COM

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Paul, 37, is from Scotland in the UK, but currently lives and works in Bangkok. Paul has worked in different industries such as telemarketing, retail, hospitality, farming, insurance, and teaching, where he works now. He teaches at an all-girls High School in Bangkok. “It’s a lot of work, but I love my job.” Paul has an active interest in politics. His reason for writing for FBA is to offer people the facts and allow them to make up their own minds. Whilst he believes opinion columns have their place, it is also important that people can have accurate news with no bias.

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