Banned and Challenged Books: Current Events

Askable Adults Matter

Intellectual freedom has been a part of Iowa libraries since 1938, when Forrest Spaulding, director for the Des Moines Public Library, penned the original Library Bill of Rights, which was adopted by the American Library Association a year later. The tenants of Mr. Spaulding’s original work remain today as a foundational platform for library work across our country. The Iowa Library Association, and Iowa libraries across the state, profoundly value intellectual freedom as the core principle in our efforts to promote a free and independent thinking citizenry.

We were saddened to learn last week, that the Askable Adults Matter session, part of the Kids First Conference, was cancelled due to “unforeseen political ramifications.” We believe this valuable workshop would contribute to and “provide for the interest, information, and enlightenment of all people of the community the library serves,” as affirmed in the ALA’s Library Bill of Rights. The mission of the State Library is, in part, to provide “leadership for Iowa libraries” and it is unfortunate outside circumstances would impinge on their ability to fully engage in these endeavors, which, in the end, benefit all Iowans and, in particular, Iowa’s youth.

In service and commitment to our library communities, and to the youth in Iowa, ILA is pleased to announce that it will make available the Askable Adults Matter workshop, as a pre-conference, at ILA’s Annual Conference in October. This workshop is a great way to open the conference, and fits well with the conference theme: Seeking Inclusion, Finding Success. More information on this pre-conference will be included with other conference materials later this summer.

ILA continues its long tradition of advocacy for intellectual freedom for all and gladly provides leadership, education, and support in these endeavors.

Rebecca Funke
President, ILA

    Section 1.  Section 728.7, Code 2021, is amended to read as follows:
   728.7  Exemptions for public libraries and educational institutions.
   1.  Nothing in this chapter prohibits the use of appropriate material for educational purposes in any accredited school, or any public library, or in any appropriate educational program in which the minor is participating. Nothing in this chapter prohibits the attendance of minors at an appropriate exhibition or display of art works or the use of any appropriate materials in any public library.
   2.  For purposes of this section, “appropriate” means the material adheres to or is consistent with community standards of decency with respect to what is suitable for minors to view, be exposed to, or participate in viewing; the material does not appeal to the prurient interest for minors; the material is not patently offensive for minors; or the material has serious literary, scientific, political, or artistic value for minors.

    Sec. 2.  NEW SECTION.  728.7A  Exposing a minor to inappropriate programming —— penalties.
   1.  As used in this section:
   a.  “Inappropriate” means violating community standards of decency with respect to what is suitable for minors to view, be exposed to, or participate in; appealing to the prurient interest for minors; is patently offensive for minors; or lacking serious literary, scientific, political, or artistic value for minors.
   b.  “Programming” means a live event, in person or given remotely, including presentations, performances, and instructional activities.
   2.  Public libraries and elementary and secondary schools shall not knowingly allow a minor to be exposed to or participate in inappropriate programming. A public library or elementary or secondary school employee, including an employee or board member of a public library or elementary or secondary school acting in a supervisory role who approves of and facilitates inappropriate programming, or who knowingly allows a minor to be exposed to or participate in inappropriate programming shall, upon conviction, be guilty of an aggravated misdemeanor.
   3.  A library or public elementary or secondary school that knowingly allows a minor to be exposed to or participate in inappropriate programming shall be liable for a civil penalty of seventy-five thousand dollars, which penalty may be recovered in a court of competent jurisdiction by an aggrieved parent or guardian of a minor who was exposed to the inappropriate programming. The prevailing party shall be awarded reasonable attorney fees and court costs.

EXPLANATION

The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.

   This bill relates to the exposure of minors to, and the participation of minors in, inappropriate programming at public libraries and public elementary and secondary schools.

   Under current law, there is no prohibition on the attendance of minors at an exhibition or display of art works or the use of any materials in any public library. The bill specifies accredited schools and public libraries are not prohibited from allowing minors to participate in an appropriate exhibition or display of art works or the use of any appropriate materials in any public library. The bill prohibits public libraries and elementary and secondary schools from knowingly allowing a minor to be exposed to or participate in inappropriate programming. “Appropriate” and “inappropriate” are defined in the bill.

    A public library or elementary or secondary school employee, including an employee or board member of a public library or elementary or secondary school acting in a supervisory role who approves and facilitates inappropriate programming, or who knowingly allows a minor to be exposed to or participate in inappropriate programming shall, upon conviction, be guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.

   A public library or elementary or secondary school that knowingly allows a minor to be exposed to or participate in inappropriate programming shall be liable for a civil penalty of $75,000, which penalty may be recovered by an aggrieved parent or guardian of a minor who was exposed to the inappropriate programming. The prevailing party shall be awarded reasonable attorney fees and court costs.