Library legislative working group gets update on ‘bills of concern’

The Library Commission spent the majority of its regular meeting on Monday discussing proposed legislation viewed as potentially harmful to the mission of libraries in Austin and statewide.

Commissioner Courtney Rosenthal, who is leading the commission’s legislative working group that was formed a week earlier, brought the commission a list of bills of concern for Austin public libraries.

Rosenthal had reviewed the bills and sorted them into three high-priority categories: those relating to removing affirmative defense on obscene materials, others aimed at  increasing punishment for distributing those materials, and a few regulating “drag performance.”

Library Director Roosevelt Weeks told commissioners that the bills attack the fundamental rights of the Austin community, as well as the fundamental purpose of libraries. 

“We are apolitical, but we are not neutral,” Weeks said. “This issue is striking at the heart of what we all believe in – intellectual freedom.”

There has been a recent push to demonize any trusted public institution, including libraries and public schools, he said, but “it’s never been this bad.” He said some politicians are seemingly trying to outdo each other in terms of extreme agendas.

“Some of these bills are gaining traction, so we just have to watch for what comes to the front and be prepared to deal with it,” Weeks said. “We are going to continue to fight this thing.”

Rosenthal said the threat to the affirmative defense for educational or scientific purposes is especially concerning because it’s a legal justification against prosecution that can protect librarians and teachers if they’re accused of distributing so-called “obscene” material to minors. 

If the affirmative defense of educational purposes is removed for libraries and schools, Rosenthal said, it creates a severe risk for librarians and staff  involved in circulating controversial library material.  

“Personally,” Rosenthal said, “I think that’s the point – not to actually increase prosecution, but to scare people like us.”

Library Commission Chair Mark Smith said he considers the threat to increase punishment for distribution of obscene materials to be a sign that lawmakers proposing the legislation are limited in their ability to target the content of the material itself.

“I think it’s interesting that they are not even attempting to change the definition of ‘obscenity’ in these bills,” Smith said.

He brought a number of other concerns to the committee’s attention, including his view that the Legislature might advance a “sneak attack” bill targeting libraries.

Commissioner JC Dwyer also brought up the effort by lawmakers during the previous session of the Legislature to restrict abortion access in Texas by empowering private citizens to file lawsuits against anyone who “aids or abets” an abortion after about six weeks of pregnancy. 

Smith agreed that opening the door to similar litigation regarding libraries could be a dangerous tactic employed against librarians, if individuals are able to sue for material distribution. 

All of the bills of concern are pushing the same narrative – that libraries are distributing pornographic material – but the effort to restrict access goes far beyond sexual content, he said.

“This is sort of just the entry point to censoring materials in school and public libraries,” Smith said. “They are using these bills as a way to engage the public before they expand to other avenues of censorship.”

Commissioner Patricia Dabbert emphasized that although the majority of the bills target school libraries, it will likely be only a first step if they win approval.

“We should also have a say in what’s going on there, even though we’re representing public libraries,” Dabbert said. “It’s about the freedom of reading in general, even if at this moment it may not specifically affect our library system.”

Rosenthal recommended that the working group continue monitoring the bills, paying the most attention to those related to removal of affirmative defense, because some of them have already been referred to committee and have made more legislative progress than others.

During the next meeting, the legislative working group plans to have an updated report on the bills being monitored, and potentially a proposed resolution for the commission. In the meantime, commissioners were encouraged to engage with their districts and the community by sharing information about the bills with local representatives and on social media, and by reaching out to library users to ensure they’re aware of the issues at stake.

Community members can find resources and more information on the bills at  Texans for the Right to Read and the Texas Library Association.

Photo by ParentingPatch, CC BY-SA 3.0, via Wikimedia Commons.

The Austin Monitor’s work is made possible by donations from the community. Though our reporting covers donors from time to time, we are careful to keep business and editorial efforts separate while maintaining transparency. A complete list of donors is available here, and our code of ethics is explained here.