North Dakota governor vetoes bill censoring books in public and school libraries – JURIST

US North Dakota Governor Kelly Armstrong vetoed a state bill on Tuesday that would have restricted books with “explicit sexual material” displayed or made available to minors in the state, including in public and school libraries.

In a two-page rebuke of the proposed legislation, Armstrong wrote Senate Bill 2307 would represent “a misguided attempt to legislate morality through overreach and censorship.”

The bill defines “explicit sexual material” as content that contains material harmful to minors with the depiction of nudity, or figures posed or presented that “exploit(s) sex, lust, or perversion for commercial gain.”

If passed, the law called for those who carry such books to face penalties, including a charge of a class B misdemeanor, which calls for 30 days in jail or a fine of $1,500.

“The bill imposes vague and punitive burdens on professionals and opens the door to a host of unintended and damaging consequences for our communities,” Armstrong wrote.

In his letter, the governor described a roundabout process that would have to be made by a citizen who complained about a book.

A complaint could force a library to decide the fate of a book, and if still not satisfied, the complainant can further the action to the state’s attorney, who then determines within 60 days if a violation has occurred. If so, a criminal and/or civil action begins. A librarian could face criminal prosecution and the library could have its state funding withheld.

This is one of several bills around the US aimed at censoring books that minors have access to in public spaces, which has included The Diary of a Young Girl by Anne Frank, The Kite Runner by Khaled Hosseini, 1984 by George Orwell, and To Kill a Mockingbird by Harper Lee. In March, a US federal judge blocked the enforcement of an Iowa law that required books describing sex acts be removed from public school libraries.

“I don’t pretend to know what the next literary masterpiece is going to be. But I know that I want it available in a library,” Armstrong wrote. “And if a parent doesn’t think it is age-appropriate for their child, then that is a parenting decision. It does not require a whole of government approach and $1.1 million of taxpayer money.”

The American Civil Liberties Union of North Dakota’s Advocacy Manager Cody Schuler praised the governor’s decision in a statement issued Wednesday.

“Each of us gets to choose what books we read and what information we access — but we don’t get to choose for other people,” Schuler stated. “Everyone should have the freedom to read. We’re glad that Gov. Armstrong agrees.”

It is unclear if the North Dakota senate will override the governor’s veto with a 2/3 majority favorable vote. The bill narrowly passed the state’s house and senate, with 49-45 votes in the house and 27-20 votes in the senate.