June 2, 2023
Coalition of Publishers, Booksellers, Librarians and Readers File Suit to Defend Arkansas Citizens’ Right to Read
Suit Challenges Arkansas Act 372, a Bill That Would Restrict Access to Books in State Book Stores and Public Libraries
A broad coalition of authors, publishers, booksellers, librarians, and readers today filed suit in the US District Court for the Western District of Arkansas challenging Arkansas Act 372, a law that would restrict access to books in bookstores and libraries located within the state, and in the process violate the First Amendment rights of the state’s reading public. The bill was signed by the Governor of Arkansas on March 30th and is slated to go into effect on August 1st.
Carol Coffey, President of the Arkansas Library Association; Nate Coulter, Executive Director of the Central Arkansas Library System; Allison Hill, the CEO of the American Booksellers Association; Maria Pallante, President and CEO of the Association of American Publishers; Mary Rasenberger, CEO of the Authors Guild; Deborah Caldwell- Stone, the Executive Director of the Freedom to Read Foundation; Jeff Trexler, the Director of Comic Book Legal Defense Fund; Pearl’s Books; Kandi West, Lia Lent and Lynne Phillips, owners of WordsWorth Books; and Adam Webb released the following statement on the suit:
“Together, we have filed this lawsuit to protect the First Amendment rights of Arkansas’ reading community. Arkansas Act 372 robs the state’s readers of their constitutional right to receive information and threatens the state’s booksellers and librarians with extreme punishments for performing their core – and essential – function of making books available to the public. This law will ultimately force bookstores and librarians to restrict their offerings to works that are suitable for minors, or bar them from entering institutions that have long served as the nexus between community and learning.
“We oppose any and all efforts to undermine the First Amendment, which is foundational to our democracy and critical to the lawful exchange of art, literature, and information. Books have long shaped our understanding of the world around us and provided readers with the chance to explore topics that span a vast spectrum of ideas and experiences. The booksellers and librarians of Arkansas are stewards of that proud tradition, and their essential mission of serving the state’s readers must be preserved.”
What the Bill Would Do
The lawsuit will challenge two provisions of Act 372 that violate the First and Fourteenth Amendments. One component of the new law makes it a crime for libraries, booksellers, and any brick-and-mortar establishment to display or make available works that might be harmful to minors. This will require libraries and booksellers to limit all readers to books appropriate for minors or exclude all minor readers from their premises. The second provision makes it possible for any person in Arkansas to demand the removal of a book the person deems inappropriate, limiting readers to one person’s opinion about what books should be in the library.
Plaintiffs
The plaintiffs in the suit include the American Booksellers Association, Association of American Publishers, Authors Guild, Comic Book Legal Defense Fund, Freedom to Read Foundation, and two local bookstores – WordsWorth Books in Little Rock and Pearl’s Books in Fayetteville, as well as a consortium of local libraries, librarians, and library advocates, which includes Fayetteville Public Library, Eureka Springs Carnegie Public Library, Central Arkansas Library System (CALS), Arkansas Library Association, Advocates for All Arkansas Libraries, Nate Coulter (Executive Director of CALS); Adam Webb, a librarian from Garland County; Olivia Farrell, an adult CALS patron; Hayden Kirby, a 17-year-old CALS patron; and Leta Caplinger, a patron of the Crawford County Public Library.
Counsel
Counsel for the various plaintiffs include John T. Adams of Fuqua Campbell, P.A.; Michael Bamberger of Dentons; Bettina Brownstein of the ACLU of Arkansas; and Benjamin Seel and Will Bardwell of Democracy Forward.
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Contact:
Dave Grogan
American Booksellers Association
dave@bookweb.org
914-406-7562
John McKay
Association of American Publishers
jmckay@publishers.org
202-220-4552
Raluca Albu
Authors Guild
Ralbu@authorsguild.org
646-260-5405
Jeff Trexler
Comic Book Legal Defense Fund
jeff.trexler@cbldf.org
212-677-4092
Emily Singer
Democracy Forward
esinger@democracyforward.org
Shawnda Hines
Freedom to Read Foundation
shines@alawash.org
202-403-8208
Daniel Jordan
Pearl’s Books
daniel@pearlsbooks.com
479-721-5234
Kandi West
WordsWorth Books
kandi@wordsworthbookstore.com
501.663.0799