Library workers deserve protection, not prosecution

Yahoo

17-03-2025

Guest commentator says Senate Bill 74's practical effect would be to criminalize library workers for simply doing their job. Getty Images
Georgians have access to a public library in every county in the state, adding up to more than 400 public library branches. In 2024, Georgia's library cardholders borrowed more than 11.7 million items from their local public libraries, an increase of 407,500 items borrowed compared to the year before. This is made possible by library workers who ensure materials are accessible, maintain various collections, assist patrons, and handle the behind-the-scenes work to keep the checkout systems running smoothly. Despite this, these crucial professionals now face unwarranted threat of criminal prosecution because of what's happening at the Georgia Legislature. Senate Bill 74 would strip library workers at all public libraries (i.e., county, university, K-12, and community libraries) of protection from criminal prosecution if they 'knowingly' distribute material that is deemed 'harmful to minors.' This phrase is defined in Georgia Code § 16-12-102 based loosely on the U.S. Supreme Court's 'obscenity' definition.
The legislation's practical effect would be to criminalize library workers for simply doing their job.
For example, for library workers to avoid prosecution under SB 74, they would have to be familiar with the complete content of the hundreds of thousands of titles contained in their library collections and make a good faith effort to keep media containing any portion that could be deemed 'harmful' out of the hands of any person under 18. It is not feasible for library workers to maintain such encyclopedic knowledge of their collections, nor for them to determine what is 'harmful' for each minor library patron they encounter.
As any parent can tell you, what is 'harmful' for a kindergartener may be entirely suitable for a high school junior, yet SB 74 takes no account of these age distinctions. Moreover, with the availability of library reading rooms and the advent of self-checkout machines, library workers are not going to be privy to the materials that each person under the age of 18 is browsing or checking out. In the words of one career librarian in the state, 'Making an assurance that minors would never have any contact with objectionable material would be nearly impossible without keeping anyone under the age of 18 away from all library resources.'
This would have a chilling effect on what materials libraries carry in their collections and result in unanticipated restrictions on young people using libraries.
Georgia's library workers already give a great deal of thought to age-appropriate content. There are existing selection processes that require that materials added to library collections meet certain criteria for quality, relevance, and value. Whether a book is scientific, literary, historical, or religious, it goes through a vetting process by professional library workers, who consider factors like author credibility, readership interest, and educational merit.
Even if a book is considered controversial, its presence in a library suggests it has been determined by library professionals to merit inclusion in the collection for public access, discussion, or preservation. Criminalizing library workers for enabling patrons to check out books disregards the professional judgement exercised by trained library workers in assembling their collections and thwarts the fundamental role libraries play in people's access to information.
The legislation echoes the past. Georgia has a long history of attempting to use state power to restrict access to information under the pretense of protecting the public. In December 1829, Georgia passed anti-literacy laws, criminalizing teachers for educating enslaved Black people. Later, segregated libraries limited access to information for Black and White readers. The legislation is a modern-day restriction of access to knowledge based on a government-imposed definition of 'harmful' materials influenced by the government's disfavor of certain topics or viewpoints.
Other states that have passed bills similar to SB 74 have faced and lost costly legal battles. In Arkansas, for instance, in July 2023 a federal judge temporarily blocked provisions that could imprison library workers for providing 'harmful' materials to minors. Then, in December 2024, a federal judge ruled those provisions unconstitutional, permanently blocking the implementation of certain provisions. If SB 74 passes, Georgia taxpayers could end up footing the bill for inevitable legal challenges — court battles the state is likely to lose.
Managing which materials young people access from their public libraries is best and most appropriately handled by parents and their kids making their own family- and age-specific decisions, not the government.
With more than 11 million checkouts in 2024—a surge compared to 2023—Georgians have made it clear: Public libraries are a needed resource for diverse and valuable information. By making it possible to criminally prosecute library workers, SB 74 threatens to chill access by reducing both the variety of materials on the shelves and the ability of young people to access it.
Library workers need your support. Call or email your local legislator and demand they oppose SB 74. Donate, volunteer, or simply visit your local library—because library workers deserve protection, not prosecution.
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