New Tennessee Law Puts Schoolbook Sellers, Distributors at Risk for Criminal Prosecution
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In a recent development, Governor Bill Lee of Tennessee has approved a new legislation that poses a potential legal risk for book publishers, sellers, and distributors who provide written materials to the state’s public schools that may be considered obscene at any given point.
This new law has the potential to subject book vendors to Class E felony charges, carrying a sentence of 1-6 years in prison, along with a minimum fine of $10,000. This fine can be increased up to $100,000 for this newly established offense.
Groups advocating for library and free expression rights, such as PEN America and the Tennessee Association of School Librarians, view this measure as an attempt to censor and intimidate the publishing industry. They believe that it will discourage book publishers from conducting business with Tennessee schools.
According to EveryLibrary, a library political action group, there are currently 119 laws being considered in state legislatures across the country that aim to restrict children’s access to written materials. Some of these laws introduce new criminal offenses, while others redefine state obscenity laws or impose limitations on children’s access to reading material.
Tennessee’s approach, specifically targeting book sellers and distributors, is only being considered by a few other states. Texas, for example, is proposing legislation that would require publishers to label books sold to public and charter schools with age ratings. School districts would be prohibited from purchasing books from publishers who fail to comply with this requirement.
In Louisiana, proposed legislation would empower the attorney general to investigate publishers and distributors of material deemed "harmful to minors."
While debates over suitable or unsuitable books for children have arisen in school and library board meetings across the state, the Tennessee law is the only one this year that specifically focuses on the access of public school children to books.
Jonathan Friedman, the director of PEN America’s Free Expression and Education program, expressed concern about the new legislation, stating that it resembles tactics employed by authoritarian governments overseas. He believes that escalating potential felony charges against publishers and distributors represents a regressive approach akin to historical periods associated with censorship and suppression.
Under Tennessee’s law, District Attorneys would have the authority to determine if materials meet the state’s definition of obscenity. The state defines obscenity as sexual content presented in a "blatantly offensive manner" that appeals to prurient interests and lacks significant literary, artistic, political, or scientific value according to contemporary community standards.
The law, introduced by Representative Susan Lynn and Senator Joey Hensley, will take effect on July 1. Governor Lee signed the legislation into law on Friday.
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