INDIANAPOLIS — What books should Hoosier kids be allowed to read in school? Who decides which texts are “inappropriate” for students? And what say should parents have about removing books from library shelves?
Those questions were at the heart of nearly two hours of debate in the Indiana Senate Tuesday as lawmakers weighed a bill that seeks to ban materials deemed “harmful to minors” in school libraries. Senate Bill 12 ultimately advanced 37-12 to the House.
Language in the proposal, authored by Sen. Jim Tomes, R-Wadesville, removes “educational purposes” as a reason that public schools and libraries could claim legal protection for sharing “harmful material” with underage students. That includes books and other materials deemed to be obscene, pornographic or violent. The bill also carves out a new process for parents to request the removal of books they believe are “inappropriate” from school libraries.
Tomes said his bill is about “parents, their children, and books — really, really, really bad books.” The senator said he wants to eradicate “raw pornography” from school libraries.
Although he did not give specific examples of such works in front of the chamber, titles on the senator’s desk included “This Book Is Gay,” a book by Juno Dawson, and “Let’s Talk About It: The Teen’s Guide to Sex, Relationships, and Being a Human,” a graphic novel by Erika Moen and Matthew Nolan.
Under the proposal, a local prosecutor could decide to charge a K-12 school teacher, librarian or staff member for giving “harmful” material to minors, meaning the educator could not argue in court that the material has educational value. They could still argue that the material has literary, artistic, political or scientific value as a whole, however. If charged, educators could face a Level 6 felony, which carries a maximum penalty of 2.5 years in prison and a $10,000 fine.
“I hope it does have a chilling effect,” Tomes said, referring to school libraries that carry the materials he’s seeking to have removed. “I hope it’s enough of a chilling effect that they will come to their senses, and have it upon themselves to see to it that for the kids entrusted in their custody, they will do their best to protect their innocence.”
Still, advocates for schools and libraries say schools already have processes in place for parents to bring local challenges to books they find inappropriate. Tomes’ bill requires local review committees to review parent challenges. More broadly, those opposed to the bill said the issue stems from “fundamental differences” in values and opinions over what material is “appropriate” for Hoosier youth.
Tomes has filed similar bills in years past to take away schools’ defense to the state’s “harmful materials” law. A similar proposal failed in the 2022 session after K-12 librarians and educators argued they would be unfairly criminalized.
The Indiana Capital Chronicle covers the state legislature and state government. For more, visit indianacapitalchronicle.com.
Sen. Jim Tomes, R-Wadesville (Courtesy Indiana Senate Republicans)
