Tuesday, February 26, 2008

Colorado "Harmful to minors" Bill

On February 13th, the Colorado Senate Judiciary Committee voted 4-2 to advance Senate bill 08-125 which bans the sale to minors of books and magazines that are “harmful to minors.”

I've read through the entire bill. I would hate to interpret this as a law.
"If a reasonable adult person finds the material or performance to have a predominant tendency to appeal to the prurient interests of minors, finds that the depiction of nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors and s/he would find that the material or performance lacks serious literary, artistic, political or scientific value for minors.."
My first thought was "Well, there goes that idea for an American Pie movie revival at the Denver cineplex." But seriously, how does one interpret what is pornography and what is not? Do we go with the notion, "I know it when I see it?"

What's really scary is that our collections have materials that adults have a constitutional right to access but unfortunately some might judge them to be harmful to minors. Therefore, libraries could potentially be held liable should a minor obtain said materials. This may have a chilling effect on freedom of expression and creating a rich collection to serve the needs of all users.

Anatomy, art, guides to enhancing one's sexual experiences, etc. These are not "filth" nor are they lacking "serious literary, artistic, political or scientific value." I know that words sometimes fail me when encountering a hostile patron that seeks to take a book off the shelf, even in role playing activities. I think it's because it just boggles my mind that anyone would want to repress anyone else's thoughts, feelings, creativity, etc.

I can only hope that considerations are provided for libraries. I understand those people that wish to protect children. However, it is not up to libraries to shield others from information. I remember someone from grad school saying that "Libraries are dangerous places and they should be." Not with regards to bullets flying through windows, but I'm sure that does happen. People can have access to whatever information they desire at a library and to some people, whether it be political despots, fundamentalists, etc., that is dangerous.
I think that if someone really wants something, they'll find a way to get it. I'm not using this as a counter-argument to this bill. I just think that additional regulations make whatever is being regulated more appealing. Alcohol, sex, drugs, Harry Potter, Golden Compass...you name it. If someone has said, "Oh no! We must protect the children from this!" People will wonder what's all the fuss and naturally will be curious about it. If parents provide a forum within the home for knowledge and free thinking, children can be allowed to question and learn about something with their parents as opposed to their friend's older brother or sister.

If you happen to live in Colorado, please contact your State Senator and tell them that this bill will limit people (adult voters) from obtaining items that could potentially be considered "harmful to minors". Movies that are rated higher than PG-13 may no longer be purchased by libraries in Colorado. Art books, erotica poetry, etc. may be limited as well. Standards of indecency are fluid and it is unclear to me, where upon the slippery slope, it would end.

1 comment:

Mr. Fright said...

Anyone can make an argument that anything is offensive.

When you live in a free society, you'll get some stuff that you don't agree with, but will have to deal with if it doesn't impose on anyone else's freedoms.