Well, if you haven’t heard a whole lot of people in Indiana are losing their minds because of a new Indiana Senate bill that is going to the Indiana house. Lots of people are warning that this will have a chilling effect on free speech and is going to make it impossible for school librarians to do their jobs. There’s a lot of big talk going on. And because a lot of people are talking about this Indiana bill, I thought that I should, you know read it and understand it. So, I actually read the bill! I know, shocking; many people in our society seem blithely unaware that these things are actually published! But they are, and you can read it to. And I highly recommend reading the bill in full.
And as far as bills go this one seems pretty short. The bill itself is only 6 pages of itemized material; and the part that everyone’s up in arms about, with school librarians is really short. In fact, it’s so short that I’m going to read it now.
1 SECTION 1. IC 20-26-5.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 5.5. School Library Sec. 1. As used in this chapter, "appeal committee" refers to a
6 committee comprised of:
7 (1) the school principal;
8 (2) a parent or guardian; and
9 (3) a certified librarian employed by the school.
10 Sec. 2. (a) The governing body of a school corporation or
11 charter school shall:
12 (1) publish on the website of each school; and
13 (2) make available in hard copy for a parent or guardian of a
14 child enrolled in the school;
15 a current list of each book contained within the school library.
16 (b) A list under subsection (a) must include the following
17 information about each book:
1 (1) Title.
2 (2) First and last name of the author.
3 (3) Edition.
4 (4) Publisher.
5 (5) Year of publication.
6 Sec. 3. (a) The governing body of a school corporation or
7 charter school shall establish:
8 (1) a procedure for each school to allow a parent or guardian
9 of a student enrolled in the school to submit a complaint that
10 a book in the possession of the school library is inappropriate
11 to students; and
12 (2) a response and appeal procedure for each school to
13 respond to a complaint submitted by a parent or guardian.
14 (b) If a parent or guardian submits a complaint under
15 subsection (a), a certified librarian employed by the school
16 corporation or charter school shall review the book that is subject
17 to the complaint and make one (1) of the following
18 recommendations:
19 (1) That the book be removed from the school library.
20 (2) That the book be placed in an age-appropriate section
21 within the school library.
22 (3) That the complaint be denied.
23 If the recommendation is to deny the complaint, the certified
24 librarian shall provide a written response to the parent or
25 guardian.
26 (c) If the person who submitted a complaint under subsection
27 (a) disagrees with the recommendation of the certified librarian,
28 the person may request that the appeal committee review the
29 recommendation.
30 (d) The appeal committee may:
31 (1) uphold;
32 (2) modify; or
33 (3) overturn;
34 the recommendation of the certified librarian issued under
35 subsection (b). The appeal committee shall issue its decision in
36 writing.
37 Sec. 4. (a) If the person who submitted the complaint under
38 section3(a) of this chapter disagrees with the decision of the appeal
39 committee, the person may submit a final appeal to the governing
40 body of the school corporation or charter school.
41 (b) After reviewing the complaint, the recommendation of the
42 certified librarian, and the decision of the appeal committee, the
1 governing body of the school corporation or charter school shall do
2 one (1) of the following:
3 (1) Order the removal of the book from the school library.
4 (2) Order that the book be placed in an age-appropriate
5 section within the school library.
6 (3) Deny the complaint.
7 If the decision is to deny the complaint, the governing body shall
8 provide a written response to the person who submitted the
9 complaint. The written response shall be made public at the next
10 regular meeting of the governing body.
11 Sec. 5. The governing body of a school corporation or charter
12 school shall publish each policy established under this chapter on
13 the website of each school.
14 Sec. 6. A school corporation or charter school may not make
15 available a book or materials that contain:
16 (1) obscene matter (as described in 35-49-2-1); or
17 (2) matter harmful to minors (as described in IC 35-49-2-2);
18 within the school library.
19 SECTION 2. IC 35-49-3-3, AS AMENDED BY P.L.158-2013,
20 SECTION 648, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Except as provided in
22 subsection (b) and section 4 of this chapter, a person who knowingly
23 or intentionally:
24 (1) disseminates matter to minors that is harmful to minors;
25 (2) displays matter that is harmful to minors in an area to which
26 minors have visual, auditory, or physical access, unless each
27 minor is accompanied by the minor's parent or guardian;
28 (3) sells, rents, or displays for sale or rent to any person matter
29 that is harmful to minors within five hundred (500) feet of the
30 nearest property line of a school or church;
31 (4) engages in or conducts a performance before minors that is
32 harmful to minors;
33 (5) engages in or conducts a performance that is harmful to
34 minors in an area to which minors have visual, auditory, or
35 physical access, unless each minor is accompanied by the minor's
36 parent or guardian;
37 (6) misrepresents the minor's age for the purpose of obtaining
38 admission to an area from which minors are restricted because of
39 the display of matter or a performance that is harmful to minors;
40 or
41 (7) misrepresents that the person is a parent or guardian of a
42 minor for the purpose of obtaining admission of the minor to an
1 area where minors are being restricted because of display of
2 matter or performance that is harmful to minors;
3 commits a Level 6 felony.
4 (b) This section does not apply if a person disseminates, displays,
5 or makes available the matter described in subsection (a) through the
6 Internet, computer electronic transfer, or a computer network unless:
7 (1) the matter is obscene under IC 35-49-2-1;
8 (2) the matter is child pornography under IC 35-42-4-4; or
9 (3) the person distributes the matter to a child less than eighteen
10 (18) years of age believing or intending that the recipient is a
11 child less than eighteen (18) years of age
OK, so that’s the really relevant portion of this law, and you can see I did skip over some material for sake of time, but it wasn’t pertinent to this discussion. What IS pertinent to the discussion is that this law effectively ensures that if school libraries have porno in them that they either need to get it out or the librarians will face felony charges.
And the thing is, this isn’t hard to understand. And the bill itself references the parts of the Indiana Code that are relevant. Because what Senate Bill 12 says is that a librarian, or teacher, or anyone for that matter; is subject to a level 6 felony if they distribute material to kids that is obscene or harmful. And they use the Indian Code’s definition.
I’ll read it for you now:
IC 35-49-2-1 Obscene matter or performance
Sec. 1. A matter or performance is obscene for purposes of this article if:
(1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;
(2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and
(3) the matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
IC 35-49-2-2 Matter or performance harmful to minors
Sec. 2. A matter or performance is harmful to minors for purposes of this article if:
(1) it describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse;
(2) considered as a whole, it appeals to the prurient interest in sex of minors;
(3) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and
(4) considered as a whole, it lacks serious literary, artistic, political, or scientific value for minors.
If you have a problem with this, then you’re depraved.
What the bill says is that public schools can’t have porn and librarians, you know, the people in charge of the libraries, are going to be held liable for the material in the library. If you’re an Indiana librarian serving in a school or children’s library—just get rid of the porno. It’s not so very difficult.
I mean, maybe I’m old fashioned, and maybe I’m a bit hard-nosed, but I think the standard should be no obscene or harmful material in children’s libraries. I mean, when I come to power porn will be made illegal again so this will all be a moot point, but until that day this is a positive step forwards.
Because let me ask you a question. Why should librarians be exempt from laws about distributing porn to kids? What is it about being a school librarian that should shield you from the prosecution that literally anyone else would face?
Now, I’m a scholar. I use libraries a lot. I have my own personal library in print; I have access to over 14,000 books and articles on my Bible Study program, and through my Alma Mater Dallas Seminary, where I’m currently working on a PhD, I have access not only to Dallas’ library but libraries across the world. I spend a good amount of time using libraries and research librarians are highly skilled, highly trained, very necessary members of the research community. I have the utmost respect for good librarians.
And librarians have served and will continue to serve a vital role in research and knowledge preservation for the foreseeable future.
Moreover, librarians who really know their material can be a massive resource. They can help people to find materials to research, to direct them, to help them create effective searches, to develop useful bibliographies.
Also, librarians can help people select books that will be enjoyable and worth the time of reading.
So please, I could continue, but I won’t, but please don’t mishear me. I respect librarians and the work they do. But just because I respect the job librarians do doesn’t mean that I think they get the act with impunity—the school library is not the librarian’s personal fiefdom, where they get to direct the hearts and minds of children whithersoever they wish.
No.
A public school librarian is an employee of the school, tasked by the school board to provide and direct children to materials that will promote their education in line with state standards and the goals of the school board—which are reflective of the purposes of the voting community.
The librarian is not the Queen of Books who gets to stock her shelves with what she deems best for the children, what parents want be damned. No. She is an employee, bound by certain expectations and limitations, and the Indiana SB 12 insists that some of the limitations on school librarians must include not being able to have porno on the shelves nor to direct children to harmful material.
And I think that’s reasonable.
Hey, call me crazy, but I think that librarian is not a position that should give someone the legal authority to show prurient and pornographic material to kids. I know, I’m old fashioned, but I guess I can’t help it.
And friends, what’s the alternative?
That we permit school librarians to have porn on the shelves? Is that the solution? Is the solution that we do allow a select group of people to be immune from the laws that protect children that everyone else has to follow?
The Bible is pretty explicitly clear about not leading children astray.
18 At that time the disciples came to Jesus and asked, “Who, then, is the greatest in the kingdom of heaven?”
2 He called a little child to him, and placed the child among them. 3 And he said: “Truly I tell you, unless you change and become like little children, you will never enter the kingdom of heaven. 4 Therefore, whoever takes the lowly position of this child is the greatest in the kingdom of heaven. 5 And whoever welcomes one such child in my name welcomes me.
6 “If anyone causes one of these little ones—those who believe in me—to stumble, it would be better for them to have a large millstone hung around their neck and to be drowned in the depths of the sea. 7 Woe to the world because of the things that cause people to stumble! Such things must come, but woe to the person through whom they come! 8 If your hand or your foot causes you to stumble, cut it off and throw it away. It is better for you to enter life maimed or crippled than to have two hands or two feet and be thrown into eternal fire. 9 And if your eye causes you to stumble, gouge it out and throw it away. It is better for you to enter life with one eye than to have two eyes and be thrown into the fire of hell.
10 “See that you do not despise one of these little ones. For I tell you that their angels in heaven always see the face of my Father in heaven.
It might be possible for Jesus to have spoken stronger language, but I think that this is strong enough. If you’re going to turn a child away from Christ; if you are going to cause them to stumble; if you are going to scandalize a child, to cause them to sin, it would be better for you to commit suicide.
Now, you might be thinking, “But Luke, Jesus was clearly using hyperbole; suicide is a sin; Jesus cannot mean that committing one sin is better than committing another!”
Oh Jesus most certainly can mean that committing one sin is better, or less evil, than committing another. All sin is evil, but some sin is more evil and does more damage than other sin. Lusting after a woman is sin; going and committing adultery is a worse sin; lusting, adulterating, and abandoning your family is an even worse sin. Anger is a sin; murder is worse.
Jesus is saying that killing yourself would lead to a less awful judgement than to be a corrupter of children. God will deal so severely with those who corrupt kids that you’d be better off committing hari-kari.
Now, I think I know a little bit about the Bible. And the way I read this text it tells me that some librarian would be better off committing suicide than to stock the school shelves with porn. God will deal less severely with the self-murderer than with the one who corrupted a child.
And the Indiana bill protects all parties. It protects the children from being corrupted and it protects those who would corrupt children from storing up God’s wrath against themselves.
And that’s what laws should do—they should promote righteousness and punish wickedness. Discouraging evil is part of what good laws do. Discouraging the corruption of children is something that good laws do.
It’s tragic that such a law even needs to be considered. But all sorts of things in this post-Christian society are tragic. Now’s not the time to sulk; but the time to take action of all kinds: prayer; evangelism; righteous living; and righteous political action. Because Jesus cares about all of life—even the books in the children’s library.