A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "RESPONSIBLE LIBRARY FUNDING AND CHILD PROTECTION ACT"; AND BY ADDING SECTION 60-9-15 SO AS TO PROVIDE COUNTY LIBRARIES MUST CERTIFY TO THE STATE LIBRARY THAT THEY DO NOT OFFER ANY BOOKS OR MATERIALS THAT APPEAL TO THE PRURIENT INTERESTS OF CHILDREN UNDER THE AGE OF SEVENTEEN IN CHILDREN'S, YOUTH, OR TEEN BOOK SECTIONS AND ARE ONLY AVAILABLE WITH PARENTAL CONSENT.
Impact
If enacted, this act will significantly influence the availability of literature available in public libraries across South Carolina. Libraries would be compelled to monitor their collections, ensuring compliance with stipulated content guidelines, or risk losing state funding. This requirement may lead to a decrease in the diversity of available materials, particularly those that tackle complex or nuanced themes that might be misinterpreted as inappropriate under the proposed criteria.
Summary
House Bill 3850, known as the 'Responsible Library Funding and Child Protection Act', proposes amendments to the South Carolina Code aimed at regulating the content available in county libraries, particularly in children's, youth, and teen sections. The bill mandates that county libraries must certify to the State Library that they do not offer any books or materials deemed to appeal to the prurient interests of children under seventeen. Furthermore, access to any such materials is to be restricted solely to instances of explicit parental consent.
Contention
The bill has generated considerable debate among lawmakers and the public. Proponents argue that the legislation is vital for protecting children from inappropriate content and enhancing parental control over educational resources. Conversely, critics argue that such regulations could have a chilling effect on free expression and access to knowledge. Concerns have been raised about the subjective nature of what constitutes 'prurient interests', and the potential for censorship inherent in such a policy. Additionally, the necessity for libraries to regularly recertify compliance is seen as an administrative burden that may detract from their core mission of providing access to information.
Prohibits libraries and library systems, including school libraries and school library systems from banning books or other materials based on partisan or doctrinal disapproval.
An Act Concerning The Curation And Retention Of Literary Materials Contained In Public And School Libraries And Legal Protections Afforded To Librarians And Staff Working In Such Libraries.
Provides that publicly funded libraries may not ban books because of partisan or doctrinal disapproval; directs school districts to adopt the ALA library bill of rights.
Provides that publicly funded libraries may not ban books because of partisan or doctrinal disapproval; directs school districts to adopt the ALA library bill of rights.
Prohibits the banning of books or other materials by libraries or library systems; provides that no library or library system shall receive state aid unless such entity adopts the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or develops a written statement prohibiting the practice of banning books or other materials.
Prohibits libraries and library systems, including school libraries and school library systems from banning books or other materials based on partisan or doctrinal disapproval.