Arkansas State Library Board rejects proposals to withhold funds based on

The Arkansas State Library Board on Friday voted down two motions to withhold state funding from public libraries that board member Jason Rapert put forth in his ongoing opposition to the presence of certain books on library shelves.

The former Republican state senator from Conway reintroduced a motion he proposed at February’s board meeting to suspend funding for libraries suing the state until the litigation is concluded. The proposal died for lack of a second in February. On Friday, the other six members of the board voted against the motion while Rapert was the only one to vote for it.

Rapert also moved to withhold funds for “any library that allows unrestricted access to books or materials that contain sexually explicit, obscene or pornographic materials to minors,” based on the results of a survey he requested in February. The motion failed with the same results.

State Library Director Jennifer Chilcoat circulated Rapert’s request to find out whether a list of books he considers inappropriate for minors are available on library shelves statewide, and Rapert said the survey revealed the presence of 352 “objectionable” books. He did not say how many of the state’s dozens of library systems responded or did not respond to the survey.

The board does not “have any way to determine which libraries might be knowingly making obscene materials available for children,” board Chairwoman Deborah Knox of Mountain Home said.

“I’m having a hard time believing that any of our public libraries are doing that, and I would hate to approve a motion inhibiting distribution of funds to those libraries when we have no way of knowing if those libraries even exist,” Knox said.

Rapert said the survey results prove otherwise.

“You can claim all this stuff, going around and around in circles, acting like you don’t know that there’s explicit material teaching kids how to give oral sex to each other,” he said, raising his voice. “I hope every community in the state watches this [meeting]. I am appalled that any adult would try to stop us from taking a stand against this junk on library shelves.”

Both of Rapert’s motions would have applied to distributions of funding at future board meetings, since they were introduced after the board voted to give public libraries their allotted share of state money for the final quarter of fiscal year 2024. Rapert was the only member to vote against the disbursement.

Shari Bales of Hot Springs, who was confirmed to the board by the state Senate along with Rapert in December, asked who is responsible for determining whether a book’s content is sexually explicit or pornographic. Rapert responded by amending his motion to specify “sexually explicit, obscene or pornographic materials… as described in Act 372.”

The 2023 law in question would alter Arkansas libraries’ processes for reconsidering material and create criminal liability for librarians who distribute content that some consider “obscene” or “harmful to minors.” The law mentions the word “obscene” several times but does not define it, and it does not include “sexually explicit” or “pornographic” in the text at all.

The law’s first section does include the phrase “furnishing a harmful item to a minor,” defining “item” as “a material or performance that depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse.”

A federal judge temporarily blocked two portions of Act 372, including the first section, in July before it went into effect. U.S. District Judge Timothy Brooks wrote in his preliminary injunction order that the two sections could lead to arbitrary interpretation and “content-based restrictions” that violate the First Amendment. The case is scheduled for trial in October.

The Central Arkansas Library System (CALS), the Fayetteville Public Library and the Eureka Springs Carnegie Public Library are among the 19 plaintiffs challenging the law.

Rapert’s amended motion died for lack of a second before the original motion failed.

Over the last few years, hard-right conservatives in Arkansas have tried to tie library funding to whether certain books are available on shelves. In November 2022, a narrowly-approved ballot measure cut Craighead County libraries’ funding in half after protests over an LGBTQ+ book display and a transgender…