South Dakota Committee Pushes Law Removing Protections on Controversial Books and Other Materials

The South Dakota House Education Committee has passed pass a bill removing defenses for schools and public libraries that are charged with disseminating material considered harmful to minors. 

The misdemeanor charge includes materials containing nudity, sexual conduct, sexual excitement or sado-masochistic abuse if it predominantly appeals to the prurient, shameful or morbid interest of minors; is patently offensive to “prevailing standards in the adult community as a whole with respect to what is suitable material for minors;” and is without serious literary, artistic, political or scientific value.

Employees of institutions charged with violations are currently exempt from a charge. The bill would change that.

The bill updates one passed last year that required public schools and libraries to publicly declare their policies for restricting materials.  

The bill is being opposed by a host of concerned organizations, including the ACLU of South Dakota.