KANSAS CITY, Mo. (Legal Newsline) — Librarians are claiming a Missouri law requiring the removal of hundreds of books deemed to have "explicit sexual material" is unconstitutional.
Missouri Association of School Librarians and the Missouri Library Association filed a complaint Feb. 16 in Jackson County Circuit Court alleging violation of the Missouri Constitution and other claims. The defendants, Missouri's prosecuting attorneys, removed the case to federal court in July.
The plaintiffs allege in their complaint that Missouri's statue, which became effective in August 2022, has resulted in the removal of hundreds of titles from library and classroom shelves, including works of art, science course materials - many of which are authored by or are about minorities or those who identify as LGBTQ.
They further allege the law, which prohibits "pictorial, three-dimensional or visual depiction" of "explicit sexual material," is already prohibited under Missouri law and prevents the selection of obscene materials. The plaintiffs claim that the removal of books under the law disregards students' constitutional rights to "access ideas and information" and that the books its members have been asked to remove from do not contain any visual depictions that fit the definition of "explicit sexual material."
They also claim the law is overbroad and subjects their members to criminal prosecution if they provide certain material, including non-sexually explicit materials previously approved and included in library collections.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Anthony Rothert and Jessie Steffan in St. Louis and Gillian Wilcox of the ACLU of Missouri Foundation in Kansas City.