ºüÀêÊÓƵ-area librarians are confident their children’s sections don’t include — and never have — obscene materials, but they are spending hours examining policies to make sure they are in compliance with a new state rule.
“We have never made child pornography available to anyone at any time,†said Waller McGuire, director of the ºüÀêÊÓƵ Public Library. In fact, there is no obscene material in any library location, he says.
And the library has had collection policies, which explain how a library chooses books and other materials, in place since the 1800s, he said.
The introduced by Secretary of State Jay Ashcroft would block state funding for libraries if they allow minors to access books that are pornographic or labeled as obscene under state statutes. It requires written collection policies and a way for a parent or guardian to challenge the age appropriateness of materials or a program.
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The rule, which went into effect May 30, is a “solution in search of a problem,†McGuire said. “Kids are lucky to be in libraries rather than in danger from them.â€
McGuire’s viewpoint was echoed by several local library directors, who also expressed confusion over the need to assure Ashcroft’s office by July 31 that they are doing what their jobs typically entail: offering children’s materials, sorted by ages, and allowing parents control over what their offspring check out.
But because most libraries already do what Ashcroft demands, directors don’t discount a connection to recent censorship efforts centered on LGBTQ materials, worrying that culture warriors now have a new weapon.
The State Library administers Missouri funds to public libraries. That money typically is a small percentage of large libraries’ budgets but can be essential for rural libraries. Now Ashcroft’s rule says the state’s 160 library systems have to submit forms showing they keep materials in age-appropriate areas and label events by age level.
For the ºüÀêÊÓƵ County Library system, whose budget of $60 million is the biggest in the area, state funds contribute less than 1%. Most of the library’s revenue comes from county residents’ property taxes.
Last year, Ashcroft, who is running for governor in 2024, sought public feedback on his proposal to refuse state money to libraries that don’t have policies protecting children from so-called obscene material. Any libraries that don’t already have written policies are likely to be rural locations with small staffs.
About 20,000 residents provided feedback to the proposal, with the majority criticizing it. But Ashcroft enacted a softened version of the first proposal and on June 2 posted on Twitter: “Parents should know their children are in a safe environment in our public libraries. These new rules will make sure kids aren’t exposed to obscene materials.â€
The ºüÀêÊÓƵ County system, like others, is still working on tweaking some policies and getting approval from its board of trustees. But director Kristen Sorth said, “I think that libraries have policies in place that give parents the ability to make decisions about their children’s reading habits.â€
When asked whether the county system, made up of 21 locations, contains any obscene material, she said, “Oh my gosh no.†She said the library has no books that fall under the “official legal definition of obscenity.†The library also has no plans to move any children’s books from their current locations.
But like other libraries, she doesn’t want to give up any state aid. “We are working toward compliance,†Sorth said.
There are several sources for state aid and grants, including general revenue; a good amount is also generated in ºüÀêÊÓƵ through an athletes and entertainers tax. McGuire said that because “ºüÀêÊÓƵans pass that money on to the state, I think some should come back here.â€
Card crunch
The big challenge to libraries regards library cards and how libraries will ensure that every person younger than 18 has permission from parents or guardians to check out materials.
The new rule, ironically, may mean fewer juveniles have library cards — a result that is the opposite of what libraries want.
The county library currently requires parental signatures when children younger than 13 apply for a library card. The city system seeks parents’ signatures for those younger than 18.
At the time of sign-up, city parents could check boxes saying their children do not have permission to check out adult materials or to use computers. McGuire estimates that less than 5% of children have cards limiting their access to computers or adult materials. The county and city libraries now share a catalog, so they are collaborating on any new policies.
But other systems have no way to monitor or limit access for cardholders younger than 18. “It’s all or nothing access,†says Tony Benningfield, director of the Jefferson County Library.
“Our integrated library system can’t handle what Ashcroft is asking for†regarding limiting checkouts by age or title. The Jefferson County system has four libraries, with administrative offices in High Ridge. Its budget of about $5.5 million includes about $250,000 from the state.
When questioned, most library directors weren’t ready to say how they will handle the library card authorizations. Benningfield expects that Jefferson County will have to “expire†all of the children’s cards and have parents and guardians give new permission for every user younger than 18.
The hassles with puzzling out the secretary of state’s requirements and tweaking policies has already cost the Jefferson County Library more than the $500 Ashcroft’s office estimated for the new rule, Benningfield said. This despite the fact that the library already has 18 pages of collection development policies on among more than three dozen other explanations of procedures and guidelines.
The policies, like many other libraries’, already make it clear libraries don’t want to overrule parents: Many libraries note they cannot act in loco parentis, or stand in for a parent. Rather than urging children to browse unattended, libraries are more likely to have policies requiring supervision for children. All library directors queried also already have a process for patrons to challenge books.
The Ashcroft rule is confusing and is causing headaches, Benningfield admits: “There are so many more productive things I could be doing.â€
Another new requirement for libraries is to attach age levels even to meeting room bookings made by private patrons. Libraries already label their own programs by age.
Benningfield does want to make sure the library remains in compliance and that we “don’t get dinged for one little misstep.â€
Facing challenges
Scott Bonner, director of the Ferguson Municipal Public Library, is afraid that even if books don’t meet the Supreme Court definition of “obscene†that the library will see more challenges because of the Ashcroft rule.
In recent years, book challenges have targeted mostly children’s books containing information about LGBTQ life or characters. Still, libraries traditionally face only a few official challenges a year to collections, and an oversight committee typically decides the book is appropriate for where it is shelved. The ºüÀêÊÓƵ County system had only four challenges last year.
Yet Bonner now sees more risks. A parent of a juvenile may not agree with professional librarians regarding what is appropriate.
Bonner said that even if librarians and a library board confirm a book is appropriate, the Ashcroft rule might “give them a path to appeal to the Secretary of State’s office or use the language of the SoS rule to sue in court.â€
He said: “The rule is not about making libraries shelve materials in appropriate areas. Libraries already do that. They’ve been exceedingly conscientious about this issue since before I was born. No library I’ve ever worked at or used has what a reasonable person would call pornography in any kids’ area, or what the Supreme Court has determined would be ‘obscene.’ This rule corrects a problem that only exists in propaganda.
“The rule is about forcing librarians to conform to the views of a subset of the community instead of trying to serve the whole community, by increasing the leverage of that subset and by making librarians fearful of angering that subset.â€
He also has told his board that “there is no way to be safe from challenge and still be a library,†referring to library goals to offer books with various viewpoints and to serve diverse patrons.
He said libraries have gotten challenges claiming “obscenity†in books that don’t even mention sex, but because a character happens to have two dads. Removing such a book means libraries would fail to serve all patrons, he said.
“I think there is no way to have a juvenile card without risk of complaints or lawsuits,†Bonner said. As a result, it’s likely that fewer children in some libraries will have their own library cards, he predicts.
Across the river, Illinois is the first state to pass legislation protecting libraries against such censorship efforts. The law, House Bill 2789, is designed to prevent book banning; it awaits the governor’s signature.
Ashcroft’s action surprised some Missouri librarians. Steve Campbell, director of the Scenic Regional Library with headquarters in Union, said he had considered Ashcroft usually generous toward libraries regarding funding. “We know he’s a social conservative, but he was always a great advocate for funding.â€
But he doesn’t like the secretary of state telling local libraries what to do. “We believe in intellectual freedom.†He cites that about 95% of book challenges involve LGBTQ themes.
Some people think such books are inappropriate for any minor, no matter their age. “Libraries can’t help that,†Campbell said.
Campbell suspects Ashcroft would argue he’s not trying to limit their freedom: “But it’s quite clear to me that is what he is doing.†The Scenic Regional Library already has policies regarding book challenges and doesn’t expect those to change.
With Ashcroft claiming that libraries offer obscene books, Campbell says, he’s “created a false battle and made himself the hero of the battle.â€