WAUSAU, WI (WSAU) – The Marathon County Library held a meeting on Monday to discuss if there are any possible legal implications to a rating system on books that some consider to be too sexually explicit for minors.
Residents for and against the system showed up to voice their opinions on the matter, which featured nearly two dozen speakers. The first few speakers signaled their approval of the system and cited Wisconsin state law 948.01, which prohibits creating, distributing, and possessing visual depictions of a child (younger than 18) engaged in “sexually explicit conduct.”
The proposed system does not mention any process to remove or ban any books from the library but instead closely resembles a policy in Collier County, Florida, that created an advisory notice to parents on the front inside cover of the books. According to Fox News, the label used in Florida states, “This Advisory Notice shall serve to inform you that this book has been identified by some community members as unsuitable for students. This book will also be identified in the Destiny system with the same notation. The decision whether this book is suitable or unsuitable shall be the decision of the parent(s) who have the right to oversee his or her child’s education consistent with state law.”
Several speakers who supported the system stated that they did not wish to see any books taken out of the library or banned. They felt like a warning label of some kind would be enough to help play a role in preventing a minor from seeing what they viewed as graphic material.
Many speakers voiced their opposition to the system, citing concerns about who would be creating it. They also had concerns about the library continuing to protect 1st Amendment rights that protect the right to freedom of speech and expression. Many of the residents who opposed the system also stated that they fear that the system could interfere with a parent’s ability to parent in a way they see fit.
One speaker who was opposed to the system referenced Article 11 of the Tripoli Treaty, which makes a statement that the US government is not founded on the Christian religion, therefore religious views cannot interfere with government institutions such as a publicly funded library. However, there has been much debate among scholars on that issue since the U.S. Constitution does not mention a direct separation between church and state, only that the United States could not have a formal state religion and that the First Amendment will protect every U.S. citizen’s ability to freely practice the religion of their choice.
Over the last couple of decades, the U.S. has seen several classic books placed on a banned list and even pulled from some libraries, such as To Kill a Mockingbird, The Catcher in the Rye, The Adventures of Huckleberry Finn, and Of Mice and Men. Some schools in California, most notably in Burbank, banned To Kill a Mockingbird back in 2020 due to concerns that the book could potentially be harmful to Black students.
A lawyer who works on behalf of Marathon County spoke about the possible legal issues with the system, saying that it could violate the Supreme Court’s ruling in Island of the Trees v. Pico. It was the first Supreme Court case to explore the First Amendment right to receive information in a library setting, but the court’s divided judgment caused the scope of the right to remain open to further debate.
The committee voted during their last meeting to move the proposed rating system forward, but some members did ask the legal council if there was a way to walk it back if deemed necessary. He informed them that “Robert’s Rule” would likely prevent the committee from retaking up the motion this session unless brought up in a timely manner.
