HB29: The Criminalization of Librarians, Authors, Teachers, and School Board members
DURING COMMITTEE HEARINGS ON THE PASSAGE OF HB29 (SENSITIVE MATERIAL REVIEW AMENDMENTS) LEGISLATIVE COUNSEL LITERALLY SPOKE ABOUT BRINGING CHARGES AGAINST LIBRARIANS, AUTHORS, SCHOOL BOARD MEMBERS, SCHOOL ADMINISTRATORS OR ANY “INDIVIDUAL” (Grandparents? Siblings? Booksellers?) WHO HANDS "CRIMINAL PORN" TO TEENS
Last year, legislators advocating for the passage of HB29 continually referred to books in school libraries as “criminal porn”. In the November Interim Ed. Committee meeting legislators Carol Moss and Angela Romero asked their colleagues what they meant by "criminal porn" and whether the Sensitive Materials law could be used to charge librarians and authors.
In response, Michael Curtis, Legislative Counsel confirmed that librarians (and authors) are in jeopardy.
[see timestamp 34:50-37:20: https://le.utah.gov/MtgMinutes/publicMeetingMinutes.jsp...]
Rep. Moss asked, "Who's going to be charged criminally? Does that mean the author can be charged criminally? Legislative Counsel Michael Curtis answers, "These definitions all come from the criminal code, so when we're talking about pornographic or indecent materials in these various sections...they are all criminal code definitions. These sections are about displaying or distributing pornography to a minor. So the individual who hands pornography to a minor, provides access to a minor could be subject to criminal penalties"
Rep. Angela Romero asked: "If a librarian hands a book or allows a book to be checked out and it's stated as criminal porn, what happens after that? “ Michael Curtis answers, “On the criminal law enforcement side, there's prosecutorial discretion [inaudible] to what charges they bring. I think it's just important to recognize that we are talking about criminal provisions here, so really regardless of whether the board takes a vote and determines that something is not, doesn't violate these pornography standards that doesn't foreclose the possibility that a prosecutor could bring charges against someone."
Furthermore… as reported in June 14, Deseret News Article]
Sen. John Johnson, R-North Ogden, said the decision of a district-appointed book review committee to retain ‘The Freedom Writers Diary’ by Erin Gruwell, which some lawmakers say violates ‘bright line’ provisions of state law, could render district officials “accessory to distribution of pornography to minors.”
SO WHAT BOOKS, EXACTLY, ARE "CRIMINAL PORN?"
[see books banned under “bright line” in Utah” spreadsheet - This list is based on limited public reporting and data uncovered by media outlets through public records requests. USBE is compiling official list by August 1, 2024]
Any book that violates the so-called "Bright Line" rule of the “Sensitive Materials” law that was enacted in 2022 are considered “criminal porn.” Under HB29, any book that violates the “bright line” definition is considered “Sensitive Material”. Here are a few examples of the books and authors that could now lead to the criminal prosecution of librarians, teachers, authors, board members, school administrators or ANYONE that provides access to these books (All of these books have banned from schools under the "bright line rule" according to Salt Lake Tribune reporting)
The Handmaid's Tale (Margaret Atwood)
Slaughterhouse Five (Kurt Vonnegut)
Bluest Eye (Toni Morrison)
Forever (Judy Blume)
Absolutely True Diary of a Part-Time Indian (Sherman Alexie)
All of these books have been classified as “criminal porn” and it was stated by Michael Curtis (Legislative Counsel) in November 2024 Interim Ed. Committee that authors and librarians or anyone that hands a book or provides access to teens can be criminally charged. [see comments and link to video above]
Additionally, these books have also been banned as criminal porn:
The Handmaid's Tale
Slaughterhouse five
Bluest Eye
Forever
Absolutely True Diary of a Part-Time Indian
The Freedom Writers Diary
Thirteen Reasons Why
The Perks of Being a Wallflower
This Book is Gay
The Haters
Sold
Shine (teen investigating hate crime)
Out of Darkness
Push
Nineteen Minutes
Milk and Honey
Lucky (memoir)
Looking for Alaska
I am Not Your Perfect Mexican Daughter
Homegoing
Twisted (laurie halse anderson)
Deogratias: A Tale of Rwanda
All Boys Aren't Blue