Protecting Idaho's Children: The Ongoing Battle Over Obscene Materials in Libraries

Editorial from Senator Cindy Carlson, District 7

Senator Cindy Carlson, District 7, Adams, Idaho, and Nez Perce Counties

Idaho, we have a problem.

A small minority of individuals and organizations have made materials available to our children that are clearly and undeniably obscene. Parents who have raised concerns about this problem have been called bigots, book-banners, and worse.

There is a simple solution to this problem that should be acceptable to all sides: relocate the books.

Parents can still access these materials if they wish and allow their children access, but they won’t be on display for someone else’s child to stumble across.

This seems to be a simple solution, but it has been overly difficult for the legislature to implement. Here’s a brief history of the legislature's attempts to pass a bill that will keep objectionable material out of the hands of minors:

• In 2022, H666 passed the House but couldn’t get a Senate committee hearing.

• Last year, H139 was killed in the House Education Committee.

• Finally, last year, H314 passed both chambers but was vetoed by the governor. The House fell one vote short of overriding the veto.

• Earlier this year, H384 was pulled back to craft a compromise bill, S1289.

• S1289 was so watered down, complex, and required so many steps that it was worse than doing nothing. It failed on the Senate floor.

• H710 was written as a workable compromise and passed both chambers last week. It currently sits on the governor’s desk, awaiting his signature.

Opposition to every library bill has been extremely disingenuous. First, they (the authorities who want us to trust them to know what is appropriate for our children) say there are no obscene materials in the children’s section. Then, when presented with books that supposedly “don’t exist,” they say this bill will ban books or cause libraries to close.

Watch the video of Senator Trakel attempting to read from a book our children can currently access, Let’s Talk About It. The Lieutenant Governor (President of the Senate) stops him midstream due to its disturbing content. If this book is not appropriate to read on the Idaho Senate Floor, why, in the name of all that is holy, do we give Idaho’s children access to it?

While H710 isn’t perfect, it is a workable compromise. It doesn’t attack libraries or librarians, and it doesn’t ban any books. It gives concerned parents the right to request that libraries move objectionalble materials to an adult “area” or an adult “shelf.”

Those of us who want to keep children safe from inappropriate materials have been more than willing to give ground. We agreed to:

• A 60-day review period;

• Make the book relocation request forms universal throughout the state;

• Use a modified Miller Test to determine what is considered inappropriate, even though it is far more tolerant than the current definition of obscene materials already in Idaho Code here and here;

• Reduce the penalties for violations to $250.

Yet even this wasn’t acceptable. Seriously, you must ask yourself, WHY are so many people ready to die on the hill of keeping children’s access to downright pornography available to minors? What good can possibly come from it? Is this a social experiment we are not supposed to interrupt?

H710 does NOT ban books. It does NOT attack libraries. It does NOT deny freedom of speech. It does NOT usurp local control. It DOES give local control by allowing libraries to create their own policy. It WILL NOT cause frivolous lawsuits. This bill is a reasonable and responsible step toward protecting Idaho’s children. Let’s do it.

We urge Governor Little to sign H710 into law, and we urge you to show your support for this bill by contacting his office. Please make your voice heard and ask Governor Little to sign H710.

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Here are some ways you can help the Idaho Freedom Caucus:

Get to know these public members and support their work. Back Row, left to right: Sen. Glenneda Zuiderveld–District 24; Rep. Tony Wisniewski–District 5; Rep. Joe Alfieri–District 4; Rep. Mike Kingsley–District 7; Rep. Dale Hawkins–District 2; Sen. Scott Herndon–District 1. Front Row, left to right: Rep. Jacyn Gallagher-District 9; Rep. Heather Scott (Co-Chair)–District 2; Rep. Elaine Price–District 4; Sen. Tammy Nichols (Co-Chair)–District 10; Sen. Brian Lenney–District 13; Sen. Cindy Carlson–District 7.

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