During a session on February 16, the West Virginia House of Delegates debated House Bill 4654. The proposed measure intends to strip away public and school librarians' immunity from criminal punishment for providing possibly obscene literature to children.

The bill passed with a vote of 85-12 and is now on its way to the state Senate. If enacted, HB 4654 would eliminate criminal liability exemptions for schools presenting state-approved curricula and public libraries and museums displaying potentially obscene content to minors without parental supervision.

The State Code defines obscene matter as content depicting sexually explicit conduct, nudity, sex, or certain bodily functions lacking serious literary, artistic, political, or scientific value. Any adult knowingly displaying such materials to a minor could face felony charges, a fine of up to $25,000, and up to five years in prison.

Supporters Advocate to Protect Children in Public Spaces

The bill has faced scrutiny in public hearings and discussions within the House Judiciary Committee. Supporters argue that it does not ban books but rather extends existing prohibitions on providing obscene materials to children outside parental supervision. They believe it safeguards students in public spaces, comparing it to online content blockers like GoGuardian.

Delegate Jeff Stephens, R-Marshall, a school teacher, asserted that the bill aims to provide students and children in the community with the same protection as GoGuardian and the FCC.

Delegate Elliott Pritt, R-Fayette, also a teacher, clarified that the bill does not aim to ban books or suppress speech. He emphasized that adults can privately purchase these books, and the intention is not to remove them from the market. Instead, the primary focus of the bill is to prevent obscene materials from being accessible to children in publicly funded spaces. 

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Potential Challenges to Classic Books and Librarians

Opponents, however, express concerns about unintended consequences. They fear that the bill might lead to increased challenges against classic books and potential criminal charges against librarians for non-pornographic content that includes descriptions of sex.

House Minority Leader Sean Hornbuckle, D-Cabell, voiced apprehension, stating, 'Because this is still vague, I'm scared ... This is a very dangerous bill.' Concerns were also raised about potential financial burdens on counties and librarians if matters go to the court system. House Minority Whip Shawn Fluharty, D-Ohio, expressed worry, saying, 'What you are seeing is done in third-world countries, and now it's going to be a headline in West Virginia.'

Delegate Evan Hansen, D - Monongalia, opposed the bill, expressing concern that the fear of prosecution would discourage libraries from adding potentially controversial books to their collections. He referred to it as a de facto book ban, stating that while it does not explicitly ban books, librarians may make different decisions to avoid risks.

Delegate Brandon Steele, R-Raleigh, the lead sponsor of the bill, argued that it aims to prevent potential bad actors from exposing minors to explicit materials in libraries. However, critics note a lack of concrete examples of such incidents in state libraries.

Delegate Mike Pushkin, D-Kanawha, proposed an amendment to retain criminal liability protections for teachers, particularly in health education. The amendment failed. Delegate Mike Pushkin, D-Kanawha, expressed uncertainty about determining what is considered obscene. He stated that the goal is to avoid penalizing teachers solely for delivering curriculum in the classroom.

As the bill advances to the state Senate, the debate surrounding its potential impact on libraries, schools, and educators continues.

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