West Virginia House Debates ‘Obscene Matter’ Bill as Public Weighs In

Public input was sought on Wednesday morning regarding a bill currently under discussion by state lawmakers. This bill has the potential to subject schools, museums, and public libraries to criminal prosecution.

A public hearing was held by the House of Delegates Committee on the Judiciary, with over two dozen stakeholders participating. The focus of the hearing was House Bill 4654. A proposed bill aims to eliminate the current exemption in state code that shields schools, museums, and public libraries from legal consequences related to the distribution and display of explicit material to minors.

According to the current state code, certain institutions are exempt from criminal liability when it comes to the preparation, distribution, or exhibition of obscene matter to minors. These include bona fide schools that follow approved curriculum and public libraries or museums that display or distribute such material only when a minor is accompanied by their parent.

During the one-hour hearing, participants expressed strong opinions on both sides of the issue, with the majority speaking against the proposed legislation.

Supporters of the bill voiced strong concerns regarding the presence of what they consider to be explicit books in public school libraries. During the discussion, multiple participants cited excerpts from these books to illustrate their point.

Critics argue that the measure could be seen as a form of censorship, potentially adding more financial strain on libraries that are already struggling, and exposing librarians and teachers to potential legal action.

Megan Tarbett, president of the West Virginia Library Association, highlighted the potential consequences of such bills in different states. She pointed out that these bills have resulted in the removal of books covering a wide range of topics, including puberty, American history, memoirs, the Bible, and even the dictionary. Public libraries aim to provide a diverse collection of books that cover a wide range of subjects, reading levels, and perspectives.

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Megan Tarbett, president of the West Virginia Library Association, highlighted the potential consequences of such bills in different states. She pointed out that these bills have resulted in the removal of books covering a wide range of topics, including puberty, American history, memoirs, the Bible, and even the dictionary. Public libraries aim to provide a diverse collection of books that cover a wide range of subjects, reading levels, and perspectives.

Carol Miley, a retired elementary school librarian of 25 years, expressed her concerns regarding the subject matter of certain books available to children during her time in the profession.

The individual mentioned the presence of explicit sexual content, offensive language, and pornographic imagery. Several instances of these occurrences have been found in books that depict homosexual acts and relationships. Books available to our students include graphic novels and those featuring teenage main characters.

Fred Albert, the president of the American Federation of Teachers of West Virginia, has urged lawmakers to turn their attention towards the pressing issues that public schools are currently grappling with, rather than supporting HB 4654.

“Student behavior and discipline issues have reached an unprecedented level in schools, leaving staff members desperate for assistance,” he stated. Education employees are leaving the profession in droves, opting for careers that offer higher salaries. This exodus is resulting in a shortage of certified educators in the classroom, leaving our children without the qualified teachers they need.

Albert expressed concern about the bill’s lack of definition for obscenity and the absence of clarity on who would be responsible for making that determination. Phillip Dunn, the lead pastor of Valley Christian Assembly in Charleston, expressed his support for the bill during a recent event. He recounted an incident where a passage from Ellen Hopkins’ 2004 novel “Crank” was read during a school board meeting.