社区黑料

What books should Hoosier kids be allowed to read in school? Who decides which texts are 鈥渋nappropriate鈥� for students? And what say should parents have about removing books from library shelves?

Those questions were at the heart of nearly two hours of debate in the Indiana Senate Tuesday as lawmakers weighed .

ultimately advanced 37-12 to the House.

Language in the proposal, authored by Sen. Jim Tomes, R-Wadesville, removes 鈥渆ducational purposes鈥� as a reason that public schools and libraries could claim legal protection for sharing 鈥渉armful material鈥� with underage students. That includes books and other materials deemed to be obscene, pornographic or violent.

The bill also carves out a new process for parents to request the removal of books they believe are 鈥渋nappropriate鈥� from school libraries.

Tomes said his book is about 鈥減arents, their children, and books 鈥� really, really, really bad books.鈥� The senator said he wants to eradicate 鈥渞aw pornography鈥� from school libraries.

Although he did not give specific examples of such works in front of the chamber, titles on the senator鈥檚 desk included 鈥淭his Book Is Gay,鈥� a book by Juno Dawson, and 鈥�Let鈥檚 Talk About It: The Teen鈥檚 Guide to Sex, Relationships, and Being a Human,鈥� a graphic novel by Erika Moen and Matthew Nolan.

Democrats and a handful of GOP lawmakers pushed back, arguing that the bill could lead to the removal of anything a parent deems to be unsuitable.

鈥淲hat I鈥檓 concerned about is, will some people think that other things that would not be pornographic or obscene would be inappropriate?鈥� said Republican Sen. Eric Bassler, of Washington.

鈥淚 think that if you look, throughout the history of the world, there have been all sorts of gruesome things we鈥檝e seen, whether it鈥檚 pictures of victims of the Holocaust, or victims of slavery, or maybe the mistreatment of Japanese Americans during World War II,鈥� he continued. 鈥淚鈥檓 just concerned that a parent might think that a picture 鈥� of African Americans hanging from a tree might not be appropriate.鈥�

Which materials are 鈥渋nappropriate?鈥�

Current Indiana law already outlines criteria that has to be met for a book to be considered criminal.

Outlawed materials must, as a whole:

• describe or represent, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse
• appeal to the prurient interest in sex of minors
• be patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors
• lack serious literary, artistic, political, or scientific value for minors

Tomes held that his bill will not ban literary classics like 鈥淭he Great Gatsby,鈥� 鈥淐atch 22,鈥� 鈥淭he Grapes of Wrath,鈥� and 鈥�1984.鈥� It also doesn鈥檛 apply to 鈥渃hildren鈥檚 books, or even adult books about cultures or other parts of the world,鈥� he said.

But Sen. Rodney Pol D-Chesterton, said Tomes鈥� bill will empower parents who have 鈥渁 political ax to grind.鈥� His fear is that conservative parents will swamp school boards with complaints about 鈥減rogressive鈥� books or works authored by 鈥渟omebody that supports the opposing party鈥� or a 鈥渃ause that (they) don鈥檛 believe in.鈥�

鈥淣obody in this chamber is probably going to agree as to the specific line for which inappropriate is,鈥� Pol said. 鈥淎nd if none of us can probably agree on that, then there鈥檚 probably going to be a lot of consternation, disagreement throughout each community, through each school board, through each district throughout the entire state.鈥�

Tomes said the parental complaint process outlined in his bill will referee whether parents have a 鈥渓egitimate grievance or not.鈥�

Lawmakers on both sides of the issue agreed they do not want to allow kids to access pornographic or 鈥渙bscene鈥� books. But even if those materials are removed from school libraries, Pol and others questioned what good the legislation would do to stop kids from accessing such content through other means, especially online.

鈥淭elephones or cell phones, computers 鈥� well, that鈥檚 the parents鈥� responsibility. That鈥檚 the FCCs responsibility,鈥� Tomes said. 鈥淲e can鈥檛 do anything about it. But we can sure do something about it in schools that we have paid for, with our taxes, that educate our children.鈥�

A 鈥渃hilling effect鈥� on school libraries

Under the proposal, a local prosecutor could decide to charge a K-12 school teacher, librarian or staff member for giving 鈥渉armful鈥� material to minors, meaning the educator could not argue in court that the material has educational value.

They could still argue that the material has literary, artistic, political or scientific value as a whole, however.

If charged, educators could face a Level 6 felony, which carries a maximum penalty of 2.5 years in prison and a $10,000 fine.

Colleges and public libraries could still use the defense against a charge of disseminating harmful material to minors, according to the bill.

鈥淚 hope it does have a chilling effect,鈥� Tomes said, referring to school libraries that carry the materials he鈥檚 seeking to have removed. 鈥淚 hope it鈥檚 enough of a chilling effect that they will come to their senses, and have it upon themselves to see to it that for the kids entrusted in their custody, they will do their best to protect their innocence.鈥�

The measure would also require school libraries to publicly post lists of books in their collection and create a formal grievance process for parents to object to certain materials in circulation.

Those who included some who claimed to be parents of school-aged children, as well as members of conservative groups like Purple for Parents and Moms for Liberty.

They argued that students should not have access to 鈥渞aw鈥� and 鈥渄isgusting鈥� works, pointing to school library books that deal with sex education, drug use, violence, sexual abuse and gender identity.

They maintained, too, that school boards do 鈥渘othing鈥� when parents complain about specific titles.

Still, advocates for schools and libraries say schools already have processes in place for parents to bring local challenges to books they find inappropriate. Tomes鈥� bill requires local review committees to review parent challenges.

They further contend the issue goes beyond claims about pornography in libraries or legal defenses available in state statute.

More broadly, those opposed to the bill said the issue stems from 鈥渇undamental differences鈥� in values and opinions over what material is 鈥渁ppropriate鈥� for Hoosier youth.

They emphasized, too, that such penalties outlined in the bill would have a 鈥渃hilling effect鈥� on schools and lead to the removal 鈥� or 鈥渂anning鈥� 鈥� of books that are perceived as inappropriate or controversial to some parents, but not others.

Tomes has filed similar bills in years past to take away schools鈥� defense to the state鈥檚 鈥渉armful materials鈥� law. A similar proposal failed in the 2022 session after K-12 librarians and educators argued they would be unfairly criminalized.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: [email protected]. Follow Indiana Capital Chronicle on and .

Did you use this article in your work?

We鈥檇 love to hear how 社区黑料鈥檚 reporting is helping educators, researchers, and policymakers.