Attorney explains how books are deemed 'harmful'

Apr. 24—POTLATCH — An attorney for the Latah County Library District said those who want libraries to remove "harmful" books from their shelves must meet a burden of proof first.

Geoff Schroeder spoke to the Latah County Library board of trustees Tuesday at the Potlatch Library about the recently signed HB 710. The legislation prohibits certain harmful library materials from being available to minors. It goes into effect July 1.

Schroeder is a lawyer, but he is also a Republican Idaho state senator from Mountain Home representing District 8. Schroeder did not sponsor HB 710, but he did sponsor the rejected SB 1289 bill that would have created a standard procedure for how library materials are reviewed and removed.

Schroeder told the library board that anyone who demands that libraries remove books must first go through a series of steps.

For example, they must prove the book meets the definition of harmful. The bill includes language from the Miller Test, which was created in the 1970s to determine if materials were obscene.

Schroeder said the book must meet the Miller Test to be considered harmful, which means the book cannot be harmful if it "possesses serious literary, artistic, political or scientific value for minors." He said the challenger needs to consider the book as a whole and not just a single passage.

Schroeder said libraries can require patrons to identify how the allegedly "harmful" book meets the Miller Test.

"If the material doesn't meet the test, you don't have to do any of the other stuff," he said.

Schroeder said he believes the bill guards against out-of-state residents from challenging the library's materials. It can only be challenged by the library's Latah County library patrons, and only if a parent or child walks out of the library with a book.

"You can't have somebody phoning in from New Jersey and saying, 'Do you have this book on your shelf?' " he said.

Schroeder said libraries can require the adults verify they are the parent or guardian of the child if there is a challenge.

The library has 60 days to respond to a challenge, and it can require a public hearing where the protester must come and make a case.

The library board will have Schroeder look over the library district's existing policy to see if it needs to be changed in response to HB 710.

The policy allows concerned patrons to fill out a "Statement of Concern about Library Resources" form if they are concerned about a book. The Latah County Library District director will review the patron's concerns and make a decision about the status of the book. The patron can appeal the decision to the library board.

Potlatch Library branch manager Lana Lusco said parents and teens who patronize the library are already expressing concerns about the new law. One teen worried that the person's favorite book series would be pulled from the shelves. Another asked if books were going to be burned.

"The kids are upset," she said.

Kuipers can be reached at akuipers@dnews.com.