Comment period open on secretary of state's proposed library rule

Nov. 26—Missourians have started leaving public feedback on a proposed rule from the secretary of state's office that would prevent state funds from going to libraries that purchase books that might appeal to the "prurient" — meaning sexual — interests of minors, among other things.

The Foundation of Individual Rights and Expression, a nonpartisan civil liberties group, is encouraging Missourians to leave a comment. The organization considers the proposed rule a threat to Missouri libraries.

"Some of these rules are fairly draconian in the way that they could be interpreted," said Adam Steinbaugh, an attorney for the Foundation of Individual Rights and Expression. "We think Missourians should speak out about this poorly proposed rule and encourage the Missouri Secretary of State to drop this."

People can send comments, either in support or opposition, on the proposed rule until Dec. 15. The comments can either be emailed to comments@sos.mo.gov with proposed rule number "15 CSR 30-200.015" in the subject line or mailed to the Office of the Missouri Secretary of State at P.O. Box 1767, Jefferson City, MO 65102.

Jay Ashcroft, Missouri's secretary of state, told News-Press NOW the proposed rule would protect children and ensure parents are in charge, but librarians across the state, including in St. Joseph, call it a move toward censorship and removing that power from some parents.

The proposed rule requires libraries across the state to abide by six elements to receive state funding, which is given through the secretary of state's office.

One of these elements would require the library to allow "any minor's parent or guardian to determine what materials and access will be available to a minor".

"What this does is it requires the libraries to put information materials out in age-appropriate ways and to control access to it in an age-appropriate manner," Ashcroft told News-Press NOW in October.

Steinbaugh expressed concern about the term "access" being too broad.

"Access is a pretty wide term. You can access a library book by just walking into a library and picking it off the shelf," Steinbaugh said. "If a library is required to determine what a parent would want their specific child to read, that means libraries would have to pretty much bar any minors from entering a library in order to access a book, unless they got a parent's permission to walk into a library."

The Foundation of Individual Rights and Expression, in a statement, said the rule as written could mean libraries would have to check IDs at the door and require permission slips for unaccompanied minors. The proposed rule would also require libraries to classify all events or presentations held at the library with an age-appropriate designation.

"Whenever the state starts to regulate which books can be on library shelves and which events can be held in your local community libraries, that's all speech; that's all information and the way people communicate and exchange ideas," Steinbaugh said. "When the state starts to regulate those, it gets into pretty treacherous territory."

Ashcroft has repeatedly dismissed claims that the rule is trying to censor content at libraries.

"(The rule is) just shining sunlight, making sure there's transparency, so that the taxpayers can know what the policy is," Ashcroft told News-Press NOW. "If the library writes a policy that the taxpayers like, fine. If the taxpayers don't like it, then it's up to the taxpayers to go to the board and say, 'We have a problem with this.'"

Steinbaugh said librarians' expertise should be trusted in making the decision of what should be available to communities in libraries, and concerned parents should work with libraries to find a balance for their own children.

"This is not a transparency measure," Steinbaugh said. "This is the state imposing restrictions on what can be in the library in the first place, and that's something that deprives local communities to choose what they want in their own libraries and grants that authority to the state."

Ashcroft said he wants Missourians to submit their feedback on the rule.

"That is the people's opportunity to help make the rule better," Ashcroft said. "I just want to make sure everybody knows about that."

Specific feedback about what in the rule one likes or does not like and why helps the office the most, according to Ashcroft.