School library legislation: Holcomb signs bill allowing book banning

Indiana Gov. Eric Holcomb delivers his State of the State address to a joint session of the legislature at the Statehouse, Tuesday, Jan. 10, 2023, in Indianapolis. (AP Photo/Darron Cummings)

INDIANAPOLIS — Gov. Eric Holcomb has signed into law a proposal that could make it easier for parents and other community members to challenge books in school libraries.

Holcomb on Thursday signed HB 1447, which requires public and charter school libraries to publicly post a list of books in their catalogs and establish a formal complaint process for parents, guardians and community members who object to materials in the libraries.

Additionally, schools and librarians are no longer able to argue as a legal defense against criminal prosecution that materials deemed to be “obscene” or “harmful to minors” in their libraries have “educational” value. The proposal, however, still allow thems to argue that the materials have literary, artistic, political or scientific value.

Disseminating material deemed “harmful to a minor,” as well as the sale, distribution or exhibition of obscene material, are Level 6 felonies in Indiana.

The bill cleared the House and Senate on Thursday during the final hours of the legislative session after it was placed into another bill at the last minute. State lawmakers representing parts of Bartholomew County — Rep. Ryan Lauer, R-Columbus; Rep. Jim Lucas, R-Seymour; and Sen. Greg Walker, R-Columbus, voted in favor the proposal.

Supporters of the bill have expressed concern that sexually inappropriate or “pornographic” materials are available to children in school libraries. Critics, however, said the legislation could open the door to banning books simply because some people don’t like the topics, as well as criminal prosecutions of educators for providing such books, particularly those with LGBTQ+ themes.

The legislation comes amid a national wave of Republican-backed legislation seeking to ban books that feature LGBTQ+ subject matter.

Attempted book bans and restrictions on libraries have surged, setting a record in 2022, according to a report released last month by the American Library Association.

More than 1,200 challenges were compiled by the association in 2022, nearly double the then-record total from 2021 and by far the most since the ALA began keeping data 20 years ago.

Holcomb, whose term ends at the end of 2024, also signed the state’s two-year $44 billion budget and dozens of other bills into law on Thursday, including Lucas’ state-funded teacher gun training bill.