Tennessee bill targets ‘obscene’ books in school libraries

NASHVILLE, Tenn. – Proposed legislation from Rep. Scott Cepicky is aiming to restrict “obscene” materials in schools.

The bill has three parts, Cepicky says.

“In Title 39, there’s a part there that gives an exception to the possession of pornographic materials for the distribution to minors that currently exists in K-12 right now. The first two sections deal with removing that exemption,” Cepicky said during last week’s Education Administration. “What is obscene or pornographic in relationship to distribution to minors outside of K-12, will now be illegal inside K-12.”

Cepicky says the bill’s third part would allow parents to bring concerns straight to their local school boards.

He says if a parent or guardian sees their student with a book they see or view as obscene, they can contest its placement in the library.

“They make a complaint to the director of schools, the director of schools will pull that book for 30 days,” Cepicky said.

He says under this bill, it would then go to the school board who would decide if it stays or goes.

“If the school board deems that book is obscene or pornographic, they can pull that book from the library. And once a year they have to report to the Department of Education any book they have removed,” Cepicky said.

Cepicky says this bill will give the local community the power to choose.

“The intent of the bill is to make that final decision at the local level. And the Miller test brings in community standard, what a reasonable person would deem in that community obscene or pornographic. Does it have any literary content, or educational content to it,” Cepicky said.

Cepicky says if a school board decides that book is appropriate, that decision is final.

House Bill 1944 was sent to the Calendar & Rules Committee last Wednesday.

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