Abortions and book bans don’t have much in common, but a 2021 bill that effectively banned abortions after the detection of embryonic or fetal cardiac activity, could have paved the way for harsh punishments against librarians, including lawsuits for providing “obscene” material.
In 2021, the newly passed Senate Bill 8, or the “Heartbeat Bill,” threatened abortion providers by incentivizing civil lawsuits against them, banning abortions after six weeks of pregnancy. According to the Texas Standard, the strategy was controversial and it now serves as the blueprint for other legislative measures.
Last week, Lt. Gov. Dan Patrick announced one of his priorities for this legislative session: banning “obscene” books in Texas schools. SB8’s strategy could be a very similar template for more book bans in a state that experts agree has already banned more than any other state in recent months.
“Jonathan Mitchell, this Austin attorney, has been drafting ordinances for the city and county level that would allow people to go after librarians for putting on bookshelves “immoral content,” Axios political reporter Asher Price told the Texas Standard. “And the ordinances that he’s been drafting, which I obtained a copy of, say that a citizen could sue a librarian or any employee of a city or county who violates the terms of the ordinance.”
Price explained that the draft ordinance prohibits librarians from showing any book in a young adult section that includes “descriptions of nudity, descriptions of masturbation, or books that describe suicide or self-harm.” The ordinance also says that LGBTQ+ flags cannot be displayed in any Texas school library, and June is not allowed to be recognized as Pride Month in schools.
In a similar fashion, SB8 states that Texas residents are entitled to $10,000 in the cost of attorney fees by winning a suit against an individual who gets an abortion or aids in the abortion process.
Books bans in Frisco ISD, for example, have shown to be prompting controversy. Previously reported by Local Profile, Frisco ISD has been in the process of reviewing over a million books in its library since May, removing 10 books from school shelves between February and August of 2022. At a meeting on November 30, 2022, the board voted to permanently remove five more books for the first time.
Price believes that this bill could be considered “unconstitutional” and will likely force federal courts to get involved in a number of lawsuits.
