Nat’l Coalition Against Censorship opposes ND bills related to explicit book contents

FARGO, N.D. (KVRR) — The National Coalition Against Censorship opposes 2 bills in the North Dakota legislature that controls contents in books.

“This is a lot of censorship. In fact, it really starts with the display bill that was amended. That’s undoubtedly unconstitutional. What’s already on the books in North Dakota is unconstitutional. The Supreme Court declared in 1989 that these government states cannot restrict material in an effort to protect minors if it took material out of the hands of adults. That’s what this law does,” said Christopher Finan, the Executive Director of NCAC.

One house bill targets libraries and would make it a Class B misdemeanor for any business where minors can go that offer books showing at least partial nudity and sexual material.

A senate bill, introduced by Republican Senator Todd Beard of Williston, expands the ban to any book featuring written descriptions of nudity.

“One side of this issue is determined to ensure that the sexually graphic books and materials be available to our children. Another side believes making available sexually graphic books and materials may cause harm to minor children. I side with the latter,” Beard said.

“I don’t doubt that much of the motivation behind these bills is sincere but that doesn’t justify writing laws that are so broad and sweeping,” Finan says.

Christopher Finan with NCAC, says both bills threaten the 1st Amendment.

“The motivation seems to be to want to scare people. Make them unsure of what the law is. Make them worry that they’re going to make a mistake and be punished for it,” says Finan.

He says he believes the legislature wants more control than what the Supreme Court is willing to allow.

“I was just struck by… it just seems like a throwback to a much earlier era where all you had to do if you wanted to protect kids, you could do whatever you want. You can’t. There are restrictions that the Supreme Court established and that all the states have to follow,” Finan said.

If either bill passes, booksellers and librarians could be sent to jail for 30 days and face a $1,500 fine.