Georgia Senate passes Bill 74 to repeal library exemption on harmful materials

Georgia's Senate has taken a significant step towards revising its approach to materials deemed harmful to minors in libraries. During the Legislative Day 26 meeting on March 3, 2025, the Senate passed Senate Bill 74, which repeals an existing exemption for libraries and librarians from certain legal provisions regarding the sale or distribution of harmful materials to minors. This decision aims to enhance protections for children while providing librarians with a legal defense if they make good faith efforts to identify and remove such materials.

The bill, championed by Senator Payne, emphasizes that it does not alter Georgia's obscenity laws or ban any books. Instead, it seeks to hold librarians accountable under the same standards that apply to other professionals, such as bookstore employees, who must ensure that minors do not access inappropriate content. The legislation introduces an affirmative defense for librarians, allowing them to demonstrate that they have made reasonable efforts to restrict access to harmful materials.

Supporters of the bill argue that it aligns Georgia with the majority of states that either have no exemptions or provide similar defenses for library workers. They assert that the intent is to protect children from potentially harmful content while recognizing the expertise of librarians in managing library collections.

However, the bill has faced criticism from opponents who argue that it could lead to censorship and create a climate of fear among librarians. They contend that the vague definitions of harmful materials could result in unnecessary self-censorship and limit access to diverse literature, ultimately undermining the educational role of libraries.

The passage of Senate Bill 74 reflects ongoing debates about the balance between protecting minors and preserving intellectual freedom in educational settings. As the bill moves forward, its implications for libraries and the broader community will continue to be closely monitored.