A legislative proposal that could allow prosecutions of K-12 school officials or librarians if they provide obscenity to minors failed to advance Wednesday in the Nebraska Legislature. Under current law, it is a Class I misdemeanor to provide obscene materials to minors. That penalty carries up to a $1,000 fine or one year in prison or both.
LB441 was introduced by Thurston Senator Joni Albrecht and would close a “loophole” that she says leaves K-12 librarians and teachers immune from prosecution and able to provide obscenity to minors. “It makes no sense that schools and libraries, of all places, should be given a pass to expose children to material that the law would already recognize as criminally obscene to children,” Albrecht says.
Senator Dave Murman supported the measure. He says that while opponents may argue that the bill infringes on First Amendment rights, obscenity is not a legally or constitutionally protected form of speech.
Lincoln Sen. Danielle Conrad opposed the bill saying LB441 could have a “chilling effect “on the ability to recruit and retain teachers and librarians due to fear of criminal prosecution. Conrad also argued that librarians are well-trained in what is appropriate material for students and should be able to do their jobs without political interference.
“If we have challenges in our schools, we need to turn down the temperature with these manufactured culture war issues,” she says. “We need to be clear-eyed and thoughtful about providing resources and a constructive political dialogue to ensure that our public schools remain strong.”
After eight hours of debate on Wednesday, LB441 fell three votes short of ending debate to allow a second vote on advancement. The bill is unlikely to be placed on the agenda again this session.