Kansas City, Mo. – Jackson County Circuit Court Judge J. Dale Youngs found that Senate Bill 775 (codified as § 573.550, RSMo.) violated both Missouri’s Due Process and Freedom of Speech Clauses and ordered a permanent injunction barring the enforcement of the censorship law that caused library professionals and school districts across the state to remove hundreds of books from library shelves, change their policies, and limit electronic access.
"The court saw Senate Bill 775 for what it is, an unconstitutional censorship law that used the threat of fines and imprisonment to eliminate the guidance of professional librarians and parents and instead gave control over what our students in both public and private schools read to politicians in Jefferson City,” said Gillian Wilcox, Director of Litigation at the ACLU of Missouri. “The ACLU of Missouri will always stand for the right to access ideas and information in schools and defend the ability of trained library professionals to make choices about what books are appropriate for their library shelves.”
The ACLU of Missouri along with co-counsel at Stinson LLP filed the lawsuit in February 2023 on behalf of the Missouri Association of School Librarians, the Missouri Library Association and their members.
“Missouri school librarians welcome the court’s finding that § 573.550 was unconstitutionally vague and overbroad, restoring our ability to support students’ literacy without fear of arbitrary enforcement,” said Jenn Baldwin, Missouri Association of School Librarians President. “This decision affirms our work as Missouri school librarians to respect parental rights to help their own children select diverse books appropriate for them.”
"Missouri librarians and library staff applaud the court's decision that Senate Bill 775 was an unconstitutional restriction on the speech and due process rights of library professionals, students, and parents,” said Kimberly Moeller, the 2024 Missouri Library Association Past President. “This ruling removes the fear of prosecution and allows library professionals to continue doing what they do best - partnering with families to foster a love of learning and literacy.”
Missouri Revised Statute § 573.550, passed in Senate Bill 775 in 2022, removed not only from professional librarians – who have long abided by well-established selection criteria for choosing appropriate and educational materials – but also from parents the decision as to what library materials are appropriate for their students and children. The law created fear through the threat of arbitrary criminal enforcement, including imprisonment and fines, leaving school districts faced with the ostensible legal dilemma of protecting their staff against potential prosecution or upholding their students’ rights to access ideas and information while in school.
The law was overbroad and utilized vague language that invited the government to intrude on actions that happen outside of the school setting as it does not specify when and where it applies to a school-affiliated person’s actions, leaving school personnel and even parent volunteers invited into a school setting open to prosecution based on what they provide to and discuss with their children at home.