Texas lawmakers advance bill that makes it a crime for teachers to assign "Catcher in the Rye"

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Lawmakers in Texas are seeking to impose harsh criminal penalties on school librarians and teachers who provide award-winning works of literature to students. Identical bills in the Texas Senate and House would make it a crime for librarians and teachers to provide books or learning materials that contain sexually explicit content, punishable by up to 10 years behind bars — whether or not a book has educational or literary merit.

Currently, if someone is charged with providing sexually explicit content to a child, they can argue that the content was provided in pursuit of a scientific, educational, or governmental purpose. SB 412 and HB 267 would remove this affirmative defense. This defense exists because, while some people provide explicit content to children to harm them, books that include sexual content have long been a valuable component of secondary education. Many classic works of literature, including "The Odyssey," "Catcher in the Rye," "Brave New World," and "One Flew Over The Cuckoo's Nest," have sexually explicit scenes.

Under SB 412, which the Texas Senate voted to advance last week and now awaits approval by the House, teachers and librarians would no longer be able to argue that sexually explicit content can serve an educational purpose. Only law enforcement officials and judges would be exempted under the new law. SB 412 also leaves in place an exception if the adult providing the sexually explicit content is married to the child, which is legal in Texas, with a judge’s approval, if the child is at least 16 years old.

In the last few years, Texas teachers and librarians have faced an onslaught of criticism from conservative activists and lawmakers for offering well-regarded works of literature to students. Books that have come under fire in Texas include Toni Morrison’s “The Bluest Eye,” “The Handmaid’s Tale” by Margaret Atwood, and “The Color Purple” by Alice Walker. In December, one district briefly restricted access to the Bible in an attempt to comply with a book-banning bill passed in 2023. Some activists have even targeted picture books about gender-identity or children with two parents of the same gender, saying such books are causing harm to young children.

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Remaking Texas education

Senator Mayes Middleton (R-Galveston), the primary sponsor of SB 412, has sponsored several other bills during Texas’ current legislative session to ban materials from schools and libraries that don't conform to his right-wing Christian ideology and aim to infuse religion into the classroom.

In addition to SB 412, five other bills sponsored by Middleton passed the Texas Senate last week.

SB 11 allows school districts to allocate time each day for teachers and students to pray or read from religious texts, including the Bible. SB 10 requires all classrooms to display a copy of the Ten Commandments.

SB 13 overhauls the process by which books are selected for school libraries. Instead of trained librarians, school boards would have the final say over which books are allowed on the shelves of school libraries. School districts would also be required to form library advisory boards of parents and other community members to recommend whether a book should be added or removed from a school’s collection. Finally, the bill places a blanket ban on books that have “indecent content or profane content.”

SB 18 would defund any libraries that host children’s drag queen story hours, a frequent target of conservative activists and lawmakers in Texas and other states.

SB 12 bans Texas schools from teaching about gender identity and sexual orientation; developing policies or training about diversity, equity, and inclusion (DEI); and considering diversity in hiring decisions. One lawmaker said this bill would prevent taxpayer money from being spent to advance “political activism and political agendas.”

Other states consider harsh penalties for teachers and librarians

Multiple states, including Indiana and Arkansas, have already passed laws that make educators or librarians vulnerable to harsh penalties, or even jail time, for providing “obscene” materials to minors, the Washington Post reported. In December, a federal judge struck down parts of an Arkansas law that would have "established a criminal misdemeanor, punishable by up to a year in prison, for librarians and booksellers who distribute ‘harmful’ material to a minor,” ruling that “elements of the law [were] unconstitutional."

A 2024 analysis by the Associated Press found that in the first four months of last year, “lawmakers in more than 15 states… introduced bills to impose harsh penalties on libraries or librarians.” Legislators in multiple states, including Alabama, Georgia, and Arizona, have already introduced similar legislation this year.

In Alabama, HB 4 would change current criminal obscenity laws to include “public libraries, public school libraries, and their employees or agents in certain circumstances.” The bill, which has 50 cosponsors, gives educators and librarians “15 business days [after receiving a valid complaint] for staff to move material to an age-restricted section; remove material; cease conduct; or make an official determination that the material or conduct does not violate the law.” Complaints can be sent by any resident in the same county as the public library or a parent or guardian of a child enrolled in the school. If the person who files the complaint does not receive notice of action within 25 days, the material can be taken to law enforcement. The bill excludes college and university libraries and librarians.

In Georgia, SB 74 would “repeal an exemption for libraries and librarians,” and make them vulnerable to “a misdemeanor of a high and aggravated nature” if they knowingly sell or distribute “harmful materials to minors.” The bill includes an exception for “librarians who make good faith attempts to identify and remove material harmful to minors.” The legislation was passed by the state Senate earlier this month, and has now moved to the House.

Arizona SB 1090 states that “an employee or independent contractor of a public library in this state may not refer an unemancipated minor [or facilitate access for an unemancipated minor] to any sexually explicit material in any manner.” The legislation states that an employee of a public library “who acting with criminal negligence violates this section is guilty of a class 5 felony.” The bill passed a Senate committee in January, but, even if it passes the state legislature, it is unlikely that it will be signed into law by Democratic Governor Katie Hobbs.