Affirmative Defense to Crime of Obscenity (H 7575, S 2429)

We strongly supported this legislation which would protect literature with “educational and governmental” value, as well as materials in a “bona fide school, museum, or public library.”

In conformance with U.S. Supreme Court rulings limiting the reach of obscenity laws to avoid infringing on First Amendment rights, Rhode Island’s obscenity statutes do not apply to materials with “serious literary, artistic, political or scientific value.” We strongly supported this legislation which would further protect literature with “educational and governmental” value, as well as materials in a “bona fide school, museum, or public library.” Particularly in light of the disturbing crusade against LGBTQ+ affirming literature occurring in school libraries across the country, this bill is an important attempt to prevent similarly censorious mischief in RI. This bill passed the Senate, but died in the House.