Since first passing in March 2023, Arkansas Act 372 has been met with resistance from Arkansans and library professionals. The act creates a process for challenging the suitability of library materials for minors, as well as criminal penalties for “furnishing a harmful item to a minor.” Appeals from both the opposition and the state have gone back and forth through federal courts.
On July 30th, 2026, the 8th U.S. Circuit Court of Appeals ruled that key provisions of Arkansas Act 372 can now go into effect. The three-judge panel ruled that the plaintiffs challenging one section of the law lacked standing and that librarians and booksellers had failed to prove the section creating criminal penalties for “furnishing a harmful item to a minor” was unconstitutionally vague.
It’s frustrating and confounding to look at that section of the proposed law and how “harmful items” could be identified under this new system and not worry that it is unreasonably vague. Doubly so since the act creates criminal penalties that could affect librarians and booksellers simply for making materials available to minors.
Worse still is the uncertainty this creates around materials containing sexual content, from classic romantic literature to puberty guides designed to inform growing children. Similar challenges around the country have frequently targeted titles by queer or Black authors, books featuring protagonists from marginalized communities, and works discussing topics related to LGBTQ+ existence, feminism, and anti-racism.
For many library and intellectual-freedom advocates, Act 372 raises serious questions about the freedoms of expression enshrined in the First Amendment to the Constitution. The 8th Circuit Court, however, disagreed with the plaintiffs' arguments. In their ruling, the judges state there has been no attempt to revoke the rights of the plaintiffs because they are “speculating libraries might decide to segregate certain books as part of their curation policies, which they have not yet adopted, or in response to challenges, which have not yet been filed.”
The court also rejected the argument that the law's “furnishing a harmful item to a minor” provision is unconstitutionally vague, finding that its requirement that a person knowingly furnish an item while knowing its harmful character sufficiently limits its application. The offense is a Class A misdemeanor.
While the judges are correct that the events anticipated by the plaintiffs have not come to pass under Act 372 in Arkansas, we have seen controversies surrounding similar restrictions in states including Iowa and Florida. Book challenges and restrictions in these states have affected titles by queer or Black authors, books featuring protagonists from marginalized communities, and works discussing topics related to LGBTQ+ existence, feminism, and anti-racism. The plaintiffs aren’t just jumping at shadows.
Hopefully, further appeals will stymie what opponents view as a harmful censorship law, but the July ruling means the legal battle may be far from over. “The freedom to read is fundamental to a free society and has always been protected by the First Amendment,” says John Adams, counsel to the plaintiffs. “We remain committed to defending that principle. We are reviewing the court’s opinion carefully and evaluating all available legal options, including further review by the courts.”
The Arkansas chapter of the American Civil Liberties Union also wrote about the court’s decision: “Today’s decision threatens every Arkansan’s freedom to read and learn. The government should never decide which ideas people may access. Libraries and bookstores should be places for exploration and discovery — not censorship.”
I first reported on this story in 2025, and there I theorized that Governor Sanders was attempting to “stack the deck” for a “flurry of anti-library political maneuvers.” With the injunction now lifted, the coming months will show how Arkansas officials put Act 372 into practice and what that means for the state's librarians, booksellers, and readers.
Are you an Arkansas librarian or bookseller affected by Act 372? If you'd like to share your experiences or perspective, you can reach J. Zimmerman at j.z.film.writer@gmail.com.
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