Georgia Senate Bill 74 (2024) proposes a major change to how libraries serve the public by removing long-standing legal protections for librarians and library staff when it comes to materials that may be deemed “harmful to minors.”
SB74 would repeal an exemption in Georgia law (O.C.G.A. § 16-12-104) that has protected librarians and educators from criminal charges since 1983 when circulating materials someone might find controversial or sensitive. Read the full bill
Under current law, library professionals are protected because our society has recognized that libraries provide access to a wide breadth of information — including materials some may find uncomfortable — without fear of prosecution. If SB74 passes, library staff could face criminal penalties for doing their jobs, even when acting in good faith.
What’s “Harmful to Minors”?
Georgia law defines “harmful to minors” using a three-part legal test that comes from obscenity standards, including whether a work:
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Appeals to a shameful or morbid interest
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Is patently offensive to community standards
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Lacks serious literary, artistic, political, or scientific value
This definition is vague and highly subjective — and no library materials currently on shelves in Georgia have been found to meet this standard.
Libraries have established reconsideration policies to review materials when concerns arise, ensuring that collections remain responsive to community needs. Decisions about what children read should be made by parents—not by the government—preserving the fundamental right of families to guide their own values. If passed, SB74 would have a chilling effect on access to books and information for everyone, not just minors. Library staff could face criminal charges simply for doing their jobs, particularly as digital collections—often updated automatically—make constant monitoring nearly impossible. The threat of prosecution will also make it significantly harder to recruit and retain qualified librarians across Georgia, further weakening the state’s literacy and educational infrastructure.
Take action now - send a message to your state representative https://www.allianceforgeorgialibraries.org/vote_no_on_sb74
It is important to recognize that library materials in Georgia have ever been legally deemed “harmful to minors.” Federal courts have struck down similar laws in other states as unconstitutional, including Arkansas (Dec. 2024 ruling). Legal precedent (e.g., American Booksellers v. Webb) supports the current exemption for libraries.
Points to consider for all library stakeholders
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Libraries promote early literacy, reading stamina, and lifelong learning.
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SB74 would make it harder to attract qualified professionals.
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This bill is a solution in search of a problem.
For Library Media Specialists
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Student well-being, literacy, and mental health are supported by diverse, relatable books.
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Reading builds empathy, reduces stress, and supports academic success.
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Most Americans — across political lines — oppose book bans.
For Public Libraries
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Libraries are not substitutes for parental authority — families guide reading choices.
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Removing this exemption puts unfair pressure on staff and creates a chilling effect.
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Materials that offend one family may be essential to another — public libraries serve everyone.
Send a message today to your state legislators to Stop SB74 and safeguard libraries and librarians.