SB81 was Never the Right Path for Arkansas
Arkansas has long been a state where the principle of “live and let live” has guided our way of life. Respecting differences and allowing individuals to make their own choices have been cornerstones of how we approach community and governance. SB81 / Public Act 372 disrupted this tradition, imposing the morality of a small group of activist legislators on the entire state and threatening the freedoms guaranteed to all Arkansans under both the U.S. and Arkansas Constitutions.
The First Amendment to the U.S. Constitution and Article 2, Section 6 of the Arkansas Constitution unequivocally protect the right to free speech and the freedom to read without government interference. These rights are foundational to our democracy, ensuring that every voice can be heard and every perspective can be explored. SB81 violated these principles, creating barriers where none should exist. By empowering local officials to act as censors and threatening library staff with prosecution, the bill undermined Arkansas’s proud tradition of intellectual freedom and individual choice.
SB81 wasn’t normal public policy. Arkansans have always valued pragmatic governance that lowers barriers, fosters opportunity, and respects individual rights. SB81 was an affront to that tradition. It imposed a top-down, heavy-handed approach to library policy, forcing libraries to adopt vague and unworkable procedures for book challenges and exposing librarians to the risk of criminal penalties for simply doing their jobs.
Judge Timothy Brooks’ decision to overturn the key provisions of SB81 and declare them unconstitutional was not just a victory for free expression, it was a recognition that the law fundamentally clashed with Arkansas values. In his ruling, Judge Brooks highlighted how SB81 violated the First and Fourteenth Amendments, chilling free speech and creating undue burdens on libraries and their staff.
Arkansas deserves better than this kind of divisive, partisan policymaking. Censorship laws like SB81 are not how we’ve traditionally done public policy, especially on matters as vital and basic as free speech. They represent a dangerous departure from the values that have long defined our state. The Arkansas Right to Read Project is committed to restoring our state’s proud tradition of intellectual freedom and practical governance. We believe that government should focus on removing barriers—not imposing the narrow morality of a small minority on the rest of us.
That’s why we’re proud to support HB1028 in the 2025 legislative session. This bill will repeal the harmful and unconstitutional provisions of SB81 and replace them with policies that uphold intellectual freedom and respect the diverse views and values of Arkansas communities. HB1028 ensures that public libraries remain places of discovery and exploration, free from censorship and partisan interference.
It’s time for Arkansas to return to governance that reflects our shared values: respect for individual choice, commitment to freedom, and belief in the power of open access to ideas. We invite all Arkansans to join us in supporting HB1028 and reclaiming our state’s tradition of “live and let live.”