EDITORIAL: Porn on kids' shelves? Not betting on it

For Idaho libraries, it’s Miller Time.

While the notion of consuming a cold beverage or two after library doors close is probably even more inviting than usual thanks to the anti-obscenity bill that became Idaho law July 1, that’s not what’s meant by Miller Time.

In this case, Miller Time refers to application of the Miller Test, which the U.S. Supreme Court adopted in 1973 as the legal test to determine when expression is obscene.

Miller Test guidelines are now the backbone of Idaho’s law requiring public libraries to move books out of children’s sections if a 60-day review process finds those books or other materials flunk the Miller Test.

Here’s how the High Court framed the three-prongs that together constitute obscenity:

(1) whether the average person applying contemporary community standards would find the work, taken as a whole, appeals to the prurient interest;

(2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and

(3) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

As has been well-publicized, libraries face $250 statutory damages every time they fail to move “obscene” material in the allowed time. Less well known is that the far more serious financial impact to public libraries would be attorney fees, which typically start around $200 an hour and go up from there.

Without making any predictions whatsoever, it will be fascinating to see how essential this legislation will be toward improving life in Idaho. Between now and the 2025 legislative session, will hundreds of complaints be filed? Thousands? 

How many will end with findings against libraries? And how much will that cost taxpayers, both in $250 fines and attorney fees?

Just keep in mind that many of the legislators who supported this law also claimed for years that critical race theory was running rampant through Idaho K-12 schools, yet citizens are still waiting for the first crumb of actual evidence.

Meanwhile, put your feet up and relax. You know what time it is.