CLN: Parental rights and the First Amendment

Community Library Network critics assert that inappropriate and smutty books must remain available to minors. They endlessly exhort “parental choice” and claim to be “champions of the 1st Amendment.”

However, does a prudent parent allow medication, matches, and sharp objects to be readily available to children at home? No, that would be reckless, dangerous and negligent. But, parental choice will prevail to ensure these objects are always monitored and accessed responsibly, correct? No parent is capable of unlimited supervision and guaranteed timely intervention. 

So too is the issue with words and images peddled in some of the obscene materials produced for minors. No one can “un-see” what is seen once it has been seen. So, why do the so-called “parental rights” warriors find it acceptable for the minor’s library collection to be a literary minefield despite highly vigilant parents? Again, parents would not be capable of unlimited supervision and guaranteed timely intervention. 

Regarding minors and the 1st Amendment, that comes with limitations. A combination of themes from many Supreme Court cases finds that there is a compelling state interest to protect minors from harmful materials. Yes, minors have constitutional rights, but not to the same degree adults do. Therefore, courts tend to be supportive of regulations, laws or policies that seek to balance protecting minors along with their constitutional rights. 

For the perennial critics, please inject some reason, and allow the library to exercise common sense measures. Parents will still be able to exercise their parental rights. And if the minor’s collection is not dirty enough for the few, those books are readily available to be checked out by adults for themselves or their children.

HELEN MILLOVITSCH

Post Falls