Judge strikes down Missouri book censorship law as unconstitutional

FOX23 News at 9 p.m.

KANSAS CITY, Mo., (KBSI) — A Jackson County judge has struck down a Missouri law that led to the removal of hundreds of books from school libraries, ruling the statute unconstitutional and barring the state from enforcing it.

Jackson County Circuit Judge J. Dale Youngs found that Senate Bill 775 — codified as Section 573.550, RSMo. — violated Missouri’s Due Process and Freedom of Speech clauses. His ruling permanently blocks enforcement of the law, which prompted schools and library professionals statewide to pull books from shelves, revise policies and restrict digital access out of fear of penalties.

“The court saw Senate Bill 775 for what it is, an unconstitutional censorship law that used the threat of fines and imprisonment to eliminate the guidance of professional librarians and parents,” said Gillian Wilcox, director of litigation for the ACLU of Missouri. “The ACLU of Missouri will always stand for the right to access ideas and information in schools.”

The ACLU of Missouri and Stinson LLP filed the lawsuit in February 2023 on behalf of the Missouri Association of School Librarians, the Missouri Library Association and their members.

Jenn Baldwin, president of the Missouri Association of School Librarians, said the ruling restores librarians’ ability to support literacy without fear of prosecution.

“Missouri school librarians welcome the court’s finding that the law was unconstitutionally vague and overbroad,” Baldwin said. “This decision affirms our work to respect parental rights and help their children select diverse, appropriate books.”

Kimberly Moeller, past president of the Missouri Library Association, said the decision removes the “fear of prosecution” that had hung over library staff.

“This ruling allows library professionals to continue doing what they do best — partnering with families to foster a love of learning and literacy,” Moeller said.

Lawmakers passed Senate Bill 775 in 2022. The measure shifted control over what materials students could access away from parents and trained library staff and exposed educators to potential fines and jail time. Critics argued the statute’s vague and broad language opened the door to arbitrary enforcement and could criminalize interactions occurring outside school settings, including conversations between school-affiliated volunteers and their own children at home.

With the law struck down, school districts are no longer required to choose between protecting staff from prosecution and allowing students full access to information and ideas.