New Mandate Limits Variety of Books in South Carolina Public Libraries; State Funding at Risk for Non-Compliance

New Rule Restricts Books on Public Library Shelves in South Carolina

Columbia, SC—A newly implemented mandate across the state of South Carolina now restricts the types of books that can be housed on the shelves of public libraries. Libraries that fail to comply with this mandate risk losing their state funding, a resource that many libraries depend on for their survival.

A Controversial Proviso

The temporary rule, also referred to as a proviso, mandates that county libraries verify with the State Library that books and materials located in their children’s sections do not contain any content that is deemed to appeal to the prurient interests of kids under the age of thirteen. Such interest is described under state law as “a shameful or morbid interest in nudity, sex, or excretion and is reflective of an arousal of lewd and lascivious desires and thoughts”.

Republican Senator Josh Kimbrell, one of the rule’s sponsors, stated his intentions: “We’re not saying that a library can’t buy a book that we don’t like or we think that is somehow not appropriate for kids. We’re just saying that a parent needs to be involved.” The rule allows children to access the books in question, but only with explicit parental permission.

Kimbrell further elaborated, ”We do think that giving essentially pornographic, explicit, or sexually suggestive materials to minors without mom and dad knowing about it is inappropriate, and that should be inappropriate in all 46 counties in the state.”

The Libraries’ Response

However, library leaders believe the restriction addresses a non-existent issue. “We already have policies in place that address these very concerns,” said Angela Craig, President of the South Carolina Library Association and Executive Director of the Charleston County Public Library.

She argued that this statewide rule undermines the control that local entities have over their library policies. Those policies are set by the local library board, whose members are selected by county councils. This rule, according to Craig, potentially sends a conflicting message to public library directors and presents a major concern for tax-funded entities.

Preparing for Implementation

With the new ruling now operational and tied to state library funding, the State Library requires county libraries to sign a compliance form, ensuring their adherence to a Collection Development Policy approved by their local public library board. Libraries also must provide a form for individuals who wish the library to reconsider the availability of certain materials and a policy indicating when a child can obtain a library card without parental consent.

The State Library, caught in a difficult predicament, will seek counsel from the South Carolina Attorney General’s Office on how to adhere to this new requirement. The proviso will remain in place for the next year as a temporary state budget law, with the State Legislature either renewing it in 2025 to extend its operation or enacting a permanent law.