Showing posts with label Miller v California. Show all posts
Showing posts with label Miller v California. Show all posts

Saturday, March 14, 2026

Community Standards: The Non-Negotiable Shield Against Sexualizing Our Kids



In recent years, a troubling trend has emerged in many American public schools and libraries: parents are increasingly being sidelined from key decisions about their children's education—especially on sensitive topics like sexuality and gender identity.

This erosion of parental authority isn't organic nor is it accidental--it's a deliberate agenda driven systemic shift that exposes young students to explicit materials and certain ideologies without parental knowledge or consent. These efforts are often justified under the banners of “inclusivity” and “education.”

What exactly did you show my kid?

Ironically, parents are not "included" and many materials are being given to children too young to find them "educational" at all.

At the heart of this issue is the longstanding principle of parental rights—a fundamental aspect of society that has been repeatedly affirmed by U.S. courts for more than 100 years. These rights are being undermined by school and library policies that prioritize institutional discretion over family autonomy. Relief from the Courts across the country is being sought by families as schools and public libraries fight to be allowed to continue the practice of open access to sexually explicit materials regardless of age.

This ongoing conflict underscores a core reality: as the Supreme Court has affirmed, parents are the primary protectors of their children's best interests and possess the fundamental constitutional right to direct their upbringing and education without being shut out or overridden by schools or public libraries.

Opponents, however—a powerful vocal minority—have framed parental objections to sexually explicit materials available to children as censorship, successfully influencing policy in many districts and states to effectively override family oversight regarding curriculum, access to sexually explicit materials, and exposure to politically driven agenda initiatives.

Ginsberg v. New York (1968) is interpreted to say that limiting a child's exposure to sexually explicit materials is not censorship, and that obscene materials are not protected speech.

Constitutional Parent's Rights appear to be placed as secondary to a child's "right to read" which is not a right at all, but a suggested library policy by the American Library Association. "Freedom of Information," does not override Parent's Rights, either, also a suggestion from the ALA, however public libraries use both policies to potentially violate Constitutional rights of parents with regard to children's education and development.

Requests to place books in areas accessible to appropriate ages for the materials are met fierce opposition, cumbersome administrative barriers and denials with little recourse. Adults would have access no matter where the book ends up, and no Free Speech Rights are violated by age restricted curation. Many schools and libraries place books based on age and grade levels, and are guided by Community Standards as well as Kansas Law.

Many libraries allow all ages to access all materials

This is not normal for 
a children's section 
     Your little girl is 5 feet away from you looking for her favorite Dora the Explorer book and this page in "It's Perfectly Normal" (Harris, Robie H.) is what she sees in a book on the same shelf.

Can't un-see it, and now you get to explain it whether you like it or not. Even without the illustrations, you can see that the text is not meant for Elementary School children.


Hays Public Library was asked to put it in a Parenting section so you could see it first and decide if you wanted to have that conversation with your child, but they put it in the Children's section anyway.

Your Rights as a Parent just got stomped on.

Good luck with that.

Public schools and public libraries place sexually explicit illustrations and text in front of your children and require you to fight to protect your child from accidentally seeing it.

Over the last 10 years, publishers have increased the production of sexually explicit materials geared toward children, labeling those books as being for “ages 7-10” or “Ages 8+” with no objective criteria or accountability in making that decision. Those designations are a marketing category, not a Child Protective Standard or criteria for curriculum. Books for "ages 7-10" containing words like "clitoris" and "vulva" are clearly not written at the level of a first or second grade child, for example, as seen in Sex is a Funny Word (Silverberg, Cory)

By Kansas law, many of these materials, labeled as children's books, would be illegal in any other setting besides the Public Library or School Library. K.S.A. 21-6402 (Harmful to Minors) and K.S.A. 21-6401 (Promotion of Obscenity to Minors) with their shared definitions use the Miller test (Miller v California, 413 U.S. 15 in 1973) both indicate that reasonable adults, being “the average person, applying contemporary community standards" could find thousands of books in public libraries and schools to be obscene. K.S.A. 21-6401 applies to both Public Libraries and public schools, and holds the Board of Directors and School Board responsible for policies that allow children to be exposed to materials that may be obscene, as those books would surely meet the definition of Harmful, according to Kansas law. 

How far into the majority does it take to be a Community Standard?

Several polls have shown strong public (and often parental) support—exceeding 70%—for parents having the right to review or access what their children are exposed to in school curricula, instructional materials, and libraries. This aligns with widespread calls for transparency in education, where parents want visibility into books, lessons, and content without intentionally difficult bureaucratic hurdles. 

Here are some key examples from credible surveys:

  • A 2022 poll commissioned by the Goldwater Institute (conducted by Scott Rasmussen) found that 84% of American voters agree parents should be able to see the curriculum plans and materials for their children’s classes. This overwhelming majority underscores support for easy access to what kids are learning in school.
  • A related Scott Rasmussen National Survey (referenced in 2024 analyses) showed 82% of voters favor allowing parents full access to all curriculum plans and materials for their children's classes.
  • A 2022 Rasmussen Reports poll indicated broad concern about content exposure, with 78% of parents and 84% of grandparents believing it is important for parents to have control over what books are present in public school libraries. Additionally, majorities across parties (including 85% of Republicans, 56% of Democrats, and 69% of independents) viewed it as very important for schools to fully inform parents about classroom teachings.
  • In a 2025 Washington State poll by RMG Research (for Napolitan News Service), 96% of respondents believed parents should have access to their children’s school curriculum, reflecting near-universal support for transparency in one state context.

These figures come from polls tied to debates over parental rights, curriculum transparency laws, and concerns about explicit materials in schools/libraries.

Community Standards are on full display in these polls.

The practice of disregarding Community Standards not only violates constitutional protections but fractures the trust between families and educators, turning schools and libraries into ideological battlegrounds rather than neutral learning environments. These and other polls clearly indicate the public feels that parents should know what their children are being shown and what is taught to them. That means before it happens. After the fact when it's too late-- the damage is done and the seed of confusion is planted.

Recent court decisions have begun to push back against this overreach, affirming that parents hold primary authority.

The Court ruled in Mahmoud v. Taylor that a Maryland School Board's denial of parental notice opt-outs for instruction involving LGBTQ+-inclusive storybooks unconstitutionally burdens the parents' right to the free exercise of their religion. The Court ordered the school board to provide advance notice and allow opt-outs for the instruction in question while the case proceeds. 

In the landmark case Mirabelli v. Bonta (2026), the U.S. Supreme Court ruled 6-3 to temporarily block California's policies (including AB 1955) that prohibited schools from notifying parents about a child's gender identity changes or social transitions without the student's consent. The conservative majority reinstated a lower court's injunction, stating that such secrecy likely violates parents' rights under the First Amendment's Free Exercise Clause (for religious families) and the Fourteenth Amendment's substantive due process protections to direct the upbringing and education of their children. 

The Court emphasized that these policies "conceal [information about gender dysphoria] from parents and facilitate a degree of gender transitioning during school hours," substantially interfering with parental guidance. This emergency ruling, hailed by advocates as one of the most significant parental rights victories in a generation, has placed California schools in legal limbo and could reshape similar secretive policies nationwide. 

Parents are the authors of the standards of the communities in which they live. Both court cases are related to violations of parent's rights due to the active (not passive) attempts to circumvent parental authority. Passive attempts to go around a parent's rights would include putting an sexually explicit book in the children's section, and then blame the parent for not supervising well enough when their child picks it up. 

If public libraries and schools
would consider Community Standards, 
much of the turmoil today
could have been prevented

Community Standards have been left outside the gate as if they don't exist

The surge in litigation —and the avalanche of resulting legislation—is precisely what happens when Community Standards are ignored, while parental rights, women's rights, and children's rights are systematically trampled upon.

Over the past decade, we've seen a relentless push to expose young children to sexually explicit materials and ideologies that promote gender confusion, often without meaningful parental input or consent. The result has been widespread parental outrage, eroded trust in public institutions, and a flood of lawsuits challenging school policies, library practices, and state laws. Courts and lawmakers are now forced to step in and restore the natural balance because basic constitutional protections—long recognized as fundamental to family autonomy—have been overridden using public schools and libraries as launching pad, causing societal chaos.

When fundamental rights are ignored at scale, the legal system becomes the only recourse left to protect children, safeguard women's spaces and opportunities, and reaffirm that parents—not schools, libraries, or distant bureaucracies—are the primary guardians of their children's well-being and upbringing.

Gender ideology has taken over education and dominated the conversation in practically every industry and social setting. Policies regarding what children read and materials used for education have been co-opted by non-governmental organizations with no accountability to voters or families into every public school and public library across the country.

Parents are told that it is their responsibility to monitor what their child sees while policies and legally maneuvered defenses undermine any true empowerment to exercise that responsibility. Libraries and schools are not telling parents what's actually in the books they are giving to the children. What happens when trusted adults over a period of years repeatedly tell an entire generation of children that they or a bunch of their friends are in the "wrong body" and that their parents are wrong about it they don't agree?

The beginning of the end buried in the pages of books for kids

Example:

Sex is a Funny Word (Silverberg), a book in the Children's section in many libraries including the Hays Public Library, has the following quotes:

"But having a penis isn't what makes you a boy. Having a vulva isn't what makes you a girl" p. 71.

"I think this is the part where they tell us about the difference between boys and girls." "Only boys and girls? What about the rest of us?" "Excellent question, Zai. If everybody is different, how could there be only two kinds of people?" p. 72-73.

"Sometimes the people looking see a big clitoris and think it's a penis. Sometimes they see a small penis and think it's a clitoris. Sometimes they aren't sure." p. 77

So if the adults in the room can't be sure if a baby is a boy or a girl, how can the child ever be really sure what sex they are?

They can't, and that's the point of books like this.

This book teaches little kids about
masturbation and points out that
children can't really be sure of their sex

Editors have dropped hints throughout thousands of books that children might be in the "wrong body." Public schools and libraries have put those books in front of millions of children, defending the practice by saying the publisher says the book is for children and somebody somewhere gave the book a good review.

Community Standards be damned.

So here we are...


Cognitive dissonance is the psychological discomfort or mental tension that arises when a person holds two or more conflicting beliefs, values, attitudes, or ideas. Children manifest conflicting messages about gender/sexuality (e.g., family teachings vs. school/media content) with confusion, anxiety, depression, or giving in to alignment with one side or the other if only to resolve unbearable tension.

Schools and Libraries have been used as tools, a means to an end, an insidious garden to deeply plant the seeds of gender dysphoria in the most vulnerable, impressionable young minds, advanced and guarded by an aggressive political agenda that should have absolutely nothing to do with children.

Why are children being exposed to sexually explicit materials only in public schools and libraries?

K.S.A. 21-6401 
and K.S.A. 21-6402 
 prohibit display 
of obscene materials
to minors

Because it would be illegal in literally any other setting. Public schools and libraries are institutions where Community Standards are supposed to be a factor.


Children from pre-school on up are bombarded with messaging about sexual orientation, gender ideology, confusing mixed messages, and are divided from their parents and communities by all of it.

The resulting generational cognitive dissonance has caused societal upheaval

States are passing laws that prohibit boys from entering girls private spaces, competing in girls sports, listing anything but the biological sex on a Driver's License, and more; all to relieve the cognitive dissonance and legal entanglements that have been created by it.

In the Kansas Senate Bill 244 (SB 244), enacted in February 2026, "Sex" is defined as biological sex at birth (male or female, based on reproductive biology/genetics).

Settled biology now requires a law to enforce it, because little boys have been told for years that they can be girls and vice versa, just by saying it is so, in thousands of books and classrooms across the country.

27 states have laws explicitly banning male students from participating in female sports, requiring participation based on sex identified at birth. This covers K-12 schools (and often higher education). An additional 2 states (Alaska and Virginia) use regulations or agency policies to achieve similar restrictions.

  • Key states include: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming.
  • Recent additions strengthening laws in 2025 included Georgia, Kentucky, Montana, Nebraska, New Hampshire, and Utah.
  • The U.S. Supreme Court heard arguments in January 2026 on challenges to Idaho and West Virginia laws (cases like Hecox v. Little and B.P.J. v. West Virginia), with indications the conservative majority may uphold such bans under Title IX and equal protection grounds. A federal executive order (2025) and NCAA policy changes have also aligned with restricting women's categories to those assigned female at birth.

This man was told he could 
be a woman if that's what he
wanted to be

Pending legislation in 2026 includes dozens of sports-related bills (96 tracked so far) in various states, often seeking to codify or expand these restrictions, including definitions of sex/gender.

Around 21 states have laws or policies expressly prohibiting males from using female bathrooms, locker rooms, showers, or changing facilities in K-12 schools and/or government-owned buildings (e.g., public facilities). Some extend to private settings or add criminal penalties.

Explicit bans (often in schools/government buildings):

Alabama, Arkansas, Florida, Georgia, Idaho, Kansas, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wyoming and others with variations in the laws.

Pending legislation in 2026 includes 44+ bathroom-related bills, with some expanding to private businesses or adding enforcement mechanisms.

Drag queens roll around
on the floor
with children
while parents are
shamed for objecting

All of this because Community Standards are not only ignored, but condemned




How much of a majority does it take to make a Community Standard?

  • Rasmussen Reports / Capitol Resource Institute Poll (September 2025): An overwhelming majority opposes sexually explicit books in public school libraries.
    • 70% of voters are concerned (50% very concerned) that school-age children are exposed to sexual material that is not age-appropriate.
    • 62% believe books with explicit sexual depictions of sex acts (including homosexual sex) should not be in public high school libraries.
    • Opposition rises to 74% for middle schools and 81% for elementary schools.
    • Majorities across parties (78% Republicans, 51% Democrats, 58% independents) say it's very important for schools to fully inform parents about classroom teachings. Source: Rasmussen Reports survey of 1,212 likely voters (margin ±3%).
  • Earlier Rasmussen Reports Poll (September 2022): Similar findings with high concern.
    • 77% concerned about exposure to sexually age-inappropriate material (55% very concerned).
    • 78% of parents and 84% of grandparents believe parents should have control over books in public school libraries.
    • 70% of parents and 86% of grandparents oppose schools teaching how to perform sex acts. These results show broad bipartisan agreement on parental control and opposition to explicit content.
  • EveryLibrary Institute / Book Riot Parent Perceptions Survey (2023, updated context in 2025 reports):

    • 60% believe school libraries should restrict access by age or require parental permission for certain books.
    • 76% think parents should decide if their child accesses info on challenging topics like sex ed.
    • 85% believe some books are inappropriate for all children.
    • 95% want school libraries, but with safeguards.          

    Parents' rights should not face a barrage of legal challenges, it should be the other way around. Parents don't have to prove they have rights, the Supreme Court already did that. Schools and Libraries should have to prove that they are upholding those rights and are in compliance with the law.

    Community Standards should be the prevailing wind of common sense

    It is the legal and moral responsibility of all adults to protect all children, Parents have the Constitutional right to decide what is best for their child without deception or barriers from schools, public libraries, or politicians with an agenda.

    Having a sense of community means knowing your neighbor’s child is as precious as your own—and acting like it. Parents want to protect all children, no one is asking for anything that doesn't accomplish that goal. That's the Community Standard everywhere, for all children are to be protected.

    Parents should be able to trust that their Community IS the Standard.







    —
    URL of this page: https://safelibraries.blogspot.com/2026/03/community-standards-non-negotiable.html

    Follow On X: @patriotesse




    Sunday, February 15, 2026

    Public Library Books Instructing Children How to Masturbate on the Shelf for Kindergartners

    Request for Reconsideration Led to 
    Relocation in Children's Section 

    "Like other holes in the body, the anus
    is usually very sensitive, which means it
    can feel good to touch but can also hurt
    if we are rough with it" (p. 63)
    Sex is a Funny Word (Cory Silverberg) 

    p. 64 shows "grown up" clitoris and vulva in 
    a book in the Children's section

    The process began with a standard reconsideration request under the Hays Public Library's Objections to Books or Materials Policy. I asked for a sexually explicit book to be placed in the Adult section or in a future Parenting section. The book, Sex is a Funny Word (Cory Silverberg) was on the shelf in the Young Adult section, accessible to 9 years old and up. 

    After working through the reconsideration process, the request was denied. The Director then took action and moved it to Children's section of the library—exposing preschoolers and early elementary grade students browsing open shelves near computers and play areas to pages and pages of instructions and encouragement to masturbate, intended as sex education for children too young to read the text or understand the illustrations. 

    I appealed the Director's denial to the Board of Directors per library policy. After nearly an hour in Executive session and a statement by the Board attorney, the Board Chair asked if anyone wanted to appeal the Director's decision to place this book in the Children's section. 

    The silence was deafening

    The board denied the appeal by sitting in total silence, some looking at the table and some staring straight ahead. .By doing so, the board assumed responsibility for the new placement of Sex is a Funny Word in the Children's section at the Hays Public Library. 

    In the December meeting where I made my appeal to the Board, some members did speak up during discussion. One member asking "Why did we put this book in the Children's section?" The Director responded "That's where it is in some other libraries." The Mayor stated "How can we know which books are ok" and "maybe we need to get some professionals in here to help decide which books are ok?" In this meeting, total silence. 

    The copyright page of the book shows that the title is for ages "7-10," however there is no objective criteria that the publisher is required to follow when making that determination. The library then relies on the publisher's designation to defend placement of the book, completely ignoring Community Standards as required by Kansas law (Read more about the Policy Shell Games here) and common sense when it comes to exposing children to mature themes. 

    This was not neutral curation. The director had the option to maintain status quo by denying the request for reconsideration and leaving the book where it was. Instead, action was taken, Choosing the youngest patron section possible in total disregard for the book's content including graphic descriptions and illustrations of sexual organs, encouragement of masturbation, and presentation in a colorful illustrated format appealing to prurient curiosity for children. 

    There's more....

    It's Perfectly Normal is not normal in the Children's section
    "It's Perfectly Normal" (Robie H. Harris, Michael Emberley) is also on the shelf in the Children's section at HPL, where little kids can go right from Dora The Explorer and books about dinosaurs to looking at these illustrations alongside text that is clearly written for much older readers. 

    The text has much of the same verbiage as Sex is A Funny Word, but with even more detail and graphic descriptions of how "after a bit, a person's vagina becomes moist" and "after a bit, a person's penis becomes erect."                 

    This book in the Children's section lists different kinds of intercourse, including vaginal, oral, and anal intercourse.  The intention of       these two titles is sex education, but the placement 

    in a section where children who 

    cannot read the material negates any educational value of the materials.

    The industry standard for a child's book is 32 pages, in part because a parent has to read to the book to the child and the child's attention span is well researched and limited. "It's Perfectly Normal" has 128 pages, and Sex is a Funny Word has 157 pages. Books of this length are not typically provided for reading to a child, and both of these books are written to appeal to those above the age range for the Children's section.                                                                                                                                                                                                      

    Hays Public Library is not the only library intentionally placing books like this in the Children's section. Libraries all across the State of Kansas are placing the books in the same area and fighting to keep them there.                

    WHY?

    What does Kansas law say?

    Obscenity to Minors Under K.S.A. 21-6401

    K.S.A. 21-6401 defines "obscene" via the three-prong Miller v. California test (1973).The test looks at the whole work (not just one part). It uses local community standards (not national ones) for the first two parts.  Kansas laws (like K.S.A. 21-6401 on promoting obscenity and K.S.A. 21-6402 on material harmful to minors) build directly on this Miller test to define and regulate obscene or harmful content, especially to kids.

    Any material is "obscene" if all three prongs are met:

    (A) The average person applying contemporary community standards would find that the material or performance, taken as a whole, appeals to the prurient interest.

    What is the intention of these excerpts from Sex is a Funny Word?

    • pg 25: "Sex is something people can do to feel good in their bodies"                               → Introduces sex primarily as a source of physical pleasure.
    • pg 28: "Part of sex is feeling joy and pleasure."                                                                → Reinforces pleasure as central to sex.
    • pg 46: "If I could be naked all the time I would"                                                                 → Normalizes desire for constant nudity.
    • pg 48: "Some people love the feeling of being naked. When you are naked you can see and touch your body without clothes getting in the way."                                                  → Links nudity directly to unrestricted touching and visual pleasure.
    • pg 60: "Some nipples are sensitive, and some are not. Nipples can feel very good to touch" (with illustrations labeled kids and grown-ups)                                                       → Explicitly states that touching nipples feels "very good."
    • pg 61: "Like nipples, some people's breasts are sensitive and can feel good when they are touched" (illustrations of kids and grown-ups)                                                             → Extends pleasure claim to breasts, including children's bodies.
    • pg 62: "Like other holes in the body, the anus is usually very sensitive, which means it can feel good to touch but can also hurt if we are rough with it" (illustrations)                  → Describes anal touching as potentially pleasurable, normalizes that touching may be "rough."
    • pg 64: "The clitoris can be very sensitive, and touching it can feel warm and tingly" (illustrations of vulva/clitoris/vagina)                                                                                  → Describes clitoral stimulation as producing pleasurable sensations.
    • pg 66: "Like the clitoris, the penis can be very sensitive, and touching it can feel warm and tingly" (illustrations of penises, some erect)                                                               → Describes penile stimulation as pleasurable, with visual depictions of erection.
    • pg 107: "You may have discovered that touching some parts of your body, especially the middle parts, can make you feel warm and tingly. Grown-up call this kind of touch masturbation. Masturbation is when we touch ourselves, usually our middle parts, to get that warm and tingly feeling."                                                                                            → Explicitly defines and normalizes masturbation as a pleasurable self-touching activity.
    • pg 108: "When you were younger, you may have discovered that it felt good to touch yourself. You may have done this even when you weren't alone."                                    → Suggests masturbation can occur in non-private (that means PUBLIC) settings and feels good.
    In Summary for the 1st Prong (A)

    Taken as a whole, the book Sex is a Funny Word repeatedly frames sexual body parts and self-touching as sources of pleasure ("feel good," "warm and tingly," "very good to touch"). Illustrations of children's and adults' genitals, nipples, breasts, and anus reinforce this focus. This emphasis on sexual pleasure could be found to appeal to prurient (shameful/morbid) interest in sex. Books intended for education do not typically focus on pleasure in this way.

    B) the average person applying contemporary community standards would find that the material or performance has patently offensive representations or descriptions of:
    (i) Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy; or (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals; and..



    In Summary for the 2nd Prong (B)
    • pg 60–66: Detailed descriptions and illustrations of touching nipples, breasts, anus, clitoris, and penis, with statements that these areas "can feel very good" or "warm and tingly" when touched.
    • pg 107–108: Explicit definition and normalization of masturbation as touching "middle parts" to achieve pleasurable "warm and tingly" feelings, including the suggestion that children may have done this publicly when younger.
    • Comic Book Style Illustrations: Labeled drawings of children's and adults' genitals (penis, vulva, clitoris), nipples, breasts, and anus—some showing erection or sensitivity focus.
    The material contains patently offensive representations and descriptions of masturbation and lewd exhibition of the genitals (detailed illustrations and positive framing of touching private parts for pleasure). In Ellis County, Kansas, such explicit depictions and encouragement to masturbate in a book for very young children would likely be viewed as patently offensive. Publishers assume parental involvement or guidance during the reading or viewing of sexual education materials, which would require age-restricted check outs or placement in a Parenting section.
    (C) taken as a whole, a reasonable person would find that the material or performance lacks serious literary, educational, artistic, political or scientific value;
    (2) "material" means any tangible thing which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner;

    In Summary for the 3rd Prong (C)
    • The book is presented as educational (sex education, body positivity, boundaries), but the excerpts focus heavily on pleasure from touching genitals, masturbation, and nudity rather than purely biological or safety-focused information.
    • For the target audience of the children's section, detailed pleasure-based discussions of masturbation and genital sensitivity lack serious educational value. These passages go beyond basic anatomy into explicit arousal descriptions.
    • The illustrations of children's genitals and statements normalizing childhood masturbation ("when you were younger, you may have discovered...") could be seen as lacking serious value for very young children who could only be toddlers or Kindergartners in younger years.

    The pleasure-centric focus on masturbation and genital touching, described using words like "clitoris" and "anus" could lead a reasonable person to find that—taken as a whole—the book lacks serious educational value for children especially when considering that some of age ranges viewing books in the children's section are not old enough to read the book at all, let alone be mature enough for the content. The prurient emphasis outweighs any redeeming value for preschoolers and early elementary ages.

    Reckless = Disregard for Substantial Risk

    K.S.A. 21-6401. 

    Promoting obscenity; promoting obscenity to minors. (a) Promoting obscenity is recklessly: (1) Manufacturing, mailing, transmitting, publishing, distributing, presenting, exhibiting or advertising any obscene material or obscene device;

    (2) possessing any obscene material or obscene device with intent to mail, transmit, publish, distribute, present, exhibit or advertise such material or device;

    (3) offering or agreeing to manufacture, mail, transmit, publish, distribute, present, exhibit or advertise any obscene material or obscene device;

    (b) Promoting obscenity to minors is promoting obscenity, as defined in subsection (a), where a recipient of the obscene material or obscene device or a member of the audience of an obscene performance is a child under the age of 18 years.

    The statute requires only "recklessness"—disregarding a substantial and unjustifiable risk that the conduct will promote obscenity to minors. 

    (e) Evidence that materials or devices were promoted to emphasize their prurient appeal shall be relevant in determining the question of the obscenity of such materials or devices. There shall be a rebuttable presumption that a person promoting obscene materials or obscene devices did so knowingly or recklessly if:

    (1) The materials or devices were promoted to emphasize their prurient appeal;

    The book's repeated emphasis on how touching genitals, nipples, breasts, anus, and masturbation produces pleasurable sensations ("feel good," "warm and tingly," "very good") constitutes promotion emphasizing prurient appeal.

    With this action, the disregard for risk was obvious. The book was moved from a section for teenagers to a section for Elementary students and pre-school ages. By placing it in the Children's section rather than simply denying the reconsideration request and keeping it in Young Adult (reserving access for older minors while shielding younger ones), the Director showed knowing disregard for the substantial risk of escalated exposure to children by promoting the book to an audience even more likely to experience that prurient appeal defined in Kansas law.  The board's denial of appeal ratified this choice, showing collective disregard for the now increased risk of exposure to even younger children, including Pre-K. 

    In Ellis County—in a conservative Kansas community—graphic depictions of sexual organs and masturbation in a children's book would offend prevailing standards.

    "Educational" claims crumble for preschoolers: no serious value justifies exposing 4-year-olds to mature sexual concepts.

    Legal Definitions in Multiple Statutes 

    Support Consistent Interpretation 

    During public statement, the library's attorney stated that K.S.A. 21-6402 (Harmful to Minors) does not apply to libraries, meaning that any criminal prosecution could not use that statute as a basis. That is correct, however a more protective and productive clarification would have included the overlap in definitions with K.S.A. 21-6401.  

    The definitions in the Harmful to Minors statute (K.S.A. 21-6402) overlay heavily with the Promotion of Obscenity to Minors statute (K.S.A. 21-6401) and help interpret what counts as prohibited content under the broader, non-commercial latter statue that does apply to libraries. By disregarding the intention and spirit of the legal definitions included in K.S.A. 21-6402, the attorney may have missed an opportunity to educate the Board and Director, as well as the public, regarding the statute that shares those definitions and the policy requirements in following the law with regard to promoting obscenities to minors. 

    K.S.A. 21-6402's definitions flow into K.S.A. 21-6401's analysis—helping establish that content like these books about masturbation and genital-pleasure sections could be "obscene" for younger ages in a non-commercial setting like a public library. That overlap strengthens any recklessness argument under 21-6401(b) and weakens the library's conditional defense if policies don't adequately restrict access.

    The shared concepts are almost identical: prurient appeal, patently offensive sexual depictions (including masturbation and lewd exhibition of genitals), and lack of serious value. Material that are obscene under 21-6401 (full Miller test) will always qualify as "harmful to minors" under 21-6402's variable standard (inspired by Ginsberg v. New York).

    Courts interpreting K.S.A. 21-6401 can look to 21-6402's definition as persuasive guidance for what Kansas considers "patently offensive" or lacking value to minors. The explicit pleasure-focused language and illustrations of sexual organs in the excerpts (e.g., masturbation defined as touching "middle parts" for "warm and tingly" feelings, genital sensitivity resulting in sexual pleasure, public masturbation) make it easier to argue that Sex is a Funny Word and It's Perfectly Normal meet K.S.A. 21-6401's stricter obscenity test when made accessible to young children.

    No one has to prove it would harm small children to see these books

    Kansas courts have never required "scientifically certain" proof of harm for such laws to apply, in line with Ginsberg v. New York, 1968.  A reasonable belief in risk suffices. Placing explicit material in the Elementary school section ignores that risk entirely and robs parents of any choice over what their children see at the public library.

    The policies of the library make it very difficult for parents to exercise the responsibility they are entitled to, both in the Community and by law. 

    The library policy states that children younger than 9 years old must have a parent or legal guardian present, but that means that a daycare provider can bring in 5 or 6 children under the age of 8 after school and it's not realistic that one adult can see what the children are seeing when excitedly browsing through books, expecting turtles flying space ships but seeing a drawing of erect penis instead. 

    The Public Library policy is that all ages have access to all materials, because to do otherwise would be censorship, but that's not accurate

    In Ginsberg v. New York, 390 U.S. 629 (1968), the U.S. Supreme Court upheld a New York law which established the concept of "variable obscenity"—material can be regulated differently for children than for adults. The ruling affirmed the state's power to protect minors' welfare and support parental authority in child-rearing, without invading protected First Amendment expression for adults or minors in a way that amounts to censorship.

    The Court held that the restriction was constitutionally permissible because it targeted only minors and did not interfere with adults' rights to obtain or distribute the material.

    In short, the case stands for the idea that narrowly tailored limits on minors' access to sexually explicit (but not fully obscene-for-adults) material are not impermissible censorship—they serve compelling state interests in child protection. This reasoning has influenced later laws on "harmful to minors" materials, including in Kansas where the definitions of obscene materials in K.S.A. 21-6401 Promotion of Obscenity to Minors are cross-referenced with K.S.A. 21-6402 Harmful to Minors


    Why are these books in the Children's section?

    If a book is in a section where the children are too young to be educated by it, and it's not censorship to move it, why is it there?

    Moving books with illustrations of sexual organs and descriptions of sexual activity to a parenting section would show the library's commitment to:

    • Alignment with Parental Authority: The U.S. Supreme Court in Ginsberg v. New York (1968) affirmed that "parents' claim to authority in the rearing of their children is basic in our society" and that states (and by extension, public institutions) may enact reasonable measures to support parents in discharging that responsibility (390 U.S. at 639). The Court emphasized that while ideal supervision of children's reading is left to parents, "the knowledge that parental control or guidance cannot always be provided and society's transcendent interest in protecting the welfare of children justify reasonable regulation" (id. at 640). Variable standards for minors' access to sexually explicit materials are not censorship but a way to reinforce parental discretion.
    • Practical Support for Existing Policy: Hays Public Library's Parent’s Guide and Service Policy already place responsibility for guiding children's exposure on parents/guardians. Moving the books to a Parenting section (Adult) would allow parents to be more responsible for what their children view in the library and prevent accidental access which opens the library up to scrutiny in application of obscenity standards by Kansas law. 
    • Community Standards and Precedents: In Ellis County and similar Kansas communities, concerns about young children's unsupervised access to explicit illustrations (e.g., couples in sexual positions or pleasure-focused descriptions of genital touching) are common. Other libraries have successfully implemented similar relocations, restricted access, or parental-consent mechanisms for sensitive topics without violating intellectual freedom principles. Moving sex education books to a Parenting section maintains open access while addressing developmental appropriateness for children, consistent with expert guidance on delaying detailed sexual content.
    • No Impact on Intellectual Freedom: The books would not be removed, restricted for adults/older patrons, or labeled as "banned." This respects the Library Bill of Rights while honoring the Court's view in Ginsberg that such targeted supports for parents are constitutional and beneficial.
    If the books are supposed to be educational, then they must be kept in a Parenting section where parents can decide at what age their child is ready for that topic.   
                              
    Parents should be able to trust the library, not have to fight to protect their kids from it. 

    "Constitutional interpretation has consistently recognized that the parents' claim to authority in the rearing of their children is basic in our society, and the legislature could properly conclude that those primarily responsible for children's wellbeing are entitled to the support of laws designed to aid discharge of that responsibility." Ginsberg v. New York P. 390 U. S. 639.

    These books would not be considered offensive in a Parenting section where parents could decide when their child is ready for this information and images or the promotion of masturbation and sexual activity. In the Children's section, they are highly offensive and without any educational value because of the misplacement with regard to ages served in that area. 

    Parents don't have to prove to the Library Board of Directors that the materials are offensive. The Library Board has to prove to parents that the library can be trusted to protect parent's rights to decide when their child is exposed to sexual materials. 

    Kansas libraries are taxpayer-funded public institutions. Parents entrust them to actively protect children's moral development. Parents expect to exercise their own rights to decide what sexual materials their children will see and when they will see them. 

    It defies common sense that books written and illustrated the way that these books are would be purposely placed in view of young children under the guise of "education" when many of the kids in that age group can barely read, and others are not old enough to read yet at all. 

    It's not about whether a court of law would determined if the materials fail the Miller test. It shouldn't come to that, and it wouldn't come to that if Community standards were respected or even considered at all. 

    When boards and directors completely disregard the exposure of young children to sexual materials—especially after formal challenge—they don't potentially violate just the statute, but the trust of families and the community as a whole. 


    Sources cited:

    Objections to Books or Materials Policy

    Obscenity to Minors Under K.S.A. 21-6401

    K.S.A. 21-6402 (Harmful to Minors)

    Roth v. United States, 1957

    Miller v. California, 1973)




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