What Fayetteville v. Murray Means for Arkansas Libraries and How to Take Action

By Amelia N. Aldred, Deputy Director of State and Local Advocacy and staff lead to Unite Against Book Bans at the American Library Association.

On July 2026, the Eighth Circuit Court of Appeals cleared the way for Act 372, a law that promotes censorship in libraries and other places, to go into effect. This is part of an ongoing lawsuit Fayetteville Public Library v. Murray that challenged sections of Act 372. Here are the facts about Act 372, the Eighth Circuit Court decision, and how advocates can support libraries and library workers in Arkansas.

What is Act 372 and how does it promote censorship?

Act 372 is a law passed in Arkansas in 2023. Section 1 of the law states that it is a crime to “furnish a harmful item to a minor.”

Public and school libraries are already not allowed to have illegal obscene materials. However, Section 1 of Act 372 goes beyond these existing laws and adds new and unclear rules about what else can be restricted. Words like “harmful” and “inappropriate” mean different things to different people and could be applied to science books, Shakespearean plays, and other materials that are constitutionally protected. The law’s definition of “furnishing” is also unclear and confusing. For example, the law says that “furnishing” could mean presenting, providing, making available, or showing something to a minor. “Making available” is especially unclear and could be interpreted to mean simply having a book on a library shelf in an adult section, even if no one gives it to a minor.

Additionally, an Arkansas court decision already stated that “harmful to minors” may be assessed according to the youngest readers. This could allow Act 372 to restrict materials that older minors have a constitutional right to access.

Along with the confusing language, Section 1 as written includes all people in Arkansas, not just library workers, and could be applied to private homes and businesses. The fuzzy language opens the door to censoring Arkansas residents in their own homes. For example, could having a romance novel or book about lifelong health on a bookshelf in a family home be considered “making available” a “harmful item” to a minor?

Similar to Section 1, Section 5 of Act 372 uses vague terms such as “appropriateness” as the grounds for censorship, including relocating materials to an “adults-only” section. The term “appropriate” doesn’t have a legal definition and parents have different standards for what is appropriate for their children and teens to read. For example, one parent may choose not to read books with any reference to violence to their children, including books about historical events like the American Revolution or World War II. Another parent may choose to read books about these topics that were written for specific age groups, such as reading a picture book about D-Day or the Boston Tea Party to their kindergartener. Moreover, many parents consider what is “appropriate” for their seven-year-old still sounding out words to be different than what is “appropriate” for their seventeen-year old who is a year away from being able to legally vote, join the military, or get married.

For library workers in Arkansas, the vague language in Section 1 and Section 5 creates uncertainty across the state. According to this language, librarians could risk criminal sanctions if a minor simply walks by a shelf in the adult section. Similar laws in other states, such as Idaho, have resulted in small and rural libraries becoming adults-only because the size prohibits the library from separating adult books to be out of the accessible range of minors. Act 372 opens the way for age-based discrimination and creating “18 years+” libraries or sections of libraries, in which older minors can’t access materials that are legal and protected, but are “inappropriate” in the opinion of a few people.

What did the Eighth Circuit Court of Appeals do and how does this affect libraries?

Given the issues with Act 372, it’s no surprise that a group of concerned publishers, booksellers, authors, library associations, libraries, library workers, and library users challenged Sections 1 and 5, saying they were unconstitutionally vague and overbroad. They were concerned that Act 372 would force Arkansas libraries to create and monitor “adult-only” sections and lead library workers to censor materials over fear of criminal charges. The lawsuit challenging Act 372 is Fayetteville Public Library v. Murray.

The plaintiffs in this case challenged the law before it took effect. This is called a “facial” challenge. A facial challenge asks a court to stop an unconstitutional law before it can be enforced. However, courts sometimes reject these cases and instead wait for “as-applied” challenges. “As-applied” challenges are filed after the law has taken effect and violated people’s constitutional rights. For example, if a seventeen-year-old in Arkansas sued because she could not access constitutionally protected AP English materials at a public library because those materials are considered “adult-only,” that could be an “as-applied” challenge.

In December 2024, the U.S. District Court for the Western District of Arkansas agreed with the plaintiffs and found that the act was unconstitutionally vague, permanently stopping the state from enforcing it. However, the Eighth Circuit reversed the lower court’s decision on July 30, 2026, which clears the way for enforcing all of Act 372.

One important point is that the Eighth Circuit Court of Appeals ruled that Section 1 is constitutional but did not rule on whether Section 5 is constitutional. Instead, the court decided that the plaintiffs did not have the legal right, or “standing,” to challenge that part of the law. However, the court left the door open for community members to challenge Section 5 in the future. This means that if Section 5 is enforced and someone believes it violates their constitutional rights, they could still bring a legal challenge based on how the law is applied.

What does this mean for Arkansas libraries?

Silent censorship is the most immediate danger for Arkansas libraries and communities. Silent censorship happens when, instead of taking books out of libraries, the books are never included in the first place. Even though Act 372 has not yet gone into effect, many library workers and administrators may choose to remove from books from shelves and displays and or avoid buying new materials out of fear that they would be challenged for being “inappropriate.”

This type of silent censorship, also called “the chilling effect” because people’s freedom to speak and access information are being repressed, prevents community members from accessing a wide range of viewpoints and stories and takes away the right for families to choose what they want to read. Although some people can afford to buy all the books they want online or at a bookstore, not everyone has internet access, a nearby bookstore, a credit card, or the budget to buy all the books their family wants to read. When books are removed, restricted, or silently censored from public places, that limits our freedom.

Once Act 372 goes into effect, many libraries, especially small and rural libraries, will struggle to interpret the law and to figure out how to both comply with the law and preserve library users’ First Amendment rights.

Because the law is written so vaguely and includes criminal penalties for not following it, we are already seeing its chilling effect in Arkansas libraries. Libraries are left guessing how the law will be enforced, and as a result, they are responding in very different ways. Some libraries are blocking minors from all adult collections. One library has blocked access to all manga, anime, and graphic novels. Others are considering not allowing minors into library buildings at all. As a result, Arkansas residents may have different access to libraries and legally protected materials depending on where they live.

How can you support Arkansas libraries and library workers?

If you are concerned about the Eighth Circuit decision and its impact on access to information in Arkansas libraries, you can help in several ways.

If you live in Arkansas:

Be vigilant. Know what’s going on in your libraries, bookstores, and other local information sources. The scope of this law stretches beyond libraries. It could impact booksellers, educators, and anyone who “furnishes” information to minors.
Write a letter to your local library letting them know that you support the right to read and support library workers upholding the First Amendment. Knowing that they are not alone and have the support of their community makes a difference.
Let your Arkansas lawmakers know that you support the right to read and condemn laws that threaten access to information.
Join (or start) a local friends of the library group, show up for local government meetings, run for a library board or school board, or donate to the Arkansas Library Association, the Arkansas Right to Read Project, or other organizations protecting the freedom to read in your state.
If materials are being censored in your library, contact the Arkansas Intellectual Freedom Helpline or reach out to the Arkansas Library Association.
If you are a library worker or know a library worker looking for information about the Eighth Circuit Court decision, the Office for Intellectual Freedom at the American Library Association has published a free downloadable explainer for library workers on the Eighth Circuit Court decision, including recommendations for what to do and not do.

If you live in anywhere else:

Let your lawmakers know that you support the right to read and condemn laws that threaten access to information.
Join (or start) a local friends of the library group, show up for local government meetings, run for a library board or school board, and donate to the American Library Association and other organizations working to support libraries and library workers across the nation
Support right to read legislation in your state. This legislation has the potential to protect library collections and the people who work to maintain them.
Join Unite Against Book Bans to get involved and learn about ways you can support your library and defend your freedom to read.