Welcome to the Burgess Library

Title 16 – Crimes and Offenses

Chapter 3 – Offenses Against Morality and Decency

Article 3 – Obscenity, Material Harmful to Minors, Child Exploitation, and Child Prostitution

Section 16-15-305 (H3706) – Disseminating, procuring, or promoting obscenity unlawful; definitions, penalties; obscene material designated contraband

Section 16-15-375 (H3826) – Definitions applicable to Sections 16-15-385 through 16-15-425

Section 16-15-385 (H3826) – Disseminating harmful material to minors and exhibiting harmful performance to minor defined, defenses, penalties

SC H3826 & S0506: Protection of Minors from Pornography and Obscenities Act

Changes state obscenity laws (16-15-375 and 16-15-385) and what is considered “harmful to minors”

Substantially changes state version of Miller Test

Miller Test = Primary legal test for determining whether expression constitutes obscenity (Miller v. California, 1973)

Whether the average person applying contemporary community standards would find the work, taken as a whole, appeals to the prurient interest

Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law

Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value

SC H3706: Protection of Minors from Pornography and Obscenities Act

Amends the law (16-15-305) to prohibit advertising and promoting anything deemed obscene

Defines the term “profane language”

Miller Test impact: Parts of materials or performances can be considered obscene, not just the whole

Changes

Changes to Miller Test

Replaces “taken as a whole” with “any part”

Removes exemption for materials or performances with “literary, artistic, or political value”; scientific value only

As a result, undermines U.S. Supreme Court precedent

Additional Changes

Adds definition for “profane language”

“…language or gestures communicated in any form or manner that, in context, depict or describe sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards”

Removes exemption of materials that “[consist] entirely of written words”

Removes exemption for museum, public, school, college, or university libraries and their employees, i.e., their employees can be liable for dissemination of materials harmful to minors

SC H3827/S0424
SC Integrity in Education Act

Provide students in state-funded places of learning with an education focused on excellence and integrity

Equip students to think independently and critically

Support educators by maintaining a learning and work environment unencumbered by social or political activism

Treat students and employees of schools with dignity as unique individuals without stereotyping or scapegoating

Provide instruction free from ideological indoctrination or coercion

Foster and defend intellectual inquiry and freedom of speech as well as freedom from compelled speech

Protect the privacy and innocence of children and guard them against obscene and mature materials

Respect the rights of parents as their child's decision-makers for health and well-being, including emotional and sexual development

Defer to parents as their child's primary source of moral and social values

Allow parents to opt out of activities that violate this act

Establish a clear protocol for reporting violations and allowing local entities to address and correct issues

 Require privacy and nondisclosure during the investigation process

Require clear distinctions between the teaching of theory and fact

Require full transparency of curricula

Bills have been referred to legislative committees

H3826 – House Committee on Judiciary (01/26/2023)

S0506 – Senate Committee on Judiciary (02/08/2023)

H3706 – House Committee on Judiciary (01/17/2023)

H3827 – House Committee on Education & Public Works (01/26/2023)

S0424 – Senate Committee on Education (01/19/2023)

The Judiciary Committee may be the best place for consideration of H3286 and H3706

Use LegiScan and copy/paste the bill number into the search area on the left side of the page.

 “The right of library users to read, seek information, and speak freely as guaranteed by the First Amendment” (American Library Association)

 “The First Amendment’s right to freedom of expression encompasses intellectual freedom, which includes an individual’s right to receive information on a wide range of topics from a variety of viewpoints” (First Amendment Encyclopedia)

Not acting “in loco parentis” (in place of parents)

“Recognizing that libraries cannot act in loco parentis, policies which set minimum age limits for access to videotapes and/or audiovisual material and equipment with or without parental permission abridge library use for minors. Nevertheless, ALA acknowledges and supports the exercise by parents of their responsibility to guide their own children's viewing, using published reviews of films and videotapes and/or reference works which provide information about the content, subject matter, and recommended audiences.” (American Library Association, 53.1.13)

Freedom to Read

Freedom to View

South Carolina Association of School Libraries (SCASL)

Very active; has met with relevant legislative committees

In contact with American Library Association (ALA) Office of Intellectual Freedom and Public Policy & Advocacy Office

ALA concern over negative reaction to national organization involved in state legislation

South Carolina Library Association (SCLA)

Organization does not have a lobbyist or a strong administrative staff

Librarians & staff do most of the work

Complications for libraries/library workers that receive state funding

Has an active Advocacy Committee with USC Upstate representation

In communication with ALA Office of Intellectual Freedom and Public Policy & Advocacy Office

SCLA has contacted members of the House Judiciary Committee

Messaging campaign to be instituted if bills move out of committee to legislative calendar

Limited discussion among officers of College & University Section, SCLA

USC System Faculty Leadership Council

USC Upstate Library representation

Discussion with U of SC lobbyist

Library dean-to-dean discussions

Have spoken with my counterpart at Wofford College; sharing ideas, information, and approaches

Further outreach planned to Converse, Furman, SCC, Lander, Greenville Tech, et al.

Upstate members only:

John Richard C. King (D), York, District 49

Jason Elliott (R), Greenville, District 22

Brandon Guffey (R), York, District 48

Rosalyn D. Henderson-Myers (D), Spartanburg, District 31

John R. McCravy III (R), Greenwood, District 13

Travis A. Moore (R), Spartanburg, District 33

Upstate members only

Wes Climer (R), York, District 15

Rex F. Rice (R), Pickens, District 2 (Bill sponsor)

Scott Talley (R), Spartanburg, District 12

Josh Kimbrell (R), Spartanburg, District 11 (Bill sponsor)

Richard J. Cash (R), Anderson, District 3

Dwight Loftis (R), Greenville, District 6

Billy Garrett (R), McCormick (includes Abbeville, Greenwood, and Saluda counties), District 10

Michael Johnson (R), York, District 16 (Bill sponsor)