What Is Arkansas Act 372 and Is It Still in Effect?

Arkansas Act 372 of 2023 is a state law that rewrote parts of Arkansas’s obscenity statutes to focus on how libraries handle material that could be considered harmful to minors. It is partly in force. Three of its five sections remain enforceable, and the two that drew the most public attention — a new criminal offense for furnishing a harmful item to a minor and a book challenge process that would have let elected officials decide where library books belong — were permanently blocked by a federal court in December 2024. The state has appealed, and the case was pending before the Eighth Circuit Court of Appeals as of late 2025.

The Five Sections of Act 372

Act 372 is not one rule but five separate amendments to Arkansas law. Keeping them straight matters, because the court’s ruling only touched two of them.

Section 1 created a new criminal offense called “furnishing a harmful item to a minor,” a Class A misdemeanor. Permanently enjoined. Cannot be enforced.
Section 2 narrowed the longstanding exemption that shielded librarians, school employees, and museum staff from obscenity prosecution when acting within their regular duties. In effect.
Section 3 amended the state’s obscenity distribution statute to add “loans at a library” to the list of prohibited distribution methods. In effect.
Section 4 required school districts to adopt a written process for challenging materials in school media centers, including a review committee and an appeal to the school board. In effect.
Section 5 created a public library challenge process that ultimately gave elected officials final authority over disputed books. Permanently enjoined. Cannot be enforced.

The Blocked Criminal Offense in Section 1

Section 1 would have added a new provision to the Arkansas criminal code at § 5-27-212, making it a crime to knowingly furnish a “harmful item” to anyone under 18. The definition of “item” was broad, covering books, magazines, photographs, films, recordings, digital transmissions, and live performances or exhibitions depicting nudity, sexual conduct, sexual excitement, or sadomasochistic abuse. A person could violate the statute by furnishing, presenting, making available, lending, showing, or distributing such an item to a minor, or by transmitting one electronically to someone the person believed to be a minor in Arkansas.¹

Arkansas law already prohibited distributing obscene material to minors before Act 372. What Section 1 changed was the standard. It shifted from “obscene” — a high legal bar — to “harmful to minors,” a broader category. It also stripped the longstanding protection librarians and booksellers had from prosecution when acting within the scope of their jobs.²

U.S. District Judge Timothy Brooks of the Western District of Arkansas found Section 1 unconstitutionally vague, concluding that it did not give librarians and booksellers specific enough criteria to know what conduct could lead to prosecution. His permanent injunction, issued in December 2024, bars the state from enforcing the section.²

The Blocked Library Challenge Process in Section 5

Section 5 would have created a new procedure for members of the public to challenge materials held by county or municipal libraries. A patron would first raise an objection with a librarian, then submit a formal request for reconsideration. A committee of library staff selected by the head librarian would review the book in its entirety and vote publicly on whether to keep it where it was shelved or move it to an area inaccessible to minors.¹

The provision that drew the lawsuit was what happened next. If the challenger disagreed with the committee, the appeal went to the elected officials of whichever government body provided the most funding to the library, typically the county quorum court or the city council. Those officials had final authority to decide whether a book was “appropriate,” with no defined criteria and no requirement that they read the book first.³ Judge Brooks concluded that this structure gave elected officials unrestricted discretion over content and viewpoint with no compelling governmental purpose, and permanently enjoined the section.

What Still Applies: Sections 2, 3, and 4

The ruling was narrow. Only Sections 1 and 5 were challenged and blocked. The other three sections were never part of the lawsuit and are enforceable Arkansas law today.

Section 2 narrowed the shield that Arkansas Code § 5-68-308(c) had previously given librarians, school employees, and museum staff against obscenity prosecution. The amended provision still references a defense for employees acting within their regular duties, but it is narrower than the pre-2023 version.¹

Section 3 amended § 5-68-405, the statute covering possession, sale, and distribution of obscene material. It added “loans at a library” to the list of distribution methods that can trigger prosecution. Under the amended law, knowingly distributing or loaning obscene material at a library is a Class D felony. Simple possession of obscene material remains a Class A misdemeanor.¹ The key point is that Section 3 uses the “obscene” standard, which is a higher bar than the “harmful to minors” standard the court struck down. Material must be obscene by adult standards, not merely unsuitable for children.

Section 4 amended Arkansas Code § 6-25-105 to require every school district to adopt a written policy for handling challenged materials in school media centers. The mandated process includes a conference with a media center employee, a formal written request for reconsideration, a review committee, and an appeal to the school board.¹ This school-level process survived because no one sued over it.

The practical takeaway for library and school staff: the surviving sections still carry legal exposure, particularly Section 3’s felony provision for knowingly loaning obscene material at a library.

Act 372 Is Not the Drag Show Law

Act 372 is often confused with Act 131 of 2023, a separate law passed during the same legislative session. They do different work. Act 372 governs library materials and the criminal liability of people who provide content to minors. Act 131 governs live performances.

Act 131 defines “adult-oriented performance” as a performance intended to appeal to prurient interest that features nudity, partial exposure of specific anatomical areas, prosthetic genitalia or breasts, or specific sexual activity. It prohibits those performances on public property, bars minors from attending them, and prohibits the use of public funds to support them.⁴ If you’re looking for the Arkansas law that restricts drag shows or adult entertainment on public property, that is Act 131, not Act 372.

Status of the Eighth Circuit Appeal

The State of Arkansas appealed Judge Brooks’s permanent injunction to the Eighth Circuit Court of Appeals. As of October 2025, the appellate court had heard arguments from both sides, with the plaintiffs arguing that the enjoined provisions “suppress fundamental rights.” No final decision from the Eighth Circuit had been issued. Until the appellate court rules, Sections 1 and 5 remain permanently enjoined and unenforceable. If the Eighth Circuit reverses the lower court, those provisions could take effect, potentially prompting further appeal to the U.S. Supreme Court.

1
Arkansas State Legislature. Arkansas Act 372 of 2023 – Libraries and Obscene Materials
2
Democracy Forward. Summary Judgment Order – Arkansas Act 372
3
Arkansas Senate. Legislature Enacts Measures to Protect Children
4
Arkansas State Legislature. Arkansas Act 131 of 2023