Obscenity Exemption Laws (OELs). What are they? These are laws in many states codes which exempt bona fide schools, public libraries, and museums from legal liability if they offer/show pornographic material to minors (under 18). West Virginia has one of these laws. The idea behind it was to allow sexual education in K-12 schools and freedom of expression in the libraries and museums. Unfortunately many wicked people have taken advantage of this shield and are protected as they give obscene/lewd/nude material to children. They proudly fly the “rainbow” banner of LGBTQetc activism. I’ve heard them be called the “rainbow brigade,” because of how vicious many of them get when defending the corruption/grooming of children. All they have to do is claim that it’s “educational” or “artistic” and the law covers them.
A couple remedies to this state’s OEL are being offered in the WV legislature right now, in the form of House Bills 4654 (Sponsored by Delegate Steele) and 4011 (Sponsored by Delegate Chiarelli). I will include links to both bills under this article.
House Bill 4654, if passed, would remove the legal protection from all the bona fide schools, libraries, and museums in the state. This is optimal, but it likely pushes too far too soon because there will be immediate challenges to it.
-First, opening up libraries and museums to lawsuits over these topics would be seen as censorship. Restricting artists and authors from offering their material to the public via museums and libraries could be seen as suppression of free speech. No, I am not saying that the first amendment protects child groomers who intentionally corrupt kids through obscene material. What I’m saying is that there are, many feel, legitimate forms of artistic expression that contain such obscene content and the creators themselves never intend for children to access them.
-Another reason it could be seen as censorship is that the parents and guardians of the children are responsible for and capable of keeping their children out of libraries and museums with content they don’t want their children around. They can simply prevent their kids from going around the material.
-Lastly, those teaching health classes in the K-12 schools could be liable while teaching legitimate education to children about biological human reproduction.
As conservatives, but especially as Christians, we want the children of our communities to be protected from spiritual and psychological harm that happens from being exposed to this content. Knowing that our tax dollars pay for this stuff in K-12 schools and in public libraries is, in my opinion, incentive enough to take political action to restrict it from minors. But it makes more sense to force these entities to, instead, restrict the content from the hands of children while still offering it to adults. Bookstores and video rental stores have been doing this for decades by restricting kids from the “adult sections,” so all we want is for the others to do the same. This bill is unlikely to be well received. Please consider emailing Delegate Steele with suggestions on rewording it.
House Bill 4011, however, could very well work. This bill changes wording of the state code so that K-12 schools and libraries are no longer protected when giving obscene materials to children. But it is written in such a way that schools are still able to teach local and state approved science or health curriculum that teaches only biological reproduction.
-Obviously challengers to this bill would not want a total ban on the public libraries. So some resistance would be met there, but we can ask Delegate Chiarelli to edit this part of the bill.
I cannot think of any other objections to this bill aside from those in the K-12 schools, and some liberal parents, wanting to continue teaching kids ideological LGBTQetc topics. Such objections we can just ignore, because banning the teaching of ideology in K-12 schools (especially when it pertains to SEX) is one of the primary goals of the bill. This bill is likely to be well received. Let’s do it.
Be bold as lions!
HB 4654 👇
HB 4011 👇
2 responses to “Altering the Obscenity Exemption Law in West Virginia”
There are also groups in Charleston and Parkersburg focused on this issue.This reflects the Charleston group’s thinking right now.
None of the bills I am aware of address all the needs. Very likely, additional work will have to be done to any bill being written, in committee, or awaiting a vote.
If you know of any bill that hits all these realities, it should be backed by all who want Obscenity out of WV Schools and Libraries.
Feel free to call. 🙂
GREAT NEWS IN THE FIGHT TO KEEP OBSCENITY FROM OUR WV KIDS !!
HB4654…
Which removes the exemptions that permits WV schools and libraries to put obscenity in front of WV kids, is going to the Judiciary Committee.
Below is the link that gives access to the Bill’s actual text.
https://www.wvlegislature.gov/Bill_Text_HTML/2024_SESSIONS/RS/bills/hb4654%20intr.pdf
WE NEED TO DELUGE OUR ELECTED REPS WITH PHONE CALLS, EMAILS, LETTERS AND PERSONAL VISITS IN SUPPORT OF THIS BILL !!
WE HAVE BEEN INFORMED THE ENEMY OPPOSING THIS BILL IS ALREADY POUNDING THE HOUSE JUDICIARY COMMITTEE !!
ASO, MORE WORK IS NECESSARY ON THE PROCESS THAT MUST WORK IN CONJUNCTION WITH THIS BILL…
1) Parent’s (or the children’s Legal Caretaker’s) access must be insured to their kid’s schools to look at and challenge, for review, what is already in our WV Schools and Libraries and what will be coming in the future.
2) A committee, in conjunction with the WV State Board of Education, will need to be created, to review and rate as Obscene or not, the books that the parents have called out. The decisions of this committee would apply to all the books of the same author and title in the state. The make up of this WV State Bd of Ed committee would have to reflect the values and ideologies, proportionately, of the Parents and Legal Caretakers of kids in the State of WV.
3) Books determined to be Obscene would need to be either stored in an area secure from all minors or removed from schools and libraries.
4) If WV Teachers/Librarians/Administrators would choose to ignore the decisions of the WV State BOE Parents/Legal Caregivers committee reviewing and rating the books, then each individual would be warned the 1st time; the result of subsequent individual disregard of the committee’s findings would be that ‘WV Code 61 8 A 2’ would be applied.
5) A compromise could be created which forbids Middle School and younger kids any access to materials determined to be Obscene by that WV State Bd of Ed Comm, but permits access by High School kids via WRITTEN APPROVAL (which would be maintained on file), from their Parents/Legal Caretakers.
6) Human Sexuality and Physiology classes (focusing on FACTS, not feelings and desires) should be available in Middle and High Schools (appropriate to grade), with parental oversight.
7) It must be codified that there is no basis, ever, for any material that might be considered Obscene in any way to be found to have sufficient serious literary, artistic, political or scientific value to justify it being displayed to minors.
8) In this debate over Obscenity…It must be a given that the minimum threshold for materials or books to be classified as Obscene, is MUCH LOWER for minor children than adults.
Thanks for the feedback and for being in the fight to protect WV kids! If you know of any people or groups we can network with, please let them know about us. And contact us with their any information they’re willing to share.
Peace!