In the spring of 2023, a new law in Arkansas was passed that would charge booksellers and librarians as criminals for providing “harmful” materials to minors. Like many of the laws of its kind being passed across the south, the goal was to strike fear into booksellers and librarians so they would self-censor what they carry. And like many of the same laws, it was vaguely written and broadly sweeping, unclear about what the exact legal obligations of booksellers and librarians would be under the law.

In response, the Central Arkansas Library filed a lawsuit challenging the law. Wordsworth Books in Little Rock was initially approached to join the lawsuit in April of 2023. Co-owner Kandi West said they were already aware of the law and were concerned. “The political climate in our state is such that the legislation was really focused against libraries and librarians. There had not been really anything targeted at the bookstore environment; however, the way this legislation was written was vague and the language was such that if anyone decided to use it against a business, they definitely could,” West said.

West and her co-owners met with the Central Arkansas Library director to discuss Wordsworth’s involvement in the case. Joining the case was a scary proposition, as the bookstore had no idea what the community response would be or whether they would be targeted. Ultimately, co-owners West, Lynne Phillips, and Lia Lent agreed that if there was something they could do, it would be worth taking the risk. Wordsworth then reached out to Pearl’s Books in Fayetteville to invite them to join the suit as well.

Co-owner of Pearl’s Books Daniel Jordan said, “I was concerned about our staff and what it might look like to be so publicly involved in a hot button issue. However, we only experienced customers and strangers congratulating and encouraging us for our involvement.”

The library’s counsel offered to represent the bookstores pro bono, and a firm in New York who has experience in similar cases offered to represent the bookstores as well. The two legal teams discussed and ultimately decided it would be best for the parties to have separate counsel. Once the counsel was official, Wordsworth co-owner Lynne Phillips emailed the advocacy team at the American Booksellers Association, who quickly responded the same day. The ABA then stepped in and helped the bookstores plan for what would happen next, including aiding the bookstores with prepping for how to answer questions from the press, both in writing and in person. They also helped with FAQs about the case, what to expect from social media bots, and protecting bookstore staff from harassment. West said one of the most useful recommendations from the ABA was for the stores to take down any reference to specific staff members from their websites and social media, which they did before the lawsuit was officially filed.

West said customers of Wordsworth were supportive of their efforts, with many calling or coming into the store to ask how they could contribute financially to the legal efforts. They received online orders from around the country from people who wanted to show support. They even received handwritten letters, one from a teacher in the northeastern part of the country who included support from her students.

The time between the lawsuit being filed and the initial decision was only a few months. In July of 2023, a judge issued a preliminary injunction against the law that was to go into effect August 1. It then moved forward for a permanent decision, which took more than a year. During this time, the bookstores wouldn’t hear anything for a long period of time, then they would be asked for specific information. According to West, their time spent on the lawsuit was negligible. One thing they were asked to do was to prepare a list of books they had in the store that would be appropriate for an older minor but not appropriate for a younger one. A main defense of the case was that books cannot be vaguely labeled as appropriate or not for a minor because a seven-year-old does not read the same books as a seventeen-year-old. Most of the books the bookstores provided for the list were on high school English curriculums. They highlighted that many of the books being targeted were classics.

Finally, in December of 2024, a federal judge struck down key parts of the law, finding that elements were unconstitutional. In his ruling on the case, U.S. District Judge Timothy Brooks wrote, “The law deputizes librarians and booksellers as the agents of censorship; when motivated by the fear of jail time, it is likely they will shelve only books fit for young children and segregate or discard the rest.” 

West said the publicity from the lawsuit piqued their community’s interest in banned books. They were repeatedly asked where the “banned books” shelf was in the store and about what books were banned. West said, “It allowed us to begin educating our customers when they asked these questions. We also started a book club at the store that only reads books that have been challenged. When they hear that a book is on a banned books list, they are confused as to why they are still able to purchase the book or why their child is still assigned to read it in school.  And the most asked question is always ‘but WHY is it banned?'”

Jordan said they are extremely grateful to Wordsworth for inviting them to be involved. “I am so so thankful that we are part of a community of folks fighting for literacy and free expression,” he said.

Lynne Phillips, co-owner of Wordsworth Books, said, “I do think that there was strength in numbers - being a part of the suit with library systems, other bookstores, and individuals made it a lot easier to stand up against the censorship in the bill. This was an opportunity for us to truly stand up for what we believe in, and I am proud that WordsWorth was a part of this and grateful  to have had so many strong partners.”

When asked what their advice would be for stores facing similar banned book laws, West said the best advice she can give is for stores to partner with other stores and organizations and tackle the issue together. She said to look for like-minded people with power and influence in your community and ask those people for help and/or direction. Jordan agreed with that advice and added that contacting the ABA as soon as possible for help and support is crucial. They can also help stores decide if joining a lawsuit is appropriate for your specific situation. Banned book laws are all fairly similar, however, they differ from state to state, and sometimes a bookstore’s involvement could have more negative consequences.

1/29/2025: Arkansas Attorney General appealed the decision the judge made in the banned books case. The case will go to the 8th U.S. Circuit Court of Appeals, based in St. Louis.

If you’re interested in how to fight book banning in your community, you can visit our Banned Books resources page on Sibaweb.com and download our Banned Books Toolkit. You can also read about how a Louisiana coalition fought against book banning.