Obscene Material Story Archives - West Virginia Public Broadcasting

Libraries, Obscene Matter Bill Debated In House

Right now, public and school libraries and museums have exemptions to West Virginia’s law against displaying or disseminating obscene material to minors. House Bill 4654 would remove those exemptions.

A contentious proposal regarding schools, libraries and obscene material went to third reading in the House of Delegates Friday.

Del. Jeff Stevens, R-Marshall, and a public school teacher, said in floor debate that the bill allows him to better protect his students.

“For students’ electronic devices, we have GoGuardian to protect them from obscene material,” Stevens said. “We have the FCC that protects children from seeing obscene material on TV. This bill gave our students and children of the community the same protection they receive from GoGuardian and from the FCC.”

GoGuardian is a program that gives K-12 teachers tools from digital guardrails to student safety support to create safe student learning.

The bill’s sponsor, Del. Brandon Steele, R-Raleigh, said the bill does not ban books but protects children from being exposed to pornography.

“I’m here to protect our young people,” Steele said. “And make sure that they are not put in a vulnerable position where they are presented with pure pornography, and an effort to groom them and prepare them for a potential sexual abuse or sexual assault.”

Del. Evan Hansen, D-Monongalia, said there are already local community standards in place to determine what’s obscene.

“There’s a school board, a locally elected school board that oversees our schools,” Hansen said. “And our libraries apply local community standards when they make decisions about what books to put on the shelves.”

The bill passed along party lines, 85-12, and now goes to the Senate. West Virginia’s obscenity laws have possible punishments of fines up to $25,000 and up to five years imprisonment.

Exploring Workforce Development Needs, New Energy In W.Va.

On this episode of The Legislature Today, new companies and new jobs are coming to West Virginia. And with those jobs comes the need for workforce development and new sources of energy. Curtis Tate spoke with Bill Bissett, the president of the West Virginia Manufacturers Association, and Dan Conant, founder and CEO of Solar Holler, about these issues.

On this episode of The Legislature Today, the first public hearing of the 2024 session was held, and it focused on a bill that criminally penalizes public facilities for presenting obscene material to minors. Randy Yohe reports on an emotionally charged event.

Also, the Senate passed and sent eight bills over to the House, including one to protect police dogs. Briana Heaney has the story.

Bills dealing with human trafficking, a school counselor’s duties and moonshine moved to third reading in the House. Randy Yohe has more.

Geospatial professionals from across West Virginia gathered at the Capitol to teach the public about their field. Jack Walker reports.

And, discipline has always been a part of a school education. But in recent years, concerns over student and teacher safety have elevated discipline to be the school issue of the day. Chris Schulz takes a look at the legislature’s attempts to address the matter.

Finally, new companies and new jobs are coming to West Virginia. And with those jobs comes the need for workforce development and new sources of energy. Curtis Tate spoke with Bill Bissett, the president of the West Virginia Manufacturers Association, and Dan Conant, founder and CEO of Solar Holler, about these issues.

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The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Legislative Public Hearing Set For Obscenity Bill

The legislature’s first public hearing of 2024 will be Wednesday morning regarding public facilities, minors and obscene material.

The public hearing comes before House Bill 4654 goes to the Judiciary Committee for debate. The proposed legislation would remove schools, public libraries and museums from the list of exemptions from criminal liability relating to distribution and display to minors of obscene material.

The legislature’s first public hearing of 2024 will be Wednesday morning regarding public facilities, minors and obscene material.

The bill sponsor, Del. Brandon Steele, R-Raleigh, said obscenity concerns from several school and public librarians in his Beckley area community prompted the bill drafting.

“They’ve talked to me about some of the materials that are coming in to the libraries these days,” Steele said. “The law that we have on the books was designed, you know, back in the 70s, and 80s, where the topic was more along the lines of sex education and things like that, things that were a little more innocuous. What our librarians that are talking to me are seeing that coming in, is material that is outright pornography.”

Del. Joey Garcia, D-Marion, is among the delegates opposing the bill who call it an attempt to ban books.

“It’s a flat-out book ban bill,” Garcia said. “It’s really weaponizing the government, weaponizing criminal law to attack professionals that are librarians that are educators in our schools that are in museums with respect to obscenity, and that’s just such a very vague standard right now. This would make criminal prosecution possible, which is going to chill free speech.”

Steele said there’s no book ban language in the bill.

“I wouldn’t call it a book ban,” Steele said. “I will call it a pornography ban on showing pornography to children. If people want to call that a book ban, that’s their business.”

Garcia said the political desires of those supporting the bill are painting with broad brush strokes.

“It affects issues of racism. It affects issues of history, it can even affect the Bible,” Garcia said. “I was looking at banned books that have happened from similar bills across the United States. They banned a book on Roberto Clemente, on Ruth Bader Ginsburg, that’s what’s on some banned lists. And that’s what individuals do. They don’t like something that’s in the library. They want to try to make somebody fear that they’re going to be criminally prosecuted. And that’s not right.”

State code defines obscene in part as something that the average adult would find sexually explicit in an offensive way or something that appeals to a prurient interest. Prurient means an excessive interest in sexual matters.

Del. Steele gave his personal definition of obscenity.

“What did Justice Holmes say,” Steele said. “It’s hard to write down the definition, but you know it when you see it.”

That quote was actually from Justice Potter Stewart. The public hearing on House Bill 4654 is 8:30 a.m. Wednesday.