Banned Books Week is coming to K-12 schools and city libraries across the nation September 18-24. This is a time for librarians to promote books that have been challenged for offensive content, such as sexually explicit writing and images, the promotion of so-called transgender lifestyles, and child sexual abuse.

Librarians get to tout their activism as a virtuous commitment to First Amendment freedoms for students and others and they label those who don’t like the banned books as censors. But many of these books actually fall under the legal definition of obscenity. Others discuss things like the steps of “transgender transitioning” and how children can hide their internet search history from their parents. Nevertheless, many school and classroom libraries still carry them.

Research by Judith Reisman and Mary McAlister in the Liberty University Law Review, “Materials Deemed Harmful to Minors Are Welcomed into Classrooms and Libraries via Educational ‘Obscenity Exemptions,’” relayed that the Supreme Court has already settled that obscene material is not protected by the Constitution but left the definition of what is obscene to individual states based on the characteristics of their communities. Most states and the District of Columbia have obscenity laws with prohibitions on disseminating material that is “harmful to minors.” //

For books like “Gender Queer,” I’m unable to replicate the pictures depicted in the book for this article, as I would be subject to legal penalties. Likewise, a father at a recent school board meeting had his microphone silenced for attempting to read from some of the objectionable books found in his child’s school because the school board was aware that allowing the words to air was illegal.

But, magically, once a child enters a school library, a librarian can provide “Gender Queer” and other challenged books to him or her without fear of prosecution. //

As an example of a state’s obscenity exemption, take a look at Texas Penal Code Section 43.24, which is the law that prohibits distribution of harmful material to children. The specific exemption is found at 43.24(c), and it provides “an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.”

But Texas State Rep. Steve Toth is trying to change that.