Schools Are Exempt From Obscenity Laws
Many don’t realize schools are exempt from obscenity laws.
You see it at school board meetings: An angry parent recites her state’s obscenity law which prohibits the distribution of sexually explicit materials to minors, and calls out the school board for breaking the law.
What many citizens don’t realize is that schools are exempt from obscenity laws.
Materials that are harmful to children and youth flow freely into K-12 school libraries and classroom collections due to educational “obscenity exemptions.”
Angry citizens calling for the removal of books with pornographic content in our schools aren’t just pearl-clutching prudes. Empirical evidence shows children who are exposed to obscene content experience harm.
Those of us who think schools should be in the business of guarding and protecting kids from exposure to erotic literature — rather than serving up psychological trauma like today’s cafeteria hot lunch — must take action by calling for the repeal of all state laws that exempt schools from exposing children to pornographic content.
Even with public awareness that child sex abuse is at epidemic levels, in the United States in 2023 it remains the case that materials that cannot lawfully be sold to children can be viewed in school libraries — and can be presented as part of school assignments (often in high school English classes).
This is permitted due to state obscenity exemptions.
The Reisman & McAlister report linked below exposes the root of the sexual rights agenda which got us here, out of which sprang the enactment of state laws providing legal protection in the form of obscenity exemptions to public schools and public libraries.
Read “Materials Deemed Harmful to Minors Are Welcomed Into Classrooms and Libraries Via Educational ‘Obscenity Exemptions’” here: https://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1251&=&context=lu_law_review&=&sei-redir=1&referer=https%253A%252F%252Fwww.google.com%252Furl%253Fq%253Dhttps%253A%252F%252Fdigitalcommons.liberty.edu%252Fcgi%252Fviewcontent.cgi%25253Farticle%25253D1251%252526context%25253Dlu_law_review%2526sa%253DU%2526sqi%253D2%2526ved%253D2ahUKEwjiqenspYCCAxVdiO4BHdf8AHcQFnoECBgQAQ%2526usg%253DAOvVaw33Nm6vzYw-kAijM7aiYz3A#search=%22https%3A%2F%2Fdigitalcommons.liberty.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D1251%26context%3Dlu_law_review%22
It started with Alfred Kinsey’s mid-20th century “revolutionary research” that purported to establish that children are sexual from birth and that all manner of child sexual activity is normal and harmless.
Kinsey’s “research,” which became a global legal fiction, was in fact neither scientific nor statistically valid, but was instead based upon the serial sexual abuse of infants as young as two months old, toddlers, and children by “trained observers” using stopwatches to record their “data” for Kinsey.
These “data” were used by Kinsey and his team to launch a sexual revolution and to fundamentally transform society into a sex-saturated, sex-centric culture that even now seeks to mainstream and normalize Kinsey’s and his team’s degenerate appetites.
Watch this video for more on Kinsey:
The cultural, moral transformation we have witnessed since the 1960s includes the wholesale revision of criminal law to decriminalize or greatly diminish criminal legal sanctions for sexual offenses, including sexual offenses involving children.
State obscenity exemptions for organizations and individuals providing materials for “educational purposes,” including schools and libraries, allow materials that are otherwise deemed “obscene” and “harmful to minors” to be mainstreamed into school curriculum, library books and online content with zero risk of criminal prosecution for the perpetrators.
Forty-four states and the District of Columbia have obscenity exemptions on the books, giving license to those seeking to sexually indoctrinate children, unimpeded by the equivalent of movie ratings or warning labels.
Even the most diligent parent who forbids his child to attend an R-rated movie, purchase an M-rated video game or music with a “Parent Advisory” warning loses the battle for his child’s mind when he drops his child off at school — where graphic sexual materials are presented as part of the school curriculum.
Federal and state statutes prohibit the sale, distribution or transmission of obscene materials. State protections also prohibit the dissemination of obscene materials to minors. These are known as harmful to minors laws.
However, schools, libraries and similar educational interests have been exempted from these laws through the statutory “obscenity exemptions” originating from the Model Penal Code.
The Model Penal Code and the obscenity exemptions originated from Alfred Kinsey’s reports on human sexuality that purported to find that all sexual conduct is normal and children are sexual from birth and unharmed by sexual activity.
Obscenity exemptions served as catalysts for wholesale revision of education to train “sex educators” to supplant parents as primary teachers of human sexuality to their children.
Obscenity exemptions permitted educators with questionable motives to introduce anxiety-arousing sexual materials into schools, first in the form of sex education in inner city Washington D.C., then throughout the nation.
Sexual topics have now permeated every aspect of K-12 education.
Over time, obscenity exemptions have transformed our schools into war zones for contentious cultural identity conflicts, traumatic brain rewiring, and acting out, ultimately leading to the exponential increases in rates of disease and dysfunction we are seeing today among our youth.
Repealing obscenity objections is a necessary step to reining in the multitudinous harms to children and youth that exposure to inappropriate, sexually explicit content causes.
The time is now to call upon our representatives in government to move to replace obscenity exemptions in the law with policy that puts kids’ needs first, NOT adult agendas.
#KIDSFIRST