As with every state in America, South Dakota has laws protecting kids from harmful materials. If certain content meets the “harmful to minors” definition in our state law, then it is unlawful to give that material to children – unless you’re a library or educational institution. That’s right, our libraries have direct permission in state law to give p*rnography to children.

We need your help! This article will help you learn more about the issue, and at the bottom of the page you will find ways to help!

The definition of harmful to minors

The definition of what type of material is considered harmful to minors is based on Supreme Court precedent, commonly called the “Miller test” after the 1973 ruling Miller v. California. The test has three parts. For material to be considered harmful to minors it must:

• Predominantly appeal to the prurient (sexual), shameful, or morbid interest of minors,

and

• Be presented in a way that is considered patently offensive to community standards,

and

• Be lacking literary, artistic, political, or scientific value

If something fails all three of these, it is harmful to minors. The actual text of the SD law is copied below.

The carveout for schools and libraries

As you can see, the laws protecting children from harmful materials are quite clear, and offer protection against obscene materials – but here’s the crazy part: Our laws provide a direct exemption for schools, libraries, and museums. This means they have direct permission to give out p*rnography.

38 states have this bizarre exemption – 12 do not.

There are 7 states that did not implement this “obscenity exemption”: Alaska, Arizona, Colorado, Oklahoma, Missouri, New Jersey, and Rhode Island. 5 states have repealed their exemption, like HB1239 is attempting to do. They are: Arkansas, Indiana, North Dakota, Montana, and Tennessee.  

The problem in South Dakota

Here’s the deal, many libraries in South Dakota have done a great job ensuring that children are not given harmful materials – but others are not. Disturbing examples are popping up across the state of material being distributed that may in fact fail the “Miller test” and be harmful to children. A local friend produced this video, highlighting a few examples.

Here’s the bottom line: our taxpayer funded institutions should not be exempt from the laws protecting children.

HB1239 has been endorsed by Family Voice Action, the SD Catholic Conference, Concerned Women for America, FAIRSD, and Moms for Liberty.

Will you help us pass HB1239 and protect kids from harmful content?

Here’s what you can do:

1. Email your Senator – Our email system connects you to your Senator
2. Ask 5 friends to read this article and contact their own Senators
3. Post this article to your social media, or use one of the images below to spread the word

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