Ohio bill seeks to punish educators 'pandering obscenity'

COLUMBUS, Ohio — A push at the Ohio Statehouse could limit the types of material both teachers and librarians present to students in schools.

A new proposal would make it a felony if educators and librarians pander “obscene” material. State Rep. Adam Mathews, R-District 56, wants Ohio to place limits on the type of material that teachers and librarians can make available to younger students. 

“This is really for our K-12 educational environments, so that parents, teachers and students have that type of relationship where you know that your kid’s getting a great education, where they go to school,” Mathews said. 

House bill 556 would make it a felony for teachers or librarians to pander obscenity. A first offense could be punished with up to one year in prison, and those convicted could also face a fine. Mathews said the bill’s intent is to protect children and help parents build trusting relationships with their schools. While the bill does not specifically define obscenity, Mathews said it would align with the definition found in Ohio’s Revised Code.

The code lists several characteristics that make something obscene. It includes things that depict sexual activity, when the only purpose of the content is sexual in nature. Mathews said librarians and teachers would not violate the law if they were using the material for certain reasons.

“We have a very measured approach of making sure that our health teachers, biology teachers, physicians or sociologists are allowed to teach as they’re needed to as well as putting clear exceptions for bona fide reasons,” Mathews said. 

“I think it’s a swipe at the First Amendment,” said Scott DiMauro, the President of the Ohio Education Association. “It will open up educators to new levels of potential criminal liability and do so in a way that I think also could be seen as unconstitutional.” 

Columbus City Schools Librarian Courtney Johnson said sometimes she provides materials to students who identify as LGBTQIA. She believes the term “obscenity” is too broad. She said as a librarian she cares deeply about the students and wants to help them learn. She also wants to help them become very open-minded. She mentioned that, as a librarian, they already use the Miller Test to ensure no material they give students is considered obscene. 

“We have students who need to see themselves in those books,” Johnson said. “So, I worry that teachers and librarians would really start self-censoring in an effort to avoid a felony because it’s clearly undefined.” 

“It’s a bill that’s looking for a problem that doesn’t exist,” said Melissa Cropper, the president of the Ohio Federation of Teachers. “And, it’s really frustrating to us that the legislature (needs) someone to introduce a bill about pandering obscenities to children, which again, is a problem that doesn’t exist, when there are so many other problems that do need to be addressed in education.”

Mathews is the only sponsor of the proposal at this point. It is still unclear whether it could get enough to support to pass through the Ohio House and Senate. At this time, it still needs to head through committee and hear proponent and opponent testimony.

Ohio Gov. Mike DeWine commented on the proposal, and he believes these types of decisions should rest with parents.

“The burden of proof is on someone to show us why you need legislation in this area,” DeWine said.