From the ABA: Update on Arkansas Act 372

Dear Booksellers,

We wanted to provide a brief update on Arkansas Act 372. 

Act 372 establishes the criminal offense of making material available that is considered "obscene for minors." The law includes books, films, and live performances depicting sexual conduct or nudity and classifies the knowing provision of these items as a Class A misdemeanor, among other things.

In 2023, ABA, WordsWorth Books, Pearl’s Books, and other book and library groups, filed a First Amendment Challenge to the law because it could make it illegal to display books that are appropriate for adults and older minors. Two weeks ago, the Eighth Circuit overturned our victory in the district court and held for the state. The plaintiffs have filed a motion for rehearing.

On Tuesday, August 11, the Eighth Circuit granted our motion to extend the deadline for filing our brief for a rehearing to August 27. 

Since we received the extension, the injunction will remain in place at least until seven days after the August 27 filing date. While that is the earliest date the injunction could be vacated, it is much more likely the court will take time to review our brief. The court could also ask the state to respond, and if that happens, Arkansas will be given two weeks to do so. If the court grants a rehearing, the injunction will remain in place until the court rules.

Our counsel is scheduled to meet with the Solicitor General’s office next week to discuss elements of the ruling. 

We will continue to update you as we move forward.

If you have any questions, do not hesitate to reach out. You can reach me at dave@bookweb.org or call (914) 406-7562.

(See also: SIBA Updating Banned Books Week Toolkit for 2026)