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HB 10: Sexually Explicit Materials in Libraries
What It Really Does
HB 10 is being framed as a bill to “protect families.” In reality, it conflicts with long-standing First Amendment protections and would place Wyoming libraries in direct legal jeopardy.
Public libraries exist so individuals — not the government — decide what to read, learn, and believe. Courts have recognized that principle for decades.
It Conflicts with the First Amendment
The U.S. Supreme Court has repeatedly affirmed that the First Amendment protects not only the right to speak — but the right to receive information.
In Board of Education v. Pico (1982), the Supreme Court held that government officials may not remove books from public institutions “simply because they dislike the ideas contained in those books.”
Federal courts have extended that principle:
Sund v. City of Wichita Falls (2000) – A federal court ruled that removing or relocating books based on objections to their themes was unconstitutional viewpoint discrimination.
Counts v. Cedarville School District (2003) – A policy requiring parental permission to access the Harry Potter series was struck down because it burdened access based on disapproval of the ideas in the books.
In Counts, the court made clear: Even moving books to restricted sections can be unconstitutional if done because of disagreement with the content.
HB 10 attempts to do exactly what courts have repeatedly rejected — restrict access to lawful materials based on viewpoint or content.
Opens the Door to Book Bans in Wyoming
HB 10’s definition of “sexually explicit material” is so broad that it could remove:
Books about puberty and sexual health
Materials about consent and healthy relationships
LGBTQ+ identity and family diversity books
Anatomy and biology textbooks
This bill doesn’t protect children — it limits their access to accurate, age-appropriate information about their own bodies and identities.
Under Supreme Court precedent, the only category of sexual content that is unprotected by the First Amendment is obscenity — defined narrowly under the Miller v. California (1973) test.
Material is legally obscene only if:
It appeals to prurient interest,
Is patently offensive under state law, and
Lacks serious literary, artistic, political, or scientific value.
If any one of those elements is not met, the material is constitutionally protected speech. Public libraries in Wyoming do not collect obscene material. HB 10 would target protected books — not illegal obscenity.
Weaponizes Costly Lawsuits Against Libraries & Schools
HB 10 allows any resident to sue libraries and school districts.
That means:
Taxpayers pay for costly legal battles
Libraries face $500 per day penalties
Institutions are pressured to remove books preemptively
But here’s the catch: If libraries do not remove a book, they could be sued under state law. If they do remove or restrict it, they could be sued under federal constitutional law.
HB 10 would place Wyoming communities in the middle of a legal no-win scenario — at taxpayer expense. Instead of focusing on education, schools and libraries would be forced into constant legal defense.
This isn’t about protecting kids — it’s about intimidating educators.
Undermines Local Control & Parental Rights
Parents already have full authority to guide their own children’s reading. Librarians support and encourage parental involvement. HB 10 would allow any resident to restrict what other families can access.
HB 10 takes decisions away from:
Parents
Professional librarians
Educators
And hands them to any resident with an agenda.
Instead of letting parents decide what is appropriate for their own children, this bill allows strangers to dictate what all children can access. That’s not parental rights. That’s government overreach. Courts have repeatedly rejected attempts by government actors to suppress ideas because they disagree with them.
The Bottom Line on HB 10
HB 10 would:
Encourage book bans
Conflict with established First Amendment case law
Cost taxpayers money
Replace parental choice with state mandates
Chill access to constitutionally protected speech
If you believe Wyoming shouldn’t be banning books or wasting public funds, click the button below to send key Representatives an email asking them to vote NO.
Tips for Writing Your Email
Keep it personal. Keep it simple. Your voice matters more than perfect wording.
Introduce yourself — share your name, where you live, and any role that’s relevant (parent, educator, business owner, faith leader, etc.).
Share why libraries matter to you — a childhood memory, a connection to a librarian, or why access to information is important to your family or community.
Explain why HB 10 concerns you — in your own words. Speak from the heart.
Make a clear ask — respectfully say, “Please vote NO on HB 10.”
Optional: If you feel comfortable, invite them to continue the conversation over coffee or by phone.
Don’t overthink it. Personal stories are powerful. Wyoming works best when neighbors speak up.