Texas strips protections for teachers, parents who share 'obscene' material with children
Senate Bill 412, authored by Sen. Mayes Middleton, a Galveston Republican, removes legal protections for adults who provide material to children that could be considered harmful. It is now on its way to Gov. Greg Abbott's desk after a final 92-39 vote.
Under current law, educators, doctors and parents are protected from criminal charges by a legal rule called 'affirmative defense,' which allows them to say materials were used to teach children. The bill removes this protection.
'It makes it easier to prosecute not just educators or librarians, but also parents and medical professionals, while simultaneously adding vagueness to the definition of what is prohibited,' said Caro Achar, the engagement coordinator for free speech for the American Civil Liberties Union of Texas, a civil rights organization.
The bill also eliminates affirmative defenses for individuals charged with sexual performance by a child, which is when a child is encouraged by an adult to do actual sexual conduct. Opponents of the bill did not debate this section, but focused instead on the bill's impact on educators.
Critics say the bill will lead teachers and librarians to remove any materials out of fear it could be seen as too mature, leading to criminal charges.
Supporters say it is a crucial next step in protecting Texas children.
'Teachers and librarians that intentionally, knowingly or recklessly expose children to harmful content should be in fear in the state of Texas,' said Rep. Mitch Little, a Lewisville Republican.
The bill's House sponsor, Rep. Jared Patterson, R-Frisco, promised his skeptical colleagues that adults with legitimate cases to share material with educational value had nothing to fear. The works in question would be subject to the Miller Test, a three-prong legal standard used by U.S. courts to determine obscenity.
'What we're talking about here is a perversion in extreme content that's got to meet all three of these criteria laid out in this bill. It's got to be pretty extreme,' Patterson said. 'And unfortunately, we have seen some extreme examples in our public schools, and I do believe that it would affect some of those.'
The legislation is part of the growing tension between groups seeking to protect children from materials they believe are harmful to their development and those who worry about the impact of banning books.
In 2024, organized conservative movements sought to remove books from schools and libraries 821 times, according to the American Library Association, a national library advocacy organization. There were nearly 2,500 books challenged in those efforts.
Likewise, in Texas and across the country, lawmakers are also passing laws restricting the types of materials available in public libraries and schools. Critics say they are directly targeting books with LGBTQ+ themes and related to racism and those that feature characters of color.
In Texas, a bill to ban all sexually explicit books in public school libraries is expected to be heard by the House's public education committee on Tuesday. It is one of several on the table to ban certain literature outright.
'This is, I think, a more roundabout book ban,' Achar said, referring to the Senate bill that passed Friday. 'Even though it's not explicitly listing materials, it will have a chilling effect. It will deter teachers and parents and educators from using any materials that could qualify for criminal prosecution, because no one wants to take that risk.'
House Republicans who voted for the bill said it offers much-needed protection for children who are exposed to sexually explicit and morally wrong materials that in any other setting would be illegal.
'I want you to ask yourself before you vote, are the morals in this country going up or down?' asked Rep. Matt Morgan, a Richmond Republican. 'If you think they're going down, then there are changes we need to make to help our children. You can't unsee the images that are in these books. You can't unread these words. And so for that reason, I ask you to please vote for the bill.'
House Democrats who rejected the bill, including state Rep. Rhetta Bowers, D-Rowlett, said the bill is too vague. They say it would result in teachers and librarians living in fear of the consequences of what materials they do allow children to access.
The 'chilling effect' would cause educators to remove works such as 'Hamlet,' 'The Scarlet Letter,' 'Brave New World' and even the Bible — all of which have elements of sexuality.
'Protecting children does not mean shielding them from reality,' said Bowers. 'It means giving them the tools to understand it, to navigate it and to grow into compassionate, informed and engaged citizens.'
Tickets are on sale now for the 15th annual Texas Tribune Festival, Texas' breakout ideas and politics event happening Nov. 13–15 in downtown Austin. TribFest 2025 is presented by JPMorganChase.
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