On Point | Podcast

Protecting from harm or censorship? Policing educational material in Texas

May 16, 2025
In this thought-provoking discussion, Bayliss Wagner, a state politics reporter, and Mary Elizabeth Castle, Director of Government Relations for Texas Values, dive into the recent Texas legislation targeting educational materials. They highlight the vague definitions of 'harmful' content and the potential legal repercussions for educators. The conversation touches on the clash between parental rights and children's access to diverse literature, exploring how censorship affects schools and libraries. It's a riveting examination of the delicate balance between protection and freedom in education.
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INSIGHT

Vague Definitions Risk Overreach

  • SB 412 criminalizes providing harmful material to children but leaves vague who judges "harmful."
  • The uncertainty creates risk of overreach and chilling effects for educators and parents in Texas.
INSIGHT

Removing Affirmative Defense Raises Fears

  • Affirmative defense currently protects educators by allowing justification of educational value for materials shown to minors.
  • SB 412 seeks to remove this defense, raising fears of stricter enforcement against educators and librarians.
INSIGHT

High Bar vs. Vague Community Standards

  • SB 412’s harmful material definition requires a high bar based on the Miller test involving prurient interest, offensiveness, and lack of social value.
  • However, other bills rely on vague community standards, increasing censorship risks in libraries and schools.
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