Introduction to the Debate
The debate over what is considered inappropriate material for minors has been a contentious issue at the Texas Capitol and beyond for years. In 2025, the Texas Legislature’s 89th session addressed this issue by passing Senate Bill 412, which makes significant changes that could lead to criminal charges for educators.
Understanding the New Law
To comprehend the new law, which takes effect on September 1, it’s essential to understand how Texas legally defines what’s considered inappropriate material for kids. This definition stems from a 1973 U.S. Supreme Court decision, Miller v California, which established a three-prong test for what counts as obscene speech. According to UT-Austin Law Professor Jennifer Laurin, the test includes:
- Whether an average person applying community standards would find the work as a whole appealing to the prurient interest.
- Whether the work depicts something that is sexual or bodily in a patently offensive way.
- Whether it lacks serious literary, political, scientific value.
The Affirmative Defense
The same year as the court case, Texas used similar language to define what materials the state considered harmful for minors. Under the Texas Penal Code, these materials are illegal to sell, distribute, or display. However, there was a carve-out called the "affirmative defense," which offered legal protection to people like educators or doctors if the material deemed potentially harmful was used for educational, scientific, psychiatric, psychological, governmental, or legislative reasons.
Changes to the Law
With the passage of SB 412, the affirmative defense is no longer available. This means that educators and others who provide access to materials that might be considered obscene could face criminal charges. Supporters of the change argue that it will protect Texas kids and prevent bad actors from using the affirmative defense to expose children to harmful material without consequences.
Reactions to the New Law
Clay Robison, a spokesperson for the Texas State Teachers Association, believes that the new law is an attack on educators. "Teachers are not exposing kids to pornography," he said. "Teachers are trying to teach. Sometimes nudity is a reality, sex is a reality. They shouldn’t be punished or run the risk of being punished and have to go through the expense and the humiliation of a criminal trial just because they’re trying to do their jobs." On the other hand, Mary Elizabeth Castle with the conservative policy group Texas Values hopes that the law will serve as a deterrent, preventing people from providing access to obscene materials.
Potential Consequences
The removal of the affirmative defense could have a chilling effect on educators and librarians, causing them to self-censor and avoid providing access to materials that might be considered controversial. Laney Hawes, co-founder of the parents’ group Texas Freedom to Read Project, expressed concern that this could lead to a lack of diverse perspectives and ideas in classrooms and libraries.
Conclusion
The passage of SB 412 marks a significant shift in how Texas approaches the issue of obscene materials and minors. While supporters of the law believe it will protect children, others worry that it will have a negative impact on education and free speech. As the law takes effect, it remains to be seen how it will be enforced and what consequences it will have for educators and others who work with minors.
