Stacey Sloughfy is a travel writer who specializes in destinations, road trips, and travel planning. Her passion for exploring began with her first international trip to Japan, where she discovered a love for experiencing different cultures and seeing the world from new perspectives. Since then, she has traveled extensively throughout the United States and abroad, helping readers discover inspiring destinations and memorable travel experiences.
Prior to contributing to TheTravel, Stacey wrote content for GoAbroad and WeSaidGoTravel. When she is not travel writing, she can often be found tending her garden, blogging, or planning her next adventure.
This article was updated on August 7 at 12:48 PM EST with a statement sent to TheTravel from Southwest Airlines
A U.S. Immigration and Customs Enforcement (ICE) agent trying to board a Southwest Airlines flight in Dallas was reportedly stopped by a gate agent who demanded a judicial warrant before allowing the agent onto the aircraft. The July 25 incident could signal a growing pushback from airlines as immigration enforcement at U.S. airports increases.
Now, a report from The Wall Street Journal suggests Southwest employees are drawing a line when ICE agents attempt to access aircraft or passenger information without the documentation the airline requires.
Southwest Airlines Pushes Back Against ICE Enforcement At Dallas Love Field Airport
Southwest Airlines passengersCredit: Shutterstock
The incident happened at Dallas Love Field Airport on July 25 when an ICE agent attempted to board a Southwest flight headed from Dallas to Orlando to make an arrest, but a Southwest gate agent reportedly refused to allow the agent onto the aircraft without a judicial warrant signed by a judge.
Southwest employees also reportedly refused to provide ICE with passenger information or allow agents to view a computer screen displaying passenger information as travelers boarded the flight. The ICE agent reportedly had an administrative warrant, which was signed by an ICE supervisor rather than an independent judge.
Southwest did not comment specifically on the reported Dallas incident but provided TheTravel with a statement outlining how the airline interacts with law enforcement.
“Southwest is committed to providing a safe travel experience for all Customers and Employees. The airline adheres to applicable state and federal law when interacting with law enforcement agencies. Southwest has longstanding policies in place to ensure appropriate legal documentation is presented by law enforcement personnel before any information about Customers is shared,” the Southwest spokesperson told TheTravel.
The statement does not confirm whether the July 25 incident occurred or address what type of warrant the ICE agent presented. It does, however, reinforce Southwest’s position that law enforcement personnel must provide appropriate legal documentation before the airline shares customer information.
Southwest Airlines aircraft taking off from Love Field in Dallas, TexasCredit: David Pillow/Dreamstime
According to the WSJ, the Dallas confrontation may not have been an isolated event. An unnamed source said roughly a half-dozen similar incidents involving Southwest have occurred in recent weeks.
An administrative warrant and a judicial warrant are not the same thing. The former is issued within the immigration enforcement system, while a judicial warrant is signed by a judge.
The distinction could become increasingly important as airlines respond to more immigration enforcement activity at airports.
Several U.S. Airlines Decline Helping ICE With Airport Arrests
Southwest is not necessarily the only airline pushing back against ICE requests at airports. The Wall Street Journal also reported that an unnamed airline at a Southern airport recently declined to help ICE agents access a jet bridge so they could arrest a man traveling with his family. The airline reportedly refused to assist the agents. The man and his family ultimately did not board the flight, according to the report.
U.S. Immigration and Customs Enforcement AgentsCredit: U.S. Immigration and Customs Enforcement, Wikimedia Commons
The Department of Homeland Security (DHS) later said ICE agents did not complete the Las Vegas airport arrest due to safety concerns. The department stated that officers “did not proceed with the arrest at the Las Vegas airport” because of “officer safety” concerns and instead arrested the passenger the following day after he departed from Los Angeles International Airport.
These encounters have raised questions about what airlines should do when federal immigration agents arrive at the gate or attempt to access an aircraft.
Airlines Seek Clearer Rules For ICE Arrests At Airports
The airline industry’s response suggests that Southwest’s experience is part of a broader concern over how ICE enforcement is being handled inside airports.
Airlines for America (A4A), a trade group representing major U.S. airlines, said its member companies have been communicating with ICE and TSA about procedures for immigration enforcement at airports.
A4A said its member companies “have had constructive discussions with ICE and TSA to ensure if law enforcement activity occurs at an airport, there are proper procedures and protocols in place to prioritize the safety and security of all involved.”
Airlines are not necessarily asking ICE to stop making arrests at airports. The bigger concern appears to be how those arrests are conducted and what access agents should have to airline-controlled areas and passenger information.
Issue
Why Airlines Are Concerned
Access to aircraft
Employees may need to determine whether agents have appropriate documentation.
Administrative warrants
Airlines may question whether these documents provide sufficient authority for certain actions
Passenger information
Carriers have policies governing when customer information can be released
Jet bridges and gates
Arrests in crowded areas can create difficult situations for employees and travelers
Safety
Airline workers have to consider the safety of passengers and crew during enforcement activity
A DHS spokesperson has defended the increase in airport enforcement. The spokesperson told NewsNation that the administration had reversed what it described as a previous policy allowing people who are in the country illegally to travel around the United States.
“DHS reversed the horrendous Biden-era policy that allowed aliens in our country illegally to jet around our country. Under President Trump, DHAS [DHS] will no longer tolerate this.”
The spokesperson added, “This administration is working diligently to ensure that aliens in our country illegally can no longer fly unless it is out of our country to self-deport.”
The statements highlight the competing concerns at the center of the issue. Federal officials say immigration laws must be enforced, while airlines are trying to determine how those enforcement actions should take place without creating additional safety and operational problems.
TSA agents at a U.S. airportCredit: via Shutterstock
For travelers, the Southwest incident does not mean ICE agents are being barred from U.S. airports or that airlines will refuse to cooperate with immigration authorities. Instead, it shows that airlines may challenge access to aircraft or passenger information when they believe the proper legal documentation has not been provided.
As airport enforcement continues to increase, the question of where and how these arrests take place will likely remain a point of discussion between airlines, federal agencies and the public.
I posted the Rachel Maddow video of this. Greenland has a law against any oil drilling or even attempting to find oil in their area. According to what Maddow said the company just doesn’t care being willing to lie and then saying they had permission from tRump. tRump doesn’t run Greenland. But you see the goal is to rape the place of all resources and these companies don’t respect local law or people. And of course tRump is making profit off it. But because of fear of tRump and what he may do in a fit of rage they seem ready to let the country break the laws. Hugs
Island’s government says no approval given after Greenland Energy brings kit ashore for exploratory drilling
Jameson Land, a remote part of Greenland where the US company Greenland Energy has landed drilling equipment.
Trump’s Truth Social post.
Illustration: truthsocial.com/realDonaldTrump
Young arctic foxes in the tundra in Jameson Land.
Photograph: Biosphoto/Alamy
An American oil company connected to Donald Trump is preparing to sink wells in remote Greenland despite not having received permission from the local authorities.
As the US president renews his threats to claim the vast Arctic territory, materials to prepare for drilling were brought ashore in recent days on Greenland’s eastern coast.
That has prompted Greenland’s government to issue a “strong warning” that no approval had been granted to land the kit. “All future logistical matters must be advised and approved by the mineral resources authority – before they are carried out,” the government said in a statement.
Two days later, Trump made his latest menacing post on Truth Social, showing himself looming over a Greenlandic village.
Trump’s Truth Social post. Illustration: truthsocial.com/realDonaldTrump
Executives of Greenland Energy, a Texas company set up last year, have claimed that $1tn of crude may lie beneath the Jameson Land region. They announced plans to spend $60m drilling two wells to find out.
Although Greenland stopped issuing new oil licences in 2021 on environmental grounds, a UK company called 80 Mile had secured exploration rights in Jameson Land. Greenland Energy’s corporate filings say it will take a majority stake in the project in exchange for funding the exploration, though it still needs government permission to proceed.
Licensed to drill? How a Trump-linked Texas oil company is elbowing its way into Greenland
Read more
Greenland Energy has retained Phil McGraw, better known as Dr Phil, a prominent rightwing former chatshow host who served on Trump’s religious freedom commission, to make a documentary series that will “capture the mission of these modern-day wildcatters”.
It has also appointed as a director a US navy veteran who is working on Golden Dome, the missile defence plan for which Trump says controlling Greenland is “vital”.
Larry Swets, Greenland Energy’s chair and a big shareholder, appears to enjoy access to Trump’s circle. He has said the oil project is “not related to American annexation”.
After a company representative falsely claimed at a Jameson Land community meeting in June that it had permission to land drilling equipment, Swets said: “Our enthusiasm for the project led us to communicate in a way that created confusion.”
But the next month, local people in the sparsely populated region noticed a tug pulling a barge shorewards and unloading a dozen containers. “The goal was to get the equipment onshore at Nunap Qeqqa [Jameson Land] in connection with planned oil exploration drilling,” the Greenland government’s statement said.
The Danish investigative outlet Danwatch quoted the head of the shipping company as confirming the delivery was for Greenland Energy.
Young arctic foxes in the tundra in Jameson Land. Photograph: Biosphoto/Alamy
Greenland Energy has declined to respond to questions from the Guardian. A letter it sent to shareholders on Thursday said: “Recent high-level meetings between project leadership and Greenlandic regulatory and oversight authorities have been constructive, and we continue to be encouraged by the progress being made toward the remaining approvals required for drilling.” It said that after those discussions, just one well would be drilled to begin with.
As a semi-autonomous territory of Denmark, decisions about Greenland’s natural resources rest with its local elected leaders, who now face a delicate decision. They could grant permission for oil drilling, even though the planned wells appear to fall within a conservation area protected by the Ramsar convention on wetlands. Or they could refuse and, some worry, give Trump a pretext to advance his imperialist agenda.
The Greenland government’s statement said it “would not be proportionate” to demand the equipment be removed. An application for permission remained under processing, it added.
A Greenland Energy representative has said a vessel carrying its 300 shipping containers of drilling equipment is to set sail from Canada on 12 September. Sinking the wells would begin in October.
Jeff Landry, the hard-right Louisiana governor serving as Trump’s Greenland envoy, has said Greenland could be pumping oil next year.
Mehdi takes down Bret Stephens’s viral argument and explains why Israel is unmistakably committing genocide in Gaza. Ever since Israel began their horrific war on Gaza, many pro-Israel pundits and genocide-denialists have suddenly decided that they know far more about war crimes, ethnic cleansing, and genocide than actual human rights experts. How convenient! New York Times’ conservative columnist Bret Stephens is of course no exception. In this latest ‘DEBUNKED’ video, Mehdi breaks down why Stephens’s viral argument – in which he claims that calling Gaza a genocide is “farcical” – is total BS. Watch the full video above to watch Mehdi bring the receipts and show Stephens how real journalism is done.
Iran Issues List of Demands, Complicating Efforts to Reopen StraitThe head of Iran’s Supreme National Security Council said that the Strait of Hormuz would remain closed until the United States met certain conditions.www.nytimes.com/2026/08/08/w…
Trump on the Iran war this morning:"We are low keying it," and plans to wait Iran out economically. “It will work out. It always works out.”www.axios.com/2026/08/09/t…
President Jimmy Carter was a good & decent man who loved our country and served it loyally in the U.S. Navy, as Governor of Georgia and as President. My first vote was for his opponent for re-election, Ronald Reagan, but despite his flawed Presidency he was a great American. RIP.
Sen. Chris Murphy: "Donald Trump has lost this war. America is weaker, Iran is stronger, the price to reopen the strait increases by the day, the supposed 'deal' that's on the table right now would pay Iran $100 billion a year in order to reopen the strait … what a victory for… pic.twitter.com/0P9AtH5oR3
Vance: I’ve had moments where I felt the presence of God. A friend and I were talking about Christianity and there was this moment where a glass fell off the wall. I think an atheist would dismiss that, but it felt like God was trying to send me a message. pic.twitter.com/d74LZe55bB
TEXAS POLITICS: Security escorts man out of Ken Paxton’s rally in San Antonio on Saturday after the man yells “you cheated on your wife.” pic.twitter.com/jgonzgz8Il
Here’s that moment from earlier today when someone was kicked out of Paxton’s rally for yelling “You cheated on your wife!” as Paxton was criticizing Talarico’s views on Christianity pic.twitter.com/NnoY7ganel
RAJU: Why use El-Sayed's full name in attack ads? Are you trying to say, 'Hint hint, he's Muslim'?TIM SCOTT: Not at allRAJU: But why not just use the name he goes by?TIM SCOTT: Listen, I go by Timothy Eugene. I get called that all the time.
NEWSNATION: Here's the record — inflation 3.5%, higher than earnings, gas is $4 a gallon, electricity prices continue to go up, and GDP is at 1.5%. Why do Republicans deserve to keep power?
NEWS –> Dems are launching an investigation into Trump's corrupt prosecutions for "vandalism" of Reflecting Pool. They're demanding access to WH-DOJ communications and more.“Participants in this frame-up will be held to account," Jamie Raskin tells me.New piece:newrepublic.com/article/2141…
ICE has now spent over $2.2 BILLION on purchasing 4 private prisons from CoreCivic, with the company banking half a billion dollars on the most recent sale.Of course, ICE will not actually operate these facilities; CoreCivic keeps the contracts to run these places for the foreseeable future.
White House aide Peter Navarro goes ballistic on White House aide Jeanine Pirro: "Never mention her friggin' name to me. Because that woman still refuses to fire John Crabb. When the boss said 'she choked' … Jeanine, are you listening?" pic.twitter.com/GsB6yveGaO
The National Academy of Sciences has removed the climate science section from its reference manual designed for federal judges, following pressure from President Donald Trump, who claimed the nonpartisan handbook contained “fraudulent” information. http://www.courthousenews.com/under-pressu…
Lauren Boebert:“Obama is from Kenya”"Joe Biden molests kids""Democrats are pedophiles""Hillary eats babies and killed Seth Rich"Democrats:"Lauren Boebert’s son arrested. ” (actually true)Republicans:"HOW DARE YOU!”
Tyler Boebert, 21, son of Rep Lauren Boebert (R-CO), charged in new Garfield County felony case. 5 counts incl. sexual exploitation of a child. Bond $10K, released Aug 9. Boebert's father was also previously convicted on sexual molestation charges. The apple doesn't fall far from the tree.
Tyler Boebert, the 21-year-old son of GOP Rep. Lauren Boebert, is facing multiple felony charges related to the alleged sexual exploitation of a child in Colorado amid his mother’s vulnerable reelection bid.people.com/tyler-boeber…
TEXAS POLITICS: Security escorts man out of Ken Paxton’s rally in San Antonio on Saturday after the man yells “you cheated on your wife.” pic.twitter.com/jgonzgz8Il
Here’s that moment from earlier today when someone was kicked out of Paxton’s rally for yelling “You cheated on your wife!” as Paxton was criticizing Talarico’s views on Christianity pic.twitter.com/NnoY7ganel
Sean Cassidy, 53, of Pawtucket, was charged with coercion and enticement of a minor and false impersonation of a federal employee.https://bit.ly/3TCVj3N
In 1993, Trump signed a mortgage for a Florida home, pledging it would be his principal residence. Seven weeks later, he attested a neighboring property would also be his principal residence.
Still more frivolous litigation:Trump says he’ll bring ballroom fight to Supreme Court after lower court halts workwww.washingtonpost.com/politics/202…
Education Secretary Linda McMahon tried to ditch a priority for blind vendors on Army bases, part of a broader administration attack on disability rights.
Truth & Accountability ProjectThe Sewing Box, a Black-owned family business, has made the Navy’s Blue Angels team’s uniforms for 43 years. Pete Hegseth just canceled their contract and gave it to a business that charges 4x as much. We are literally paying for his hate.
Hegseth decapitates another top general. Lt. Gen. Charles Costanza, commander of the Army’s V Corps, was removed from command in recent days. Apparently he makes Hegseth feel insecure. abcnews.com/Politics/top…
Brown University has a widget that tracks the cost of the Iran war to American consumers (as contrasted to whatever the Pentagon is spending). Per-household cost now exceeds $600. iranwarcost.watson.brown.edu
We live in a country where the entire political and media class talks about antisemitism every day, conflates antisemitism with criticism of Israel, meanwhile prominent Republican members of Congress are saying this with zero pushback from political or media elites. https://t.co/gfF6dDVGYT
Not even 25 years after Muslim terrorists flew planes into the Twin Towers, New York City is being overrun by the very people who want to see this country burn.
This is an invasion. There is no other way to put it.
Dr. Oz is Muslim and literally works for Trump. Congratulations, Nancy, you just called Trump’s own CMS Administrator a Trojan horse. Absolute clown show, fucking dummy. https://t.co/PWazZ3UNwu
If someone made this exact same statement — but replaced "Muslim" with "Jew" — their career would not only be instantly and permanently destroyed, but their families, banks, communities and employers would be relentlessly hounded until they were denounced, disowned and banned. https://t.co/xHT4pXYCjM
Trump’s hair gets a Las Vegas makeover, sparking memes, lighting theories and a fresh round of scrutiny of the president’s famous mane https://t.co/b6fLaXQGxr
Eerily similar to the verbiage on the Access Hollywood tape, except instead of bragging about assaulting women he’s talking about pilfering historical artifacts, most of which we will likely never see again. https://t.co/MNrTIUZqa1
Trump govt offers grants of $500,000 to change UK politics.Foreign money for right wing groups.Disguised as “public education” it promotes MAGA propaganda on abortion, regulation, hate speech, climate change, diversity and more.Is UK the 51st state?
Trump was just fundraising in a “blue state” he calls a “threat” — our “blue state” and “blue cities” are keeping “his” government afloat right now. https://t.co/sMnPXzgcir
This is hilarious…Trump endorsed a black man named Amir Hassan, but that wasn’t enough for MAGA/Republican voters to get past their own #racism, so they voted for a white guy named Thomas Smith… who had dropped out of the race a few weeks ago. 😂www.newsweek.com/trump-endors…
Mike Lindell announced that he is "stepping down as CEO of MyPillow so I can devote 100% of my time and energy to my campaign for Governor of Minnesota." pic.twitter.com/1pYjROGxNt
— Republicans against Trump (@RpsAgainstTrump) August 6, 2026
Trump: "We're taking a lot of oil from Venezuela — billions and billions of barrels of oil. To the victor belong the spoils." pic.twitter.com/VFJuPdrnRy
Trump: We have lifted 100,000 Nevadans off of food stamps. They don’t want to be on food stamps. They don’t need food stamps. pic.twitter.com/EHyDysj6Vj
JUST IN: Trump files emergency motion to try to block BBC from getting details about finances of his business empire in connection with $5-10 billion defamation suit he filed against the network http://www.politico.com/news/2026/08…
Pirro "gave the White House a heads-up last week before filing the motion to dismiss the charge against Mr. Hearn in federal court, although it was not clear if Mr. Trump was briefed."www.nytimes.com/2026/08/04/u…
It’s only been a few hours since the first viable Muslim Senate candidate won a primary and his GOP opponent is already running ads featuring Osama bin Laden and 9/11.
Mayor Zohran Mamdani announces that New York City is issuing cease and desist letters to more than 40 retailers selling illegal e-bikes (generally, vehicles that can go faster than local speed limits allow). The targeted retailers include Amazon and Best Buy.
At a rally in Las Vegas today, Trump supporters booed as Gov. Joe Lombardo (R-NV) tried to lead a moment of silence for Officer Austin Abdelnabi, who was recently killed in the line of duty.
Latest: Trump administration plans to award a $150M contract to Houston based law firm with ties to administration. The contract is set to run for a year and provide legal services to unaccompanied imm. kids, just days after contract with network expired.https://t.co/t1S2IWyWzq
One of our TPUSA college students gave me his take on affordability:
“A burrito shouldn’t cost $20.”
Yeah, a lot of this is a hangover from Covid and Biden-era inflation, but the lived experience is the same: It just feels like basic things cost too much. https://t.co/GEvmbea57o
FAA investigating air safety incident involving Trump’s Marine One helicopter and passenger plane. I expect Sean Duffy will blame Biden … again.www.cnn.com/2026/08/05/u…
Sailors fighting Trump’s war with Iran are washing in moldy showers and rationing meals in the ninth month of a mission that shows zero signs of ending. https://t.co/0Oru8CKdlA
EXCLUSIVE: President Donald Trump’s frustration over the Iran war boiled over at Camp David last week, where he demanded answers from Defense Secretary Pete Hegseth on why he had apparently been misled on extreme munitions shortages that now threaten to limit military options…
I was at Camp David with President Trump and Secretary Hegseth. This literally never happened, and we told the Washington Post that repeatedly. This B.S. story was shopped to many outlets by someone clearly out to disparage the Secretary, for whatever reason. Unfortunately for… https://t.co/BUwn11nC52
— Adam Kinzinger (Slava Ukraini) 🇺🇸🇺🇦 (@AdamKinzinger) August 6, 2026
We said no more foreign wars and we meant it and supported Donald Trump because he made that promise. But he’s betrayed us all. Our commitment is America First for all Americans, right, left, and center. The movement has begun. pic.twitter.com/mZXadw0kBr
— Former Congresswoman Marjorie Taylor Greene🇺🇸 (@FmrRepMTG) August 1, 2026
New Mexico sues the Department of Justice and Acting Attorney General Todd Blanche, saying the federal government blocked the state’s ability to investigate the sex crimes of financier Jeffrey Epstein at a ranch there. https://t.co/SijN4WxXJv
If you read the law it lets anyone claim to be offended by any media and that it doesn’t need to be declared obscene to be labeled obscene. Why is that? Because to a small group of very vocal haters just the existence of LGBTQ+ people is obscene. It offends their god so it offends them. But don’t try to claim the Bible is obscene or pushes offensive stuff it has special carve outs that make all the icky bad parts OK. I hope this will be appealed to the full appeals court as this attempt to errase an entire population of people based on bigotry must not be allowed to stand. I also just read where the education department under the hypermaga education secretary will not be enforcing or even recording the bullying and abuse of the LGBTQ+ kids at school. Her view is let the little fagots fend for themselves it seems. Remember she and her husband turned a blind eye to the many young boys being sexually assaulted by the wrestlers in their group.
Also the majority of the three judges panel said that the three patrons did not have standing to object because no books had been banned yet. They seem to have a wait and see if the victim is stabbed before taking the knife from the threatening person. That is stupid. Everyone knows what the law is intended to do and the writers of the law admit that openly. It seems the tRump appointed judges want to let attacks on the librarians and on the books that mention gay, lesbian, bisexual, transgender, non-binary, and questioning kids / people be removed as soon as possible knowing it is harder to put them back than to ban them in the first place. Hugs.
The “social section” in Crawford County Library’s Van Buren branch (Screenshot from court documents)
A federal appeals court ruled Thursday that Arkansas’ 2023 law restricting access to library materials can go into effect, three years after a judge blocked two sections of the law on First Amendment grounds.
The three-judge panel from the 8th U.S. Circuit Court of Appeals in St. Louis ruled that the 18 plaintiffs had no standing to challenge one section of Act 372 and failed to prove that the other section was unconstitutionally vague.
The two sections create criminal liability for librarians who distribute content that some consider “obscene” or “harmful to minors,” and give city and county governing bodies the final say over library content.
Republican Attorney General Tim Griffin praised the ruling, saying it “allows Arkansas to move forward in enforcing a law that protects children from obscene materials while increasing accountability for public-library curation decisions.”
The plaintiffs challenging the law include libraries, bookstores, advocacy groups and individual library patrons. Their lead attorney, John Adams, said in a statement that the legal team is “evaluating all available legal options, including further review by the courts,” after Thursday’s ruling.
“Libraries and bookstores should be places where people can freely explore ideas — not where booksellers and librarians face criminal liability for selling, checking out, or even just shelving constitutionally protected books,” Adams said. “The freedom to read is fundamental to a free society and has always been protected by the First Amendment.”
Griffin said Act 372 was meant to “to address legitimate concerns about minors’ access to obscene materials and to establish a process for reviewing challenged content.”
School and public libraries already had content challenge policies before Act 372. The law stalled in the Legislature in 2023 before it was amended to say library materials would be relocated to an area inaccessible to minors, not removed from the premises, if elected officials find them to be “obscene.”
Section 5 of Act 372 allows city and county governing bodies to relocate challenged material if a challenger disagrees with a library panel’s decision to keep it in its original section.
Another section of the law that gave school boards the same authority over school library materials had not been challenged.
Adams told the appeals court in June that Crawford County, a defendant in the case, showed what the law’s restrictions would look like in practice. The county’s five library branches separated LGBTQ+ children’s books from the rest of the collection after public outcry, and county officials cited Act 372 as a reason to maintain these “social sections,” even before the legislation became law.
Crawford County lost a separate federal lawsuit in 2024 after three parents alleged that the “social sections” violated the First Amendment.
The three library patrons who sued over the state law do not have standing because Section 5’s book challenge and relocation policies do not harm the plaintiffs, the appeals court panel said Thursday.
“Plaintiffs are speculating libraries might decide to segregate certain books as part of their curation policies, which they have not yet adopted, or in response to challenges, which have not yet been filed,” the panel wrote.
The librarian and bookstore plaintiffs have standing to challenge the other section of the law because they would be at risk of prosecution for noncompliance, according to the ruling, but the three judges disagreed with Adams’ claim that Section 1 of Act 372 was too vague.
This section makes “furnishing a harmful item to a minor” a Class A misdemeanor. Conviction would lead to a maximum prison sentence of one year.
U.S. District Judge Timothy Brooks wrote that the law’s lack of a definition for terms like “furnishing” and “harmful” could lead to violations of the First Amendment right to freedom of speech.
An unchallenged provision of Act 372 removes schools and public libraries from the part of Arkansas state code that previously exempted them from prosecution for disseminating obscene content. Another unchallenged provision made school and public library employees liable for a Class D felony if they “knowingly” distribute obscene material or inform others of how to obtain it. A Class D felony conviction carries a maximum prison sentence of six years.
However, the language of Section 1 “limit[s] its application to situations when a person knowingly furnishes an item to a minor knowing of the item’s harmful character” and therefore is not too vague, the appeals court ruled.
Chief Judge Steven Colloton wrote in a concurring opinion Thursday that he understood the plaintiffs’ vagueness claim but disagreed with it “because third-party library patrons have no constitutional right to receive unfettered access to books of their choice at taxpayer expense.”
Colloton was appointed to the court in 2003 by then-President George W. Bush and has been chief judge since 2024. President Donald Trump appointed the panel’s other two judges, Ralph Erickson and L. Steven Grasz, in 2017.
Erickson was on the three-judge panel in April that allowed a 2023 Iowa law to go into effect, requiring the removal of books containing “descriptions or visual depictions of a sex act” from Iowa public school libraries.
The removal of the injunction on Act 372 comes as the Arkansas Department of Education has been considering requiring public libraries to restrict children’s access to “sexually explicit materials” in order to receive state funding.
Dozens of Arkansans told the education department in June that they oppose requiring libraries to ensure patrons age 16 or younger cannot check out materials that depict or describe sexual contact and behavior.
The Arkansas State Library Board will meet Aug. 14 to consider sending the rules to a legislative panel for further approval. Republican Gov. Sarah Huckabee Sanders appointed all six board members.
Author Info
Tess Vrbin
Tess Vrbin came to the Advocate from the Arkansas Democrat-Gazette, where she reported on low-income housing and tenants’ rights, and won awards for her coverage of 2021 flooding and tornado damage in rural Arkansas. She previously covered local government for The Commercial Dispatch in Mississippi and state government for the Columbia Daily Tribune in Missouri.
Arkansas Advocate is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
Jameson Land, a remote part of Greenland where the US company Greenland Energy has landed drilling equipment.
Scottie's Playtime 