Judge overturns ‘unconstitutional’ Missouri law banning ‘explicit sexual materials’ in schools

JACKSON COUNTY, Mo. (KCTV) - Three years after a new law went into effect penalizing school employees for giving students “obscene materials,” a Jackson County judge has ruled in favor of Missouri library advocates, saying it was unconstitutional.

In February 2023, the American Civil Liberties Union of Missouri (ACLU) filed a lawsuit on behalf of the Missouri Association of School Librarians (MASL) and the Missouri Library Association (MLA). The lawsuit alleged that a recently enacted law was unconstitutionally vague and violated free speech rights.

Background

Section 573.550 RSMo., a provision of the larger Senate Bill 775, created a new misdemeanor crime in Missouri: “providing explicit sexual material to a student.”

In summary, it prohibited anyone affiliated with an elementary or secondary school (teachers, librarians, coaches, guidance counselors, etc.) from assigning, loaning, or otherwise facilitating a student receiving “explicit sexual material.”

“Explicit sexual material” included, but was not limited to, the depiction of sexual intercourse, masturbation or the emphasized depiction of adult genitalia.

According to the ACLU, Section 573.550 caused librarians and “schools across the state to remove hundreds of books from library shelves, change their policies, and limit electronic access.

Ruling

The court sided with the ACLU, MASL and MLA on Nov. 17, 2025, thereby making Section 573.550 unenforceable.

Jackson County Circuit Court Judge J. Dale Youngs found that it was unconstitutionally vague and overbroad, based on the Missouri Constitution’s Article 1, Sections 8 (freedom of speech) and 10 (due process of law).

The ruling further noted that it is already illegal to give minors obscene materials via Section 573.040, RSMo.

“Missouri school librarians welcome the court’s finding that § 573.550 was unconstitutionally vague and overbroad, restoring our ability to support students’ literacy without fear of arbitrary enforcement,” said Jenn Baldwin, Missouri Association of School Librarians president. “This decision affirms our work as Missouri school librarians to respect parental rights to help their own children select diverse books appropriate for them.”

Gillian Wilcox with the ACLU of Missouri affirmed Jenn’s statement, saying in part:

“The court saw Senate Bill 775 for what it is, an unconstitutional censorship law that used the threat of fines and imprisonment to eliminate the guidance of professional librarians and parents.”