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On Point | Podcast

Protecting from harm or censorship? Policing educational material in Texas

On Point | Podcast

WBUR

Talk Show, Daily News, News, Npr, On Point, Daily

4.23.5K Ratings

🗓️ 16 May 2025

⏱️ 44 minutes

🧾️ Download transcript

Summary

Texas state legislature just passed a bill that would send doctors, teachers, librarians and more to jail if they provide kids with "harmful" materials. But who decides what's harmful, and what's not?

Transcript

Click on a timestamp to play from that location

0:00.0

WBUR Podcasts, Boston.

0:09.4

This is on point. I'm Magna Chakrabardi.

0:12.6

I can't possibly see anything that contains harmful material that would have any, quote,

0:18.2

serious literary value to a child. I just can't. I don't care if it's a

0:23.2

coming of age story. I don't care if it's a graphic novel. I don't care if it's one page out of

0:28.3

500. I cannot, for the life of me, understand how anyone would take that as a serious literary

0:35.6

value for a child. I just don't.

0:38.3

There's long been general agreement in this country that some materials, be it books,

0:43.3

TV, movies, are inappropriate for children. The debate, of course, has been over differing opinions

0:51.3

on what exactly constitutes inappropriate.

0:55.9

Or in Texas, this legislative season, what constitutes harmful?

1:01.2

You just heard Republican Representative Jared Patterson of Frisco, Texas.

1:05.7

He has sponsored a bill that would criminalize providing harmful materials to children.

1:12.6

The bill sailed through the Texas House by a vote of 92 to 39 and then passed the Texas State Senate 22 to 9.

1:21.3

SB 412 is now on Governor Greg Abbott's desk, and he is expected to sign it into law, meaning doctors,

1:29.1

teachers, librarians, and parents in Texas could go to jail if they give harmful materials

1:36.6

to kids, as deemed by the state of Texas.

1:41.0

Now, how exactly would the state determine what's harmful?

1:45.3

Representative Patterson explained on the state House floor on May 2nd.

1:49.9

In Miller v. California, in 1973, the Supreme Court ruled that a lack of value is evaluated from the lens of the work taken as a whole,

2:04.6

lacks serious literary, artistic, political, or scientific value. That is the existing Supreme Court precedent.

2:07.6

And so it is your understanding under this statute

...

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