logo
Brief Publisher Logo
FACT BRIEF

Would a Wisconsin bill hold teachers liable for using 'obscene' materials in school?

By Tom Kertscher
View this fact brief on Wisconsin Watch
Copy link
email
Copy featured image
email
YES

Lawmakers Rep. Scott Allen, R-Waukesha, and Sen. André Jacque, R-De Pere, announced May 9, 2023 that they are seeking co-sponsors for two bills on “obscene materials” in public schools in Wisconsin.

LRB-0522 would prohibit schools from using state aid to purchase obscene materials; LRB-0423 would remove an exemption for school employees to be held liable for displaying obscene material, according to their announcement.

The proposals would amend state statute 944.21.

That law says material is obscene if, according to “the average person,” it “appeals to the prurient interest if taken as a whole … describes or shows sexual conduct in a patently offensive way." The material also must lack "serious literary, artistic, political, educational or scientific value."

Criminal or civil prosecutions under that law can be filed only with the approval of both the local district attorney and the attorney general.

This fact brief is responsive to conversations such as this one.
Sources
WisPolitics Rep. Allen: Releases “Protect Childhood Innocence” bills
Wisconsin State Legislature 944.21 | Obscene material or performance.
ABOUT THE CONTRIBUTOR
Wisconsin Watch
Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
FACT BRIEF BY
Brief Publisher Logo
Latest fact briefs from Wisconsin Watch
facebook
twitter
email
email
About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.