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Wisconsin Watch partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.

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.

Did Madison have a curfew for juveniles until 2023?

Does the 2026 US Farm bill ban products sold by Wisconsin THC and hemp businesses?

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

by Tom Kertscher / Wisconsin Watch, Wisconsin Watch
May 25, 2023

<h1>Would a Wisconsin bill hold teachers liable for using ‘obscene’ materials in school?</h1>
<p class="byline">by Tom Kertscher / Wisconsin Watch, Wisconsin Watch <br />May 25, 2023</p>
<br />
<h2 class="wp-block-heading">Yes.</h2>
<p>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.</p>
<p>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.</p>
<p>The proposals would amend state statute 944.21.</p>
<p>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."</p>
<p>Criminal or civil prosecutions under that law can be filed only with the approval of both the local district attorney and the attorney general.</p>
<p><em>This Fact Brief is responsive to conversations such as <a href="https://www.facebook.com/PakApNews/posts/pfbid0tpwkZSMuotyg9LUuYqBrxeWmbdjqqUvHKh1B56TxD7jfqnpzvEJgcjiUZ5HXaVNol" target="_blank" rel="noreferrer noopener">this one</a>.</em></p>
<p><strong>Sources</strong></p>
<p>WisPolitics&nbsp;<a href="https://www.wispolitics.com/2023/rep-allen-releases-protect-childhood-innocence-bills" target="_blank" rel="noreferrer noopener">Rep. Allen: Releases “Protect Childhood Innocence” bills</a></p>
<p>Wisconsin State Legislature&nbsp;<a href="https://docs.legis.wisconsin.gov/statutes/statutes/944/iv/21" target="_blank" rel="noreferrer noopener">944.21 | Obscene material or performance.</a></p>
<p>This &lt;a target=&quot;_blank&quot; href=&quot;https://wisconsinwatch.org/2023/05/would-a-wisconsin-bill-hold-teachers-liable-for-using-obscene-materials-in-school/&quot;&gt;article&lt;/a&gt; first appeared on &lt;a target=&quot;_blank&quot; href=&quot;https://wisconsinwatch.org&quot;&gt;Wisconsin Watch&lt;/a&gt; and is republished here under a &lt;a target=&quot;_blank&quot; href=&quot;https://creativecommons.org/licenses/by-nd/4.0/&quot;&gt;Creative Commons Attribution-NoDerivatives 4.0 International License&lt;/a&gt;.&lt;img src=&quot;https://i0.wp.com/wisconsinwatch.org/wp-content/uploads/2021/02/cropped-WCIJ_IconOnly_FullColor_RGB-1.png?fit=150%2C150&amp;amp;quality=100&amp;amp;ssl=1&quot; style=&quot;width:1em;height:1em;margin-left:10px;&quot;&gt;</p>
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Would a Wisconsin bill hold teachers liable for using ‘obscene’ materials in school?

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