Protecting Our Children

The Falmouth Republican Town Committee believes that protecting children from sexually explicit material — and keeping parents in charge of what is age-appropriate for their own kids — is a basic duty, not a partisan one.

The Loophole: MGL c.272 §28

Massachusetts law (Chapter 272, Section 28) makes it a crime to knowingly distribute to a minor material that is “obscene” or “harmful to minors.” But the statute’s final sentence carves out an exemption for schools, public libraries, and museums — the very institutions where children spend their days. The result: material that would be unlawful to hand a child on the street can be placed on a school or library shelf.

The Exemption Is Broad — It Shields Any Employee

The carve-out does not just protect the institution — it protects any employee, with no credential, title, or qualification required. The statute reads:

“It shall also be a defense in a prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization…”

Any employee, acting in the course of their employment at a school, library, or museum, is covered.

The Fix: House Bill H.2042

H.2042 was filed in the 194th General Court as a bill “by request” — a bill a legislator is required to submit at a constituent’s request, but is not required to support. The measure was driven by a citizen petition of 137 residents throughout Massachusetts, which gained momentum after the original petitioners testified before the Joint Committee on the Judiciary. It would close the loophole by removing the §28 institutional exemption — so the standard that protects children everywhere else in Massachusetts also applies inside schools and libraries.

Hear the Testimony

Before the Joint Committee on the Judiciary, the citizen petitioners behind H.2042 testified in support of the bill. Lead petitioner Diane Dorrington told the committee the measure is “a bill by request with no legislative support” — and closed with a challenge to lawmakers:

“Our leaders must view Section 28 through the lens of 2025, not 1974.”

Watch the full citizen testimony on YouTube →

What Happened

Rather than receiving an up-or-down vote by the Legislature, H.2042 was sent to a “study order” — a procedural step that set the bill aside without a recorded vote by the full House or Senate. Falmouth Republicans believe families deserve a real vote on protecting children, and we will keep pressing for one.

Where We Stand

• Parents first. What is age-appropriate for a child is a decision for that child’s parents — not for unelected committees or bureaucracies.
• Transparency. Parents have the right to know, and to review, the materials made available to their children in schools and libraries.
• One standard. If material is “obscene” or “harmful to minors” under Massachusetts law, that protection should not stop at the schoolhouse or library door.

Take Action

Contact your state legislators and ask them to support closing the §28 loophole. Come to a committee meeting to learn more and get involved.

Watch: The Issue in Two Minutes

A short overview of what H.2042 does and why the §28 loophole matters for Falmouth families.