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The ongoing legal dispute concerning Iowa Senate File 496 has taken another turn, as attorneys for the state defendants have submitted a motion that contests the recent ruling made by U.S. District Court Judge Stephen Locher. His March 25 decision reinstated a preliminary injunction against the controversial book restrictions imposed by the legislation. The motion requests that the U.S. Court of Appeals for the Eighth Circuit re-evaluate Locher’s ruling.
Senate File 496, enacted in 2023, has led to the removal of a significant number of books from public school libraries across Iowa. In his ruling, Judge Locher articulated concerns regarding the law’s constitutionality, suggesting that it is “likely facially unconstitutional under the First Amendment.” This led to an injunction preventing the state from carrying out the provisions of the law that call for book removals and impose penalties on educators.
The legal challenges to Senate File 496 were initiated by Penguin Random House in November 2023, as they sought to contest the legislation. They were later joined in this lawsuit by other major publishers, including those from the “Big Five,” the Authors Guild, and the Iowa State Education Association. Additionally, several individuals, including four authors, two educators from Iowa, a student, and a parent, came together to support the case.
In December 2023, Judge Locher first issued an injunction against the enforcement of SF 496; however, this decision was later overturned by the U.S. Court of Appeals for the Eighth Circuit in August 2024. The appeals court directed the case back to Locher, instructing him to evaluate the law in light of the First Amendment standards established in the U.S. Supreme Court case Moody v. NetChoice, LLC. Subsequently, a new complaint was filed by the plaintiffs in September 2024, which led to Locher’s favorable ruling for the publishers and other parties involved in March.
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www.publishersweekly.com