Photo credit: www.publishersweekly.com

Idaho’s Book Ban Law Faces Legal Challenge

Various stakeholders in the book industry are joining forces once again to oppose the latest book banning legislation in Idaho. Known as HB 710, which was enacted on July 1, this law prohibits individuals under the age of 18 from accessing library materials deemed to contain “sexual content,” irrespective of the work’s educational or literary value.

The lawsuit, contesting the law’s provisions concerning book removal, has garnered support from all of the major publishing houses—Penguin Random House, Hachette Book Group, HarperCollins, Macmillan, and Simon & Schuster—alongside Sourcebooks. Joining them as co-plaintiffs are the Authors Guild, several authors, including Malinda Lo, David Levithan, and Dashka Slater, as well as the Donnelly Public Library District and various community members, including a teacher, two students, and two parents.

Central to the legal challenge is the ambiguous definition of “sexual content” presented in HB 710. Penguin Random House criticized this definition as “exceptionally broad, vague, and overtly discriminatory.” The plaintiffs emphasized that the law fails to differentiate among various age groups, summarily categorizing all materials as harmful without consideration for the child’s age or maturity level. This sweeping classification could bar access to a wide range of literature, including seminal works such as Margaret Atwood’s The Handmaid’s Tale, George R.R. Martin’s Game of Thrones, and Judy Blume’s Forever….

The implications of the law extend into nonfiction literature as well, with claims from PRH highlighting that it risks undermining access to essential factual resources, including historically significant texts on topics like the Holocaust. Additionally, even certain picture books might be classified as “harmful to minors” and subsequently removed from library collections.

The plaintiffs argue that the law compels libraries to implement extensive measures to limit minors’ access to materials identified as harmful. Such measures might include isolating these materials in supervised adult-only sections or even removing them entirely from library premises.

The enforcement mechanisms detailed in the law have also raised significant concerns among the plaintiffs. They assert that the provisions empower county prosecutors and the state attorney general to initiate legal actions against libraries and that they encourage private citizens to file complaints against public institutions through a bounty-like system. This legal framework has reportedly led to a preemptive removal of hundreds of books from library shelves across Idaho due to fears of litigation.

In the case of the Donnelly Library, access has been restricted for individuals under 18 unless they are accompanied by a parent or guardian. Sherry Scheline, the library’s director, expressed her frustration, stating, “Libraries should be for everyone. As a result of HB 710, our programming—which includes the only after-school care option in Donnelly—has been severely impacted, with children unable to access the building for basic needs without navigating complex waivers. Our circulation has also significantly declined.”

Dan Novack, Vice President and Associate General Counsel at Penguin Random House, emphasized that HB 710 surpasses previous legislative efforts by enabling the removal of classic literature from public libraries in addition to schools. He remarked that “book bans are real and their damage is profound.”

The Department of Education under the Trump administration recently dismissed concerns surrounding book bans, branding them a “hoax” and eliminating the role of a book ban coordinator within the Office of Civil Rights while also dismissing several civil rights complaints related to this issue.

Michael Grygiel, an adjunct faculty member at Cornell Law School involved in representing the plaintiffs, articulated a strong stance against self-censorship, saying, “This type of self-censorship is inimical to First Amendment liberties and has suffocated the right of Idaho students to read books deemed appropriate for their age and maturity level by their parents.”

In their legal filing with the U.S. District Court for the District of Idaho, the plaintiffs are requesting both preliminary and permanent injunctions to prevent the enforcement of HB 710, as well as the recovery of costs and legal fees. This lawsuit contributes to a broader movement against book removal efforts that have transpired across various states, including Arkansas, Iowa, Texas, and multiple cases in Escambia County, Florida.

Source
www.publishersweekly.com