Several major publishing companies have recently joined forces with Penguin Random House in a federal lawsuit against an Iowa state law. This law restricts certain books in schools and limits teachings on sexual orientation and gender identity.
Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks joined the original plaintiffs, which included PRH, the Iowa State Education Association, four acclaimed authors (Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult), and a cohort of teachers and students.
The lawsuit began in November. In a joint statement, the publishers highlighted their commitment to opposing Iowa's unconstitutional censorship and supporting educators, librarians, students, authors, and readers. They emphasized the need for collective action against growing book bans nationwide to defend the right to read and freedom of expression.
Additionally, Lambda Legal, the ACLU of Iowa, and Jenner & Block LLP have filed a separate lawsuit against the Iowa law, alleging it aims to silence LGBTQ+ students and erase LGBTQ+ people from public schools.
The legislation in question, SF 496, became effective in Iowa after Governor Kim Reynolds, a Republican, signed it into law in 2023. It requires public libraries with K-12 school books to be stocked only with 'age-appropriate' books, and books depicting these activities in any way are not allowed.
Under the law, schools shall disclose to parents if their child seeks to use a name or pronouns different from what they were assigned at birth. In addition, the law forbids school officials and personnel from giving parents misleading or false information about their children's gender identity.
The book publishers argued that the law infringes upon students' liberty to read literature that exposes critical issues of human nature and, simultaneously, student's access to LGBTQ+ viewpoints and authors.
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In 2023, citing its broad scope, a federal judge temporarily blocked key parts of SF 496 from being enforced. Judge Stephen Locher's ruling halted two measures: one banning sexually explicit books, which he saw as potentially violating the First Amendment, and another prohibiting teaching about sexual orientation and gender identity in elementary schools, which he found unclear.
Governor Reynolds vehemently opposed the ruling, asserting that discussions about gender identity and sexual orientation are not suitable for children in kindergarten through sixth grade. She stressed that books containing sexually explicit material, as outlined by Iowa law, should not be accessible to children in school libraries. Reynolds expressed frustration with the debate on these issues, advocating for a focus on addressing why young children are excessively sexualized. She pledged to preserve children's innocence.
The state has appealed the ruling to the Eighth Circuit Court of Appeals. In their March 11 submission, state attorneys argued that Judge Locher's decision was flawed on various technical grounds. The plaintiffs submitted their brief on April 11, urging the appeals court to uphold the injunction.
The plaintiffs stood firm in their dedication to safeguarding the fundamental right to read and the freedom of expression amid the ongoing legal dispute. They argued that book bans and censorship measures are unjust and detract from students' educational experiences.
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