Publishers File Lawsuit Against Idaho Over Library Book Restrictions

The lawsuit argues that the state's definition of ‘harmful materials’ banned for those under 18 is unclear and overly broad, potentially endangering librarians. A group of major publishers is suing the US state of Idaho over a book-banning rule. People younger than 18 are not allowed to read books in school or public libraries that are considered "harmful to minors," which includes books that show "sexual conduct." This law was passed in July of last year.

Classic and Popular Books Among Banned Titles

Classics and hits like "The Bluest Eye" by Toni Morrison, "The Handmaid's Tale" by Margaret Atwood, "Game of Thrones" by George R. R. Martin, and "What's Happening to My Body?" Books for Girls by Lynda Madaras are all banned. Penguin Random House, Hachette Book Group, HarperCollins, Macmillan, Simon & Schuster, and Sourcebooks launched a lawsuit on Tuesday. Three authors, a public library district, the Authors Guild, a teacher, two students, and two parents joined the lawsuit.

Legal Challenge Follows Similar Lawsuits

This lawsuit, which follows those against Florida and Iowa, is the third state-level publisher-led lawsuit regarding book restrictions. Dan Novack, associate general counsel at Penguin Random House, stated that the Idaho law exceeds previous legislation by removing classic books from public libraries and schools. The lawsuit contends that HB 710's definition of "harmful" materials is "vague and overbroad." The law permits private citizens to submit complaints, which places librarians in the untenable position of attempting to predict whether any public member may file an objection to a book whose message they disagree with by asserting that the text lies within the law's definition of harmful material.

Libraries Forced to Remove Books or Restrict Access

Libraries, many of whom lack the financial resources to mount a defense in litigation, have proactively withdrawn books from their collections in reaction to the law. “This form of self-censorship is detrimental to First Amendment rights,” stated Michael Grygiel, an adjunct professor at Cornell Law School’s First Amendment Clinic, defending the plaintiffs. The law mandates that libraries implement “reasonable steps” to limit access for anyone under 18 to “harmful” literature. Therefore, libraries must either eliminate such materials totally, create “fully monitored, cordoned-off” portions exclusively for adults, or transition to an “adult-only” library model.

Small Libraries Struggle to Comply

The Donnelly Public Library, a plaintiff in the lawsuit, transitioned to an adult-only library in May of the previous year due to its insufficient size to accommodate a separate adult department and inadequate resources to evaluate all books in its collection for compliance with HB 710. Individuals under 18 are prohibited from entering the library unless their parent or guardian has completed a three-part waiver.

Impact on Community and Library Services

“Our programming, which offers the sole after-school care option in Donnelly, has been significantly affected, as children cannot enter the building to utilize the restroom or maintain warmth without a complicated waiver,” said the library director, Sherry Scheline.

Declining Circulation and Restricted Access to Books

Scheline also said, “Our circulation has also diminished considerably.” Materials checked out from the library decreased by 42.8% in the six weeks following the implementation of the legislation relative to the previous year. Following the rule's enactment, works relocated to adult-only sections or withdrawn from libraries include A Clockwork Orange by Anthony Burgess, I Know Why the Caged Bird Sings by Maya Angelou, and Slaughterhouse-Five by Kurt Vonnegut.