Legal Challenge Against Book Bans: An Examination of Idaho’s Recent Legislation
In a significant legal development, a coalition of U.S. publishers, including major entities recognized as the “Big 5″—Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, and Simon & Schuster—alongside various authors, parents, teens, and a library district, has initiated a lawsuit against Idaho’s recently enacted HB 710. This legislation restricts the availability of books deemed to have inappropriate sexual content.
This lawsuit emerges amidst a growing crisis concerning right-wing book bans that frequently target LGBTQ+ literature under the guise of safeguarding children. The Idaho law, which officially went into effect in 2024, criminalizes the accessibility of “harmful” books to minors, placing librarians in a precarious position of having to preemptively remove titles that may offend certain groups.
Sherry Scheline, director of the Donnelly Public Library and one of the plaintiffs, highlighted the law’s detrimental effects on her community. She stated that it has transformed their library into a space devoid of youth literature, effectively an “adults only” environment.
A recent press release from the Trump administration’s far-right agenda criticized the Biden administration regarding book bans, declaring it a “hoax” and promoting the restoration of parental rights in directing their children’s education. However, the growing incidence of book bans indicates a serious societal issue, with a PEN America report identifying nearly 6,000 book bans in the U.S. from 2021 to 2023. Alarmingly, 83 percent of these incidents involved literature aimed at young adults or younger audiences.
These book bans mainly result from campaigns led by three right-wing advocacy groups: Moms for Liberty, Citizens Defending Freedom, and Parents’ Rights in Education, which have influenced 81 percent of school districts imposing such restrictions. Conversely, a vast majority of families appear to disapprove of these bans, as evidenced by a PEN report stating that 92 percent of parents, grandparents, and guardians trust librarians to select appropriate materials for children.
Recently, efforts have escalated from banning books only in school libraries to targeting public libraries as well. Many of these restrictions disproportionately affect stories that include LGBTQ+ individuals and people of color, with PEN reporting that 44 percent of banned books feature characters of color and 39 percent include LGBTQ+ characters.
“States have moved from going after school libraries to going after public ones, and from simply removing books to criminalizing the work of librarians.” — Dashka Slater
The lawsuit against Idaho’s HB 710 seeks to challenge these escalating efforts. This legal battle has engaged prominent authors like Dashka Slater and Malinda Lo, both of whom have personally experienced the impact of book bans on their works. Slater noted that the hostile environment surrounding literature has worsened, with actions now criminalizing librarians and witnessing restrictions that even prevent students from bringing their own copies of certain banned books onto school campuses.
Despite these challenges, Slater expressed optimism regarding the publishing community’s response. “Publishers are fighting back. They have the resources and the lawyers to do so… Book bans are incredibly unpopular even among conservatives,” she remarked. In her Substack newsletter, she emphasized the importance of standing firm against censorship and reaffirmed her dedication to advocating for literary freedoms.
Lo, author of the critically acclaimed “Last Night at The Telegraph Club,” which narrates the experience of a queer Chinese American girl during the 1950s, documented 96 cases of her books being banned across 20 states. She asserted, “It’s offensive to have my work mischaracterized this way,” asserting that characterizing queer content as inappropriate is fundamentally homophobic and transphobic.
The movement against book bans has also been bolstered by student activism. In 2023, a group of middle school students staged a walkout in Pennsylvania to express their dissent against restrictive library policies. One student poignantly noted the broader implications of such book bans, warning, “The children of the future will know very little about what the real world is like.”
In a notable legal triumph in Florida, a case involving authors Peter Parnell and Justin Richardson led to the return of 36 previously banned books, including “And Tango Makes Three,” which depicts a true story about two male penguins raising an egg. This case reinforced the significance of challenging censorship and restoring access to diverse literature.
Lauren Zimmerman, an attorney for the authors, highlighted the victory’s importance: “Students will once again have access to books from well-known and highly-lauded authors representing a broad range of viewpoints and ideas.”
The implications of these ongoing legal challenges against book bans are profound, emphasizing the essential role of literature in fostering understanding and inclusivity in society. Continued advocacy in this arena is vital for safeguarding access to a diverse range of voices and narratives in literature.
