Attorneys representing the state of Iowa and civil liberties groups engaged in a contentious legal battle in court on Tuesday over an injunction that halted the enforcement of a law restricting school libraries from stocking books containing content related to sex acts, sexuality, and gender.
The injunction, issued by U.S. District Court Judge Stephen Locher in December 2023, came just days before the law was set to take effect. It was granted in response to requests for relief from Penguin Random House Books and the Iowa State Education Association, who filed separate lawsuits challenging the measure. These lawsuits, also involving the American Civil Liberties Union of Iowa and Lambda Legal, argue that the law infringes upon students’ constitutional rights to free speech and equal protection.
Notable titles affected by the law include “Brave New World,” “Ulysses,” and several works addressing LGBTQ+ and race issues, such as “The Absolutely True Diary of a Part-Time Indian” and “Gender Queer.”
During the hearing before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, attorneys from the Iowa Attorney General’s Office defended the law, asserting that it aims to protect minors from exposure to inappropriate material and does not violate constitutional free speech protections. However, opponents countered that the law undermines the purpose of public school libraries to provide equal access to educational resources for all students, irrespective of their financial means.
Christy Hickman, chief legal counsel for the Iowa State Education Association, emphasized that the argument that students can access banned books outside of school libraries overlooks the fundamental role of public school libraries in ensuring equitable access to educational materials.
Meanwhile, concerns were raised about the constitutionality of questioning the law before its implementation. Iowa Attorney General Brenna Bird defended the law as a “common sense” measure aimed at safeguarding children and parental rights, while the ACLU emphasized the adverse impact of the law on LGBTQ+ students and free expression.
As the appeals panel deliberates on the case, the future implications of the law on Iowa’s educational landscape remain uncertain, with both sides awaiting a ruling that could shape the trajectory of free speech and educational policy in the state.