In a significant ruling on Friday, US Federal Judge Stephen Locher blocked substantial portions of SF 496, a controversial Iowa law limiting the dissemination of books concerning LGBTQ+ and gender identity matters in school libraries. Judge Locher commented that the law’s breadth reached an alarming extent, putting over 500 books, spanning literary classics to self-help books, at risk of being removed.
Iowa had argued that books in a library’s collection represented “government speech,” and under the governmental speech clause, the government could dictate the perspectives it wished to express. This form of speech is not subjected to First Amendment free speech protections since it inherently favors or disfavors particular stances by passing laws.
Contrarily, Judge Locher dismissed this claim, citing several federal cases that classify libraries as “limited public forums” susceptible to First Amendment review. According to this, the government cannot impose unreasonable restrictions that specifically target certain viewpoints. Judge Locher further stated that outright banning a book as opposed to enforcing age-specific or parental consent restrictions imposed an unreasonable burden on students.
The decision was celebrated by the American Civil Liberties Union (ACLU) of Iowa, who had represented the plaintiffs. They expressed a sense of accomplishment, stating that their clients can proceed with their school year, unencumbered by the detrimental impacts of SF496. However, the ruling elicited a firm response from Iowa Governor Kim Reynolds (R), who retorted that sexually explicit books have no place in a school library.
Implemented in May, SF 496 had been set to come into effect on January 1. The law barred educators from discussing gender identity and sexual orientation issues with students up through grade six and called for the removal of all books depicting sexual acts from school libraries. Religious books were exempted, and the law required school authorities to notify a student’s parents or guardians if the student changed their name or pronouns. Judge Locher’s order did not block these portions of the law.
This ruling comes as several states face legal challenges over book ban laws. Texas is currently undergoing a lawsuit against a proposed “book rating system” that would grade a book based on its sexual content. A federal judge halted Arkansas‘ book ban in July due to its vague nature. Interestingly, certain states have sought to outlaw book bans. In June, Illinois passed a law to prohibit book bans, requiring all public libraries in the state to offer a diverse range of materials.