Several prominent book publishing companies, a small public library, and additional entities are taking legal action against Idaho officials concerning a regulation that mandates libraries to restrict certain books to an adults-only section if community members raise concerns that they may be “harmful to minors.” The Donnelly Library, alongside Penguin Random House and other plaintiffs, argues that this law is excessively vague and infringes upon the First Amendment rights of students, librarians, and residents, as it requires the segregation of renowned literary works such as “Slaughterhouse-Five” and “A Clockwork Orange.”
This is the second lawsuit of its kind filed in Idaho, following a previous case initiated last summer by a coalition of smaller private schools and libraries, which remains ongoing. Similar lawsuits have surfaced in various states, including Arkansas, Iowa, Florida, and Texas, involving laws that restrict access to specific books in libraries and schools.
The legal representatives for the plaintiffs indicated in the lawsuit, submitted to Idaho’s federal court this week, that many individuals are first introduced to these significant works during their time in schools or local libraries, guided by trained educators and librarians. However, they claim, Idaho now imposes a mandate that either forces public schools and libraries to isolate such books from younger audiences or exposes them to legal challenges and potential damages for permitting minors to access these recognized and valuable literary pieces.
Idaho Attorney General Raul Labrador, named as a defendant in the lawsuit, has not provided a response to inquiries for comment. The American Library Association has noted a dramatic increase in book banning initiatives in recent years, accompanied by a surge in complaints regarding supposedly inappropriate reading materials, often organized by conservative groups like Moms for Liberty.
In response to the growing momentum for book-banning, some lawmakers in Republican-led states have enacted new punitive measures, which can entail lawsuits, fines, or even imprisonment for libraries or individuals involved in distributing materials labeled as unsuitable. Conversely, several Democratic-led states, including Washington and Illinois, have enacted laws prohibiting such book bans.
The new law in Idaho, which came into effect last year, instructs schools and public libraries to relocate any material considered “harmful to minors” to an adults-only section, or face litigation. Under the law, if a community member challenges a book’s suitability, libraries are allotted 60 days to resolve the complaint, or they open themselves up to being sued for $250 in damages by children or their guardians. Idaho’s legal definition of obscene materials has been cited in the law and reportedly includes “any act of homosexuality.”
The Idaho Library Association previously expressed concerns about the law’s vagueness and subjectivity, stating that it could significantly restrict public access to information. The lawsuit claims this predication has proven true. The only after-school program in Donnelly, a small town of approximately 250 residents, is operated by the Donnelly Public Library, which was required to prohibit minors’ entry unless parental waivers were obtained first.
This ruling is particularly problematic because the library operates in a small log cabin and a few teepees, making it impossible to allocate space for an adults-only section for certain books like “The Handmaid’s Tale,” according to the legal claim. Christie Nichols, a librarian at Rocky Mountain High School in the state’s largest school district and a plaintiff in the case, reported that she received instructions to remove around 30 books from her library and return them to the West Ada School District headquarters, regardless of her belief in their significant literary, artistic, political, or scientific value. This directive was in response to a list of approximately 60 titles identified as controversial by the district.
Additionally, two students have joined the lawsuit. One, a 17-year-old from Lewiston, expressed frustration that despite participating in college-level classes through a dual-credit program, he is unable to access books that he believes are essential for his educational growth. Meanwhile, an 18-year-old student from Meridian stated that even though she is legally old enough to check out the restricted books from her school library, the pathway to accessing them remains unclear.
