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America February 6, 2025 3 mins read

Publishers sue Idaho over library book bans

America ı By Rihem Akkouche

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Idaho book ban lawsuit

A coalition of major publishers, authors, librarians, parents, and students has filed a federal lawsuit against Idaho's House Bill 710 (HB 710), arguing that the law unconstitutionally restricts access to books in public schools and libraries.

The lawsuit, filed Tuesday, claims that the law violates the First and Fourteenth Amendments by forcing libraries to remove books deemed “harmful to minors” or face legal penalties. Among the books affected are Toni Morrison’s The Bluest Eye, Margaret Atwood’s The Handmaid’s Tale, and George R.R. Martin’s Game of Thrones.

Publishers, Authors, and Libraries Unite Against HB 710

The plaintiffs in the lawsuit include some of the largest publishers, such as Penguin Random House, Simon & Schuster, HarperCollins, Hachette Book Group, Macmillan, and Sourcebooks. They are joined by the Authors Guild, authors David Levithan, Malinda Lo, and Dashka Slater, as well as the Donnelly Public Library District, a public high school librarian, two students, and a parent.

The lawsuit names as defendants:

  • Idaho Attorney General Raúl Labrador
  • Ada County Prosecuting Attorney Jan Bennetts
  • Valley County Prosecuting Attorney Brian Naugle
  • Nez Perce County Prosecuting Attorney Justin Coleman
  • Eagle Public Library Board of Trustees

The plaintiffs are seeking injunctive relief to block the law’s enforcement, as well as legal costs and attorney fees.

Legal and Constitutional Concerns

According to the lawsuit, HB 710 imposes vague and overly broad restrictions on books that might be considered “harmful to minors,” creating an impossible situation for librarians and educators. The law allows private individuals to sue libraries and schools that make restricted books accessible, further chilling free speech.

"The right to speak and the right to read are inextricably intertwined," the lawsuit states. "Authors have the right to communicate their ideas to students without undue interference from the government."

Critics argue that HB 710 fails to differentiate between books appropriate for teenagers and those for younger children, instead banning access for all minors under 18. The law also disproportionately targets books featuring LGBTQ+ themes, raising concerns of viewpoint discrimination.

Impact on Libraries and Schools

Libraries and schools have responded to the law in drastic ways, including:

  • Moving restricted books to separate, cordoned-off adults-only sections
  • Removing books from public access entirely
  • Converting some libraries into adult-only spaces where minors must be accompanied by a parent or guardian

The Authors Guild CEO Mary Rasenberger condemned the law, stating:
"This law is an unacceptable assault on intellectual freedom in America. By allowing vigilantes to ban books and explicitly target LGBTQIA+ content, this law doesn’t just chill free speech — it freezes it solid."

Legal Representation and Next Steps

The plaintiffs are represented by:

  • Deborah A. Ferguson of Ferguson Durham PLLC
  • Michael J. Grygiel and Daniela Del Rosario Wertheimer of the Cornell Law School First Amendment Clinic

Counsel for the defendants was not immediately available, and state and local officials have yet to respond to the lawsuit.

With publishers suing Idaho over library book bans, the case could set a major precedent for free speech and access to literature in public institutions across the U.S.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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