Federal Appeals Court Allows Iowa To Enforce a Law Banning ‘Sexual Materials’ From School Libraries

Iowa can enforce its law banning certain books from school libraries after a federal appeals court vacated a lower court’s ruling.In 2023, Iowa’s governor, Kim Reynolds, signed Senate File 486, which requires that books containing “descriptions or visual depictions of a sex act” be removed from school libraries. It also prevents schools from providing instruction related to gender identity or sexual orientation to students in kindergarten through sixth grade.A teachers’ union and book publishers challenged the law, arguing it went “beyond [barring] obscenity” and was overly broad. Last year, a district court blocked the measure.However, on Monday, a three-judge panel on the United States Court of Appeals for the Eighth Circuit vacated that injunction, letting the state enforce the law as the challenge plays out in district court.Two out of the three judges on the Eighth Circuit were appointed by President Trump, and the third is a President Bush appointee. The judges signaled that the challenge was not likely to succeed.The judges found that books in a school library can be considered part of the curriculum, and therefore can be regulated without violating the First Amendment. “It is indisputable that the purposes of a school library are to enhance education, supplement classroom learning and facilitate the development of students’ knowledge and skills,” the court said. “A school library is curated by school officials, educators, librarians, or perhaps some combination of these people. It is supervised by educators and librarians. Given these aspects, under [Hazelwood School District v. Kuhlmeier], a school library bears the imprimatur of the school and is properly characterized as part of the school’s curriculum.”The judges added, “The First Amendment does not guarantee students the right to access books of their choosing at taxpayer expense.”The law also prohibits “any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation.”Opponents of the law took issue with that prohibition, arguing that it would prevent students from voluntarily participating in various student groups.However, the state said that the restriction applied to mandatory classroom instruction, not voluntary student groups. The appeals court agreed with the state, finding after “reading the plain language” of the law, “We cannot say the state’s assertion is wrong.”In a statement, Iowa’s attorney general, Brenna Bird, said, “This is a huge win for Iowa parents.”“Parents should always know that school is a safe place for their children to learn, not be concerned they are being indoctrinated with inappropriate sexual materials and philosophies. I am grateful that our law protecting children was upheld today,” she added. A publisher that challenged the law, Penguin Random House, said in a statement, “While we’re disappointed that the injunction is no longer in place, we are actively evaluating next steps.”“The fight continues, and we stand with authors, educators, librarians and students to protect access to books and the freedom to read,” it said. The ruling comes as another state, Florida, is appealing a federal district court judge’s ruling that blocked the Sunshine State’s law that led to reading material that “depicts or describes sexual conduct” being removed from school libraries. The judge in that case blocked the law, finding that it “does not evaluate the work to determine if it has any holistic value” and “does not specify what level of detail ‘describes sexual conduct.’”

Federal Appeals Court Allows Iowa To Enforce a Law Banning ‘Sexual Materials’ From School Libraries

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