Five major publishers join federal lawsuit against Iowa law that bans books from schools

Five of the United States' biggest book publishers will join a lawsuit challenging an Iowa law that bans books depicting sex acts from school libraries and restricts instruction about gender identity and sexual orientation through sixth grade.

Publishing companies Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster and Sourcebooks say they have joined Penguin Random House in suing various Iowa public officials in federal court over Senate File 496, a sweeping education law passed in 2023.

The publishers are joined in their lawsuit by four authors whose books have been banned, the state teachers' union, a parent and teachers. The petition alleges the law is too vague and violates constitutional and free speech rights, falsely labels books as pornographic, ignores long-standing legal precedent about obscenity and discriminates against LGBTQ viewpoints.

More: Iowa Poll: Half say new law requiring schools to ban books depicting sex acts goes too far

"We as publishers are uniting in our unwavering commitment to stand with educators, librarians, students, authors, and readers against the unconstitutional censorship measures being imposed by the state of Iowa," the five new publishers said in a news release. "The alarming rise of book bans across the country demands our collective action. Now, more than ever, we must stand firmly with our authors and readers to defend the fundamental right to read and the freedom of expression."

Online court records as of Wednesday morning do not reflect the five publishers joining the case, which The Wall Street Journal was the first to report.

What is the current status of the Iowa book ban lawsuit?

Penguin Random House initially filed its lawsuit in November 2023. The American Civil Liberties Union and Iowa Safe Schools, an advocacy group for LGBTQ students, have filed a separate but overlapping lawsuit challenging Senate File 496, including its restrictions on materials and its requirement that schools inform parents if a student asks to use a different pronoun.

In December, district federal judge Stephen Locher granted an injunction to block enforcement of the book ban and curriculum limitations while the cases are ongoing.

The state has appealed the decision. In a court filing, the state said Senate File 496 protects the rights of parents and ensures students aren't exposed to inappropriate material in schools.

The state claims the plaintiffs do not have standing, with arguments based on subjective fears or a flawed understanding of the law; the law concerns government speech, not private speech; and the library restrictions are a reasonable way for the state to further its interest of educating students with age-appropriate materials.

The cases remain pending.

More: LGBTQ Iowans say state is worse off than 15 years ago, when same-sex marriage legalized

How many books have been banned in Iowa schools?

While the judge's decision blocked enforcement of the book ban, such as sanctions for educators who violate it, it did not require districts to return books to shelves.

The results of Senate File 496 have been inconsistent: many districts have removed no books from shelves in the absence of guidance from the state Department of Education, while others have stripped dozens.

The titles removed also have been fluid and subject to change across districts and schools. Some districts restored the books they removed after the judge's order, while others have kept them off the shelves during the ongoing lawsuits.

To date, the Des Moines Register has documented nearly 2,800 books — 900 of which are unique titles — removed from schools due to Senate File 496 in an ongoing survey of all 325 public school districts in Iowa. That number includes nearly 1,100 books that have since been returned to shelves.

Chris Higgins covers the eastern and northern suburbs for the Register. Reach him at chiggins@registermedia.com or 515-423-5146 and follow him on Twitter @chris_higgins_.

This article originally appeared on Des Moines Register: Five publishers join Penguin lawsuit against Iowa's Senate File 496