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The Donnelly Public Library in Idaho
Several large book publishers and a small public library are suing the state of Idaho over its book ban that requires libraries to restrict content "harmful to minors" to patrons 18 and older.
Several large book publishers and a small public library are suing the state of Idaho over its book ban that requires libraries to restrict content "harmful to minors" to patrons 18 and older.
House Bill 710, which went into effect on July 1, allows community members to request that their local library move books they claim are "harmful to minors" to an adults-only section within 60 days or be liable for $250 in damages. There is no appeal process outlined in the law.
"Harmful to minors" includes content that contains "sexual conduct," which the law defines as "any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, the breast."
Penguin Random House and the Donnelly Library, which operates in a town of approximately 250 people, have filed a lawsuit against the state, arguing that the law is a violation of the First Amendment and limits the public's access to information. Donnelly Library stated that it has since had to ban patrons under 18 unless they are accompanied by an adult, as their facility is too small to create an adults-only section.
“Many are first introduced to these books as minors at their schools or local libraries, under the guidance of trained professional educators and librarians,” the suit reads, via the Associated Press. “Not anymore. Idaho now demands that public schools and public libraries either sequester these books — and others like them — away from young people or face the risk of challenge, litigation, and statutory damages for allowing these classic and valuable books to be accessed by minors.”
There were 10,046 instances of individual books being banned in U.S. schools alone during the 2023-2024 school year, according to PEN America, affecting 4,231 unique titles. Most of the targeted titles feature LGBTQ+ characters or characters of color.
The Idaho Library Association said when the bill passed that the law "does not represent Idaho values of local control, individual rights, and personal responsibility," and that its "vague language will have a chilling effect on materials included in library collections and on access."
"Rural communities and small libraries will be disproportionately impacted by the civil cause of action penalties," it predicted.
