(NEW YORK)— PEN America today condemned two court rulings that vacated a preliminary injunction against Iowa’s book banning statute and held that schools or state legislatures “can categorically prohibit sexual content or profanity in school libraries without running afoul of the First Amendment.” One decision also vacated the district court’s preliminary injunction of a section of the statute barring school districts from providing any instruction on gender identity and sexual orientation.
Elly Brinkley, staff attorney for U.S. Free Expression Programs at PEN America, said:
“The Eighth Circuit’s decision is wrongheaded both legally and pedagogically. The court’s characterization of decisions in school libraries as ‘school-sponsored speech’ fundamentally misunderstands the purpose of libraries, which by their nature are meant to be open to a multiplicity of ideas and perspectives. While the court thankfully did not endorse the dangerous application of the government speech doctrine to school libraries, its characterization of libraries as “school-sponsored speech” marks a shift from the library as a site of individual exploration, not a medium through which the school controls access to information.”
She added: “Allowing schools to impose blanket bans on all sexual content does a disservice to students and writers alike. Such restrictions sweep up some of the most enduring and celebrated literary works and deny students the opportunity to read stories that reflect their life, as well as stories that give them insight into the experiences of others. PEN America’s research has also shown that restrictions on sexual content are often applied unevenly and are used as a smokescreen for discrimination against LGBTQ+ stories and other marginalized voices. Together with the decision upholding the ban on sexual orientation and gender identity, this ruling will deprive students of the opportunity to learn and prevent them from receiving necessary information.”
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. To learn more visit PEN.org
Contact: Suzanne Trimel, [email protected], 201-247-5057