(NEW YORK)— PEN America, the writers and free expression group that has been at the forefront nationally of documenting spreading school book bans, today filed a legal brief in an appeal by the state of Iowa to a federal judge’s ruling blocking enforcement of part of a 2023 law that led to the removal of thousands of books that depict or even mention sexual activity. Classic novels like Ernest Hemingway’s A Farewell to Arms— read by generations of U.S. high school students— were removed from school libraries due to the broad prohibition against sexual content.
Penguin Random House, the country’s largest publisher, five other publishing houses, the Iowa Education Association and several high-profile authors, including novelists Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult, in 2023 sued the state challenging the law. PEN America has previously filed an amicus brief supporting the lawsuit challenging Iowa Senate File 496 when the case was first before the Eighth Circuit. Earlier this year, U.S. District Judge Stephen Locher blocked enforcement of the law, writing that it was too broad and “tries to impose statewide restrictions on what has traditionally been the prerogative of local officials.” The state appealed and the case is now before the Eighth Circuit Court of Appeals.
In its new brief filed with the Eighth Circuit supporting Judge Locher’s injunction, PEN America stated its objections to the law that led initially to the removal of over 3000 books “regardless of the age of the student reader or the books’ value as a whole—both of which considerations are required by the First Amendment.”
The brief argues that the law violates the First Amendment by denying students’ rights to receive information, infringes on authors’ free speech rights, and misapplies the obscenity doctrine. The law’s restrictions, the brief states, “ constitute grave government overreach that has caused substantial harm to Iowan students, the writers who aim to reach them, and the larger culture of free expression.
The law has swept up any book with even a minor reference to sex — even those on advanced placement literature tests. Well-known titles pulled from library shelves include “1984” by George Orwell, “Brave New World” by Aldous Huxley, “I Know Why the Caged Bird Sings” by Maya Angelou, “Looking for Alaska” by John Green, and “The Bluest Eye” by Toni Morrison. In blocking the law, Judge Locher wrote that the removals of books “not pornographic or obscene” represented a “substantial threat” to the First Amendment rights of publishers, students and authors.
Elly Brinkley, PEN America staff attorney, said: “This sweeping Iowa law robs young people of literary classics that have offered sustenance and meaning to generations of readers. These restrictions deprive Iowa students of books that help them understand the world in which we live. We cannot allow a vocal minority of censorship proponents have the final say over what tens of thousands of students can read in school.”
Since 2021, PEN America has been at the forefront of documenting and defending against the unprecedented rise of school book bans nationwide and the spread of educational censorship that target a range of subjects in public school classrooms and on college campuses. Black and LGBTQ+ authors and books about race, racism, and LGBTQ+ identities have been disproportionately affected in the book bans documented by PEN America. In the last school year, the organization reported more than 10,000 instances of book bans.
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. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], (201) 247-5057