Stephen Lochner, a federal judge in Iowa, temporarily blocked a state law banning books containing sexual content from school libraries. Lochner’s ruling systematically tore apart the law, which was passed despite no evidence showing the books banned cause harm and is vague enough to cause the removal of hundreds of valuable works of literature.
The Bill in Question
The bill, signed into law by Republican Governor Kim Reynolds in May, bans books containing sexual content from school libraries. It also contains other discriminatory clauses, such as restrictions on teaching LGBTQ+ topics in schools and a requirement that school districts must notify parents if their child requests to change their used pronouns.
Vague Bill
However, the language of the bill was written in such vague, broad terms as to cause hundreds of books to be removed. In one school, more than 500 books were removed, with educators fearful of potential punishment should any of the books be found to fall afoul of the new law.
The Judge Wades In
The language of the bill is so broad, in fact, that it “led school districts and educators to err on the side of removing books out of fear of being penalized for failing to do so.”
Potential Issues Acknowledged
“There very well may be individual books that the Iowa Legislature (or a local school board) could remove,” Lochner conceded, “without running afoul of the First Amendment due to the book’s level of vulgarity and the potential for access by younger students.”
Crux of the Issue
“The problem here, however,” Lochner explained, “is that [the bill] makes no attempt to target such books in any reasonable way. Instead, it requires the wholesale removal of every book containing a description or visual depiction of a ‘sex act,’ regardless of context.”
Key Problem
One problem with this vagueness, Lochner explained, is that it has resulted in the removal from school libraries of “books designed to help students avoid being victimized by sexual assault.”
Sweeping Brush Stroke
In addition to books warning children about sexual assault, the bill forced schools to remove “hundreds of books,” including “nonfiction history books, classic works of fiction, Pulitzer Prize winning contemporary novels, books that regularly appear on Advanced Placement exams,” and many others, Lochner wrote.
One Exception
“The fact that the Bible and other religious texts are exempted from the law makes the problem even worse,” Lochner noted, “as it communicates that religious books with descriptions of sex acts have value after all, while others do not.”
Grounds for Dismissal
According to Lochner, the vagueness of the bill means it violates the Fourteenth Amendment of the Constitution. “The State,” he explained, “will have unfettered discretion to decide when to enforce it and against whom, thus making it all but impossible for a reasonable person to know what will and will not lead to punishment.”
Additional Problems
Lochner also overruled restrictions on teaching LGBTQ+ topics in schools, which he dismissed as also being far too vague. The definition of terms effectively meant the law banned any programs “recognizing that anyone is male or female or in a relationship of any sort.”
Widespread Violation
In fact, Lochner estimated that the bill is so vague that “every school district and elementary school teacher in the State has likely been violating it since the day the school year started.”
The Battle Continues
Lochner’s ban will last until the case is litigated. Governor Reynolds said she was “disappointed” by the ruling.
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