News June 13,2024 | Independence Journal Editorial Team

Iowa Urges Appeals Court to Reinstate Ban on Sexually Explicit Books in Schools

Iowa’s Solicitor General, Eric Wessan, presented arguments before the U.S. Court of Appeals for the Eighth Circuit on Tuesday, urging the court to lift an injunction that has stalled the implementation of Iowa’s ban on sexually explicit books in school libraries. This ban, part of Senate File 496 passed by the Iowa Legislature in 2023, has faced significant challenges from the American Civil Liberties Union (ACLU) and publisher Penguin Random House.

The three-judge panel focused on the necessity of a facial challenge, a legal procedure questioning the unconstitutionality of a law. One judge highlighted that such challenges should only be employed as a last resort. Fred Sperling, an attorney representing Penguin Random House, argued that the crux of the issue lies in the statute’s broad and vague nature, which has resulted in a large number of books being removed from school shelves.

Throughout the hearing, the panel continued to question Sperling and ACLU attorney Thomas Story on the need for a constitutional challenge. The judges suggested that some school districts might be interpreting and applying the law more broadly than its language specifies. In response, Wessan contended that if the injunction is lifted, schools, students, and districts would gain a clearer understanding of the law’s intent and application, integrating it into Iowa’s educational system.

The court also addressed a separate provision in Senate File 496 that prohibits discussions of gender or sexuality in Iowa classrooms. This provision has also been blocked by the injunction. The judges did not provide a timeline for when they would deliver their decision on the matter.

As the debate continues, the outcome will significantly impact Iowa’s educational policies and practices. The state’s legal team remains hopeful that the court will rule in favor of reinstating the ban, believing it will benefit the state’s educational environment.

In the meantime, we’ll have to wait and see if the courts will throw the book at the ban or give it a passing grade.

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