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Big Five publishers band together in legal challenge against library 'book ban'
Major publishers, including Penguin Random House (PRH), Hachette Book Group, HarperCollins, Macmillan Publishers and Simon & Schuster, have filed a joint lawsuit in America challenging “book banning” in public and school libraries.
Last night Nihar Malaviya, chief executive officer of PRH, e-mailed authors, explaining PRH was joining other publishers in a legal challenge against House Bill 710 in Idaho, calling it a “blatantly discriminatory, broad and vague law that restricts books in both public and school libraries”.
House Bill 710 was passed in 2024 in the US state of Idaho. It requires libraries to move materials considered harmful to children to an area for adults only. It forbids anyone under age 18 from accessing library books that contain “sexual content”.
Books deemed harmful under the law include Kurt Vonnegut’s Slaughterhouse-Five, Toni Morrison’s The Bluest Eye, Margaret Atwood’s The Handmaid’s Tale, Maya Angelou’s I Know Why the Caged Bird Sings, A Game of Thrones by George RR Martin and Forever by Judy Blume.
The “Big Five” anglophone publishers are joined by Sourcebooks, the Authors Guild, authors Malinda Lo, David Levithan, and Dashka Slater, the Donnelly Public Library District, a teacher, two students and two parents, in bringing the lawsuit challenging the book removal provisions of House Bill 710.
Malaviya wrote in his e-mail to authors: “We will always champion your stories and ensure they reach the readers who need them most. This morning we announced a lawsuit against the State of Idaho – the third historic lawsuit against book banning Penguin Random House has initiated in just over a year – for House Bill 710, a blatantly discriminatory, broad and vague law that restricts books in both public and school libraries.”
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He added: “Today marks an especially significant milestone for all of us at Penguin Random House: This is the third historic lawsuit we’ve initiated against book banning in just over a year. I want to take this moment to state, in no uncertain terms, that Penguin Random House will unequivocally stand up for free expression and work to protect the right to read. These values go hand in hand with our ongoing goal of increasing the content we’re acquiring, publishing and promoting by creators of all backgrounds and identities.”
The lawsuit follows recent legal actions by Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster and Sourcebooks against Iowa and Florida public officials, challenging the book-banning provisions of Senate File 496 (SF 496) and House Bill 1069 (HB 1069) respectively.
The publishers, authors and individuals challenging House Bill 710 are represented by Cornell Law School First Amendment Clinic, with support from affiliated attorney Michael Grygiel, Stanton Fellow Daniela del Rosario Wertheimer, and Deborah Ferguson of Ferguson Durham PLLC.
Sherry Scheline, director of Donnelly Public Library, said: “Libraries should be for everyone. We foster learning, provide resources, inspire creativity and support our patrons. As a result of HB 710, our programming – which includes the only option for after-school care in Donnelly – has been severely impacted, with children unable to step inside the building to use the bathroom or keep warm without a complex waiver. Our circulation has also declined significantly. In essence, it has become impossible to fulfill our purpose of serving the Donnelly community.”
Dan Novack, vice-president and associate general counsel at PRH, said: “Idaho 710 goes even further than previous laws by removing classic books from public libraries in addition to schools. Make no mistake, book bans are real and their damage is profound. We are honoured to support the brave Idahoans challenging this dangerous law. This is the third state-level challenge our publisher-led coalition has filed, demonstrating our shared commitment to protecting the First Amendment rights of authors, educators, readers and all Americans.”
According to Michael Grygiel, an adjunct faculty member with Cornell Law School’s First Amendment Clinic: “HB 710 has resulted in the removal of classic works of literature from library shelves across Idaho as libraries attempt to protect themselves from liability under the law’s vague and over-broad provisions. This type of self-censorship is inimical to First Amendment liberties and has suffocated the right of Idaho students to read books deemed appropriate for their age and maturity level by their parents. In short, the law is an affront to the Constitution. It is a privilege to represent the publishers, authors, libraries, parents and students who have joined this lawsuit to challenge HB 710 and stand up for the First Amendment rights of all Idaho citizens.”
