A legal challenge has been launched against Utah's law governing the removal of books from school libraries, pitting civil liberties advocates against state lawmakers in a First Amendment dispute. The American Civil Liberties Union of Utah, joined by several authors and students, filed a federal lawsuit arguing the state's process for banning books is unconstitutional censorship.
The lawsuit targets HB29, a state law updated in 2024 to create a system for identifying and removing materials deemed "pornographic or indecent" from K-12 school libraries and classrooms. Proponents of the law call it a necessary protection for children, while opponents argue it silences important voices and restricts students' right to learn.
Key Takeaways
- The ACLU of Utah, authors, and students have filed a lawsuit against the state's school library book removal law, HB29.
- The plaintiffs claim the law violates the First Amendment by allowing for broad censorship based on isolated content.
- State lawmakers who sponsored the bill defend it as a "common sense" measure to protect children from inappropriate material.
- As of this week, 22 books have been removed from school libraries across the state under the law's criteria.
The Heart of the Lawsuit
The complaint was filed in the United States District Court for the District of Utah on Friday. At its core, the lawsuit contends that HB29 is overly broad and vague, violating constitutional protections for free speech. The plaintiffs include the ACLU, authors Elana K. Arnold, Ellen Hopkins, and Amy Reed, the estate of author Kurt Vonnegut, and two unnamed Utah high school students.
According to the filing, the law permits school districts to ban a book based on a single passage or image depicting sex, regardless of its artistic, literary, or political context. The plaintiffs argue this leads to the removal of valuable literature and disproportionately affects books by and about marginalized communities.
One of the anonymous student plaintiffs expressed the impact of the law from their perspective. "When those books disappear, students notice immediately. It sends a clear message about whose stories matter and whose do not," the student stated. "Empty shelves cost us understanding and connection, turning schools from places of learning into systems of control."
A 'Common Sense' Defense
The lawmakers behind HB29 maintain the legislation is a reasonable and necessary tool for local communities. The law's stated purpose is to protect children from harmful content by establishing a clear, transparent process for reviewing challenged materials.
"The legislation simply creates a transparent process for reviewing whether government institutions expose children to explicit sexual content," Rep. Ken Ivory, R-West Jordan, the bill's chief sponsor, said in a statement. "Reasonable boundaries for children are not censorship, they are common sense."
The law's floor sponsor, Sen. Todd D. Weiler, R-Woods Cross, echoed this sentiment, framing the issue as one of local control and child safety. "It’s disappointing that the ACLU wants to proliferate school libraries with porn and other materials harmful to children," Weiler stated, emphasizing that decisions are best made by local school leadership.
How a Book Gets Banned in Utah
Under the process established by HB29, a book is officially removed from circulation in K-12 schools statewide if it is deemed inappropriate by a specific number of school systems. The threshold for a statewide ban is met if a book is removed by:
- At least three school districts, or
- Two school districts and five charter schools.
Once this threshold is met, the title is added to a list maintained by the Utah State Board of Education, mandating its removal from all public school libraries and classrooms. The law does not apply to public libraries.
The Books on the List
Currently, 22 titles appear on the Utah State Board of Education's removal list. The list includes a diverse range of genres and themes, from young adult novels to fantasy series and classic literature adaptations.
Among the banned books are:
- "A Court of Thorns and Roses" series: A popular fantasy series removed for its depictions of sex and violence.
- "13 Reasons Why": A novel about teen suicide that has faced criticism for its handling of mental health issues and scenes of sexual violence.
- "Wicked: The Life and Times of the Wicked Witch of the West": The novel that inspired the hit musical, which includes depictions of sexual violence.
These removals are at the center of the conflict. The lawsuit argues that while some content may be mature, the books as a whole provide significant literary and artistic value that is lost when they are banned outright.
A National Debate in a Local Courtroom
The legal battle in Utah reflects a broader national trend of increasing challenges to books in school libraries. Debates over what constitutes age-appropriate material and who should make that determination are taking place in school boards and statehouses across the country.
Rep. Ivory criticized what he described as a misinterpretation of the law's intent. "The ACLU misguidedly asserts that simply because an author wrote a book, that author has some ‘right’ to expose it to children in K-12 public schools in Utah no matter how indecent or age-inappropriate it may be," he said.
However, the plaintiffs, including the estate of Kurt Vonnegut, whose works have often been the target of censorship attempts, argue that the issue is not about a single author's rights, but about the fundamental right of students to access a wide range of ideas and perspectives. The outcome of this case will likely have significant implications for school libraries not only in Utah but potentially as a legal precedent for similar disputes nationwide.