An American Tragedy

Passed Senate, yeas 34, nays 16. S.J. 671.

Passed House, yeas 55, nays 42. H.J. 770.

Passed Senate, yeas 34, nays 16. S.J. 863.

Passed House, yeas 57, nays 38. H.J. 899.

Signed by Governor. S.J. 1087.

Governor Kim Reynolds signs SF 496 into law. Bans books with sexual content from school libraries and restricts LGBTQ+ instruction K-6.

ACLU of Iowa and Lambda Legal file federal lawsuit (Iowa Safe Schools v. Reynolds) on behalf of 7 Iowa students/families and Iowa Safe Schools. Challenges SF 496 as violating constitutional rights of LGBTQ students.

Second lawsuit filed by Iowa State Education Association (ISEA), Penguin Random House, and four authors challenging SF 496 book ban provisions. Filed 2 days after Iowa Safe Schools lawsuit.

U.S. District Court (S.D. Iowa, Judge Stephen Locher) issues preliminary injunction blocking enforcement of SF 496's library provisions and certain anti-LGBTQ+ classroom provisions. In a 49-page opinion, Locher finds the library provisions 'vague' and 'wildly overbroad,' concluding they cast 'a puritanical pall of orthodoxy' over school libraries, and notes the law had already resulted in the improper removal of 'hundreds of books.' Case: GLBT Youth in Iowa Schools Task Force v. Reynolds, 4:23-cv-00474 (S.D. Iowa).

U.S. Court of Appeals for the Eighth Circuit VACATES the December 2023 preliminary injunction and REMANDS the case to the district court for reconsideration under the Moody v. NetChoice, LLC, 603 U.S. 707 (2024) balancing framework. The panel holds that the district judge applied a flawed legal analysis. Citation: GLBT Youth in Iowa Schools Task Force v. Reynolds, 114 F.4th 660 (8th Cir. 2024), No. 24-1075. Not a ruling on the merits — the case returns to Judge Locher for further proceedings.

Appeals court allows Iowa to enforce law's book ban and restrictions on LGBTQ+ topics in K-6 classes.

On remand, U.S. District Court (Judge Stephen Locher) REINSTATES the preliminary injunction against SF 496's library provisions after applying the Moody v. NetChoice framework as directed. In a 40-page opinion, Locher concludes that 'Senate File 496 is likely facially unconstitutional under the First Amendment' because the number of improperly removed books — of the 3,400 reportedly removed, many were not obscene or pornographic — far outweighs any constitutionally valid applications. Enjoins state defendants from enforcing the library removal provisions and the penalty provisions against educators.

On remand, U.S. District Court again grants preliminary injunction blocking SF 496 enforcement. Second injunction.

Court again blocks key elements of Iowa's school book ban law.

PEN America filed an amicus brief with the Eighth Circuit Court of Appeals supporting Judge Locher's injunction blocking enforcement of the law's book removal provisions.

8th Circuit oral arguments in St. Louis. ACLU/Lambda Legal argue law is too vague; Iowa AG argues educators can implement it.

8th Circuit vacates preliminary injunction on SF 496's library provisions and remands for merits resolution. In Penguin Random House et al. v. Robbins et al. (No. 25-1819), the panel (Judges Smith, Erickson, Kobes; opinion by Judge Erickson) held that school libraries constitute 'school-sponsored speech' under Hazelwood v. Kuhlmeier, and that SF 496's prohibition of books containing 'descriptions or visual depictions of a sex act' is 'reasonably related to legitimate pedagogical concerns' and therefore does not violate the First Amendment. The court rejected plaintiffs' reliance on the Pico plurality as abrogated precedent. As a result, Iowa may once again enforce the library provisions of SF 496 while the case returns to the Southern District of Iowa for resolution on the merits.

8th Circuit vacates second preliminary injunction. Panel rules school library book curation is "school-sponsored speech" reasonably related to legitimate pedagogical concerns. Plaintiffs unlikely to succeed on First Amendment claim. Case remanded to district court for merits. SF 496 now enforceable.