Constitutional Law-Restrictions on Books in Public School Libraries-First Amendment-Competing Legal Standards

Defendants appealed the district court’s entry of a preliminary injunction against an Iowa law that required removal of books containing descriptions or visual depictions of sex acts from public school libraries. The district court determined that there was no singular standard for restrictions on First Amendment rights in public schools. The district court decided to apply the obscenity standard and the substantial government interest test to conclude that plaintiffs were likely to prevail on the merits of their constitutional challenge. However, the district court acknowledged that under the standard that evaluated whether restrictions were reasonably related to legitimate pedagogical concerns, state legislators could prohibit sexual content in public school libraries without violating the First Amendment.

Where the operation of school libraries was indisputably part of the school curriculum, the district court erred in the standard it applied in evaluating plaintiffs’ claims, and found that the restrictions in the Iowa law addressed legitimate pedagogical concerns and sufficiently defined the materials that would be restricted from public school libraries.

Judgment is vacated and remanded.

Penguin Random House, LLC v. Robbins (MLW No. 84582/Case No. 25-1819 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Southern District of Iowa, Locher, J. (Eric H. Wessan, Solicitor General, Des Moines, IA for appellants; Patrick Cannon Valencia, Deputy Solicitor General, Des Moines, IA on the brief) (Frederick J. Sperling, Chicago, IL for appellees; Adam J. Diederich, Chicago, IL; Kirstie Ann Brenson, Chicago, IL; Devin K. Ross, Chicago, IL; Mark E. Weinhardt, Des Moines, IA; Todd M. Lantz, Des Moines, IA; Jason R. Smith, Des Moines, IA; Christy Ann Aumer Hickman, Des Moines, IA; Becky S. Knutson, Des Moines, IA; and Katie Schoolen, Des Moines, IA on the brief)