BEATING BOOK BANS
NWAIS v. Labrador
Idaho private schools, libraries, students, and parents challenged the most extreme book ban in the nation and the legislature was forced to roll it back.
THE IMPACT
This lawsuit forced the rollback of the most extreme book banning law in the nation and is deterring other states from passing similar bans.
THE CASE
In Northwest Independent Schools v. Labrador a coalition of Idaho private schools successfully forced Idaho to roll back the most extreme book ban in the nation.
Idaho’s law did not distinguish between older minors and younger minors – meaning teenagers could only be provided with material appropriate for five-year-olds. Under the law’s definitions, health and science textbooks, depictions of Michelangelo’s David, and even the Bible were subject to challenge. The law also prohibited materials that included “any act of homosexuality” – including brief references to cohabitation or holding hands.
In January 2026, the Ninth Circuit Court of Appeals agreed that the central provision of the law was unconstitutional. The Court ruled that the provision was “overbroad on its face” and in violation of the First Amendment. In March 2026 Idaho Governor Brad Little signed a rollback which removed the law’s central provision, as well as its prohibition on depicting same-sex couples.
THE TEAM
The plaintiffs were represented pro bono by Free + Fair, Ballard Spahr, Stoel Rives, Latonia Haney Keith, and McKay Cunningham.
CASE DOCUMENTS
Featured Press
Carey Dunne, a lawyer with Free + Fair Litigation Group representing the plaintiffs, said in a statement to the Sun that Idaho lawmakers are engaged in an unprecedented and “wildly unconstitutional” attempt to control speech in private institutions.
IDAHO CAPITAL SUN July 25, 2024
