BEATING BOOK BANS

THE IMPACT

After Idaho passed the most extreme book ban in the nation, we challenged the law. The Ninth Circuit agreed that its key provision was unconstitutional, forcing lawmakers to amend the law and deterring other states from passing similar bans. The newly amended law also confirms that Idaho schools and libraries can offer materials which depict same-sex couples.

THE CASE

Idaho House Bill 710 became effective on July 1, 2024. The law empowered the state Attorney General, county prosecutors, and private “vigilante” citizens to take legal action against schools and libraries if they found material they claimed was “harmful to minors” – based on an overly broad and vague definition that swept in material long protected by the First Amendment under well-settled law

HB 710 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. HB 710 also prohibited materials that included “any act of homosexuality” – including brief references to cohabitation or holding hands.

Private schools and privately funded libraries – including a church with a lending library – alleged that the law violated their First Amendment free speech rights as private entities. Parents of students and minor library patrons argued that the law was a violation of their Fourteenth Amendment right to direct the education and development of their children, independent of State-controlled institutions. Finally, students and minor patrons of the privately funded libraries alleged that the law violated their First Amendment right to read books their schools, libraries, and parents determined were appropriate for their educational, social, and emotional development.

On January 29, 2026, the Ninth Circuit Court of Appeals agreed that a key provision of Idaho’s book banning law is unconstitutional. The Court ruled that the provision is “overbroad on its face” in violation of the First Amendment, and ordered the lower court to block its enforcement while our case proceeds. The opinion also confirms that Idaho schools and libraries can offer materials which depict same-sex couples.

On March 31, 2026, Idaho Governor Brad Little signed into law a rollback of the book bank which removed the key provision which was declared unconstitutional in our lawsuit. The rollback also removed the unconstitutional 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.