Legal News
Federal judge Stephen Locher has filed a preliminary injunction against the state of Iowa’s book-banning law, calling the measure “incredibly broad.” The measure was meant to go into effect January 1, 2024, and would restrict books about sexuality or gender, or with descriptions or depictions of sex, from school libraries and classrooms. It originally banned books with LGBT content as well, but the state of Iowa reversed that position in December.
Penguin Random House and authors Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult filed suit against the measure in November 2023, along with students, teachers, and the Iowa State Education Association. Locher says the law
has resulted in the removal of hundreds of books from school libraries, including, among others, nonfiction history books, classic works of fiction, Pulitzer Prize winning contemporary novels, books that regularly appear on Advanced Placement exams, and even books designed to help students avoid being victimized by sexual assault. The sweeping restrictions in Senate File 496 are unlikely to satisfy the First Amendment under any standard of scrutiny and thus may not be enforced while the case is pending. Indeed, the Court has been unable to locate a single case upholding the constitutionality of a school library restriction even remotely similar to Senate File 496.
Dan Novack, senior counsel at Penguin Random House, said the plaintiffs were gratified by the order. “Our position remains that all viewpoints and perspectives must be made equitably available to readers, and Judge Locher has validated the importance of that with his ruling today. Penguin Random House will continue to stand up for the First Amendment, our authors, their stories and ideas, and the students and educators who have the right to access and discuss books without government interference.” Books removed under the law include Beloved by Toni Morrison and The Handmaid’s Tale by Margaret Atwood. A final ruling is still pending.
The Federal Court of Appeals for the Fifth Circuit unanimously upheld a lower court ruling against the READER Act, a Texas book-banning law, finding the measure unconstitutional. The court also denied the state’s motion for a stay pending another appeal. The ruling says: “The question presented is narrow: Are Plaintiffs likely to succeed on their claims that READER violates their First Amendment rights? Controlling precedent suggests the answer is yes.” The law would have forced booksellers and publishers to apply ratings to their books, or be prohibited from selling to school districts. The plaintiffs, a group of booksellers and publishers, said, “We are grateful for the Fifth Circuit Court of Appeals’ decisive action in striking down this unconstitutional law. With this historic decision the court has moved decisively to ensure the constitutionally protected speech of authors, booksellers, publishers, and readers, and prevent the state government from unlawfully compelling speech on the part of private citizens…. This is a good day for bookstores, readers, and free expression.”
The Tolkien estate prevailed in its lawsuit against author Demetrious Polychron, who wrote, published, and sold novel The Fellowship of the King, which he described as “the pitch-perfect sequel to The Lord of the Rings.” Polychron previously sued the Tolkien estate in April 2024, claiming that Tolkien TV adaptation The Rings of Power infringed on his copyright; that case was dismissed, as his work was itself a copyright violation. The estate filed their own suit, requesting an injunction to stop the book from being distributed. Judge Steven V. Wilson made a summary judgment in the estate’s favor on December 14, 2023, granting a permanent injunction against Polychron’s book and any planned sequels or other works derivative of Tolkien. He was ordered to destroy all copies of the book (physical and electronic). The court awarded Amazon and the estate $134,000 in attorney’s fees for the suit, declaring the suit to be frivolous and unreasonable.
The lawsuit filed by David Spurlock and Vanguard Publishing LLC against Frazetta Properties LLC, Holly Frazetta, and Frazetta Girls LLC was concluded on December 13, 2023. The judge ruled against Vanguard on three counts, and found in their favor on two other counts, including a small monetary award. The Frazetta estate can now conclude its relationship with Vanguard Publishing, allowing them to “redirect their focus towards delivering the exceptional experience Frank Frazetta’s fans deserve through new and promising partnerships.” The lawsuit by the publisher alleged breach of contract and tortious business interference, among other issues.
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