Statement on Idaho Lawsuit Challenging HB 710 and Unconstitutional Censorship

EveryLibrary fully supports the lawsuit filed against the State of Idaho, which challenges House Bill 710 (HB 710) and its unconstitutional restrictions on libraries, authors, publishers, and readers.

This lawsuit, brought by a coalition of major book publishers, authors, students, parents, and library professionals, serves as a critical defense of First and Fourteenth Amendment rights. We commend the plaintiffs for taking this essential stand against government overreach and censorship.

HB 710 is a dangerous and deeply flawed law that undermines Idahoans' fundamental rights to read freely and access knowledge without fear of governmental restrictions. By allowing any member of the public to demand the removal of books they personally object to and imposing financial penalties on libraries that do not comply, the law effectively encourages private citizens to censor public collections. This clearly violates Constitutionally protected free speech.

Libraries exist to provide equitable access for all individuals, regardless of their age, background, or identity. HB 710 has already caused significant harm to communities throughout Idaho, forcing libraries to completely restrict access for minors and pressuring school librarians to remove books with clear literary, artistic, and educational value. As the lawsuit rightly asserts, the language of the law is vague, its application is arbitrary, and its impact is discriminatory.

EveryLibrary has long opposed book bans, censorship, and government policies that threaten the public’s right to read. Idaho’s HB 710 sets a dangerous precedent for the entire country, and it must be challenged in court. We hope the court will recognize the unconstitutional nature of this law and uphold the rights of readers, students, and educators to access information without political interference. 

Idaho's State Constitution has protected free speech since the state's founding. Article I, Section 9 of the Idaho Constitution explicitly states that “every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty.” This foundational principle should guide all public policy decisions in the state, regardless of political perspectives or personal beliefs. Defending constitutional rights cannot be reserved only for issues one agrees with; it must be a consistent and unwavering commitment. Laws like HB 710, which undermine free expression and access to information, run contrary to both Idaho's own constitutional protections and the broader guarantees enshrined in the U.S. Constitution. We urge Idahoans who believe in the freedom to read to support their libraries, speak out against censorship, and join efforts to overturn unconstitutional laws like HB 710.

We extend our deepest gratitude to the plaintiffs—Penguin Random House, Hachette, Macmillan, HarperCollins, Simon & Schuster, Sourcebooks, The Authors Guild, the Donnelly Public Library District, Rocky Mountain High School librarian Christie Nichols, authors Malinda Lo, Dashka Slater, and David Levithan, as well as the students and parents who have bravely joined this fight. Their courage and dedication to defending the Constitution and the fundamental right to read are both inspiring and essential. By standing up against censorship and discrimination, they are safeguarding the future of libraries and intellectual freedom for all.