Features
How We’re Fighting Censorship: Legal Action
See how we’re defending books in court.
See more of what we’re doing to support the fight against book bans and learn how you can help here.
Censorship, in the form of book bans, is a direct threat to democracy and our constitutional rights, as well as our mission to create books for everyone.
That’s why we’re defending books in court.
We’ve provided some information about current legal action below. As the conversation surrounding book bans across the country increases, we’ll continue to share updates about Penguin Random House’s efforts.
PENGUIN RANDOM HOUSE FILES LAWSUIT AGAINST IOWA FOR FIRST AND FOURTEENTH AMENDMENT VIOLATIONS
Amidst an increase in legislation aimed at banning and removing books from schools and libraries across the country, on November 30, 2023, Penguin Random House, alongside the Iowa State Education Association, filed a lawsuit against the state of Iowa challenging its recently enacted Senate File 496 (SF 496). PRH and ISEA are joined by four renowned authors whose books have been banned or removed in Iowa – Laurie Halse Anderson (Speak and SHOUT), John Green (Looking for Alaska and The Fault in Our Stars), Malinda Lo (Last Night at the Telegraph Club and A Scatter of Light), and Jodi Picoult (19 Minutes) – three educators, a high school student, and parent.
SF 496 was enacted in May 2023 and prohibits books featuring any depiction of sex, gender identity, or sexual orientation – regardless of context – from public school and classroom libraries. The challenge will seek a federal court injunction blocking enforcement of SF 496 on the First Amendment free speech and Fourteenth Amendment equal protection grounds.
The First Amendment guarantees the right to read and to be read, and for ideas and viewpoints to be exchanged without unreasonable government interference. By limiting students’ access to books, Iowa violates this core principle of the Constitution.
“Our mission of connecting authors and their stories to readers around the world contributes to the free flow of ideas and perspectives that is a hallmark of American Democracy—and we will always stand by it,” says Nihar Malaviya, CEO, Penguin Random House. “We know that not every book we publish will be for every reader, but we must protect the right for all Americans, including students, parents, caregivers, teachers, and librarians to have equitable access to books, and to continue to decide what they read.”
What’s the latest?
In December 2023, a federal judge granted Penguin Random House’s request to temporarily block two key provisions of SF 496. Judge Stephen Locher criticized the law as “overly broad” and noted it likely violated the First Amendment. Read more here.
PENGUIN RANDOM HOUSE, BARNES & NOBLE, AND PARTNERS JOIN TOGETHER IN OPPOSITION TO HB900
On Friday, November 17, 2023, Penguin Random House and Barnes & Noble, as part of a coalition with other publishers, booksellers, and authors, joined together to oppose the Texas READER Act (HB900), which forces booksellers and publishers to label their books for sexual content according to vague and overbroad standards, requires individual parental consent for students to read certain books, and bans others outright.
“The READER Act forces publishers to stigmatize their own books – and authors – by labeling them unfit for students,” said Penguin Random House Associate General Counsel Dan Novack. “It usurps the role of librarians, who apply their professional training in determining which books are right for their communities. Our brief will directly convey to the 5th Circuit the damage READER will cause to publishers like us.”
AAP JOINS TEXAS BOOKSELLERS IN CHALLENGING HB900
On July 25, 2023, The American Association of Publishers, of which Penguin Random House is a member, joined two Texas booksellers (Book People in Austin and Blue Willow Bookshop in Houston), American Booksellers Association, Authors Guild, and Comic Book Legal Defense Fund, to file a legal challenge to the Texas READER Act (HB 900). The lawsuit claims that the bill, which requires Texas school library material vendors to rate books based on sexual content, violates the First and Fourteenth Amendments.
The Reader Act would require vendors, including local and national bookstore owners, to determine “current community standards of decency” and subsequently assign “sexually relevant” or “sexually explicit” labels to books and other library materials based on the presence of descriptions or depictions of “sexual conduct.” The law replaces the long-established rights of local communities to set and implement standards for school materials within constitutional boundaries, and forces private businesses to act as instruments of state censorship on controversial topics under threat of retaliation. Companies that insufficiently comply will be subject to censure through a public listing and Texas schools will be prohibited from purchasing any books from them in the future. The plaintiffs have asked the Court for preliminary and permanent injunctions to enjoin the implementation of the law, which has been signed by the Governor of Texas and is slated to go into effect on September 1, 2023.
For more information, read the joint statement from plaintiffs here and the New York Times piece reporting on the lawsuit here.
What’s the latest?
On January 17, 2024, the Fifth Circuit of the U.S. Court of Appeals upheld a lower court’s decision to block key provisions of HB 900. The judges noted the law was likely in violation of the booksellers’ First Amendment rights and could harm their business. Read more here.
PUBLISHING COALITION CHALLENGES ARKANSAS LAW THAT THREATEN BOOKS, BOOKSELLERS, AND LIBRARIANS
The AAP – of which Penguin Random House is a member – along with other booksellers, librarians, and readers, filed a coalition lawsuit in Arkansas that challenges Arkansas Act 372, which would restrict access to books in bookstores and libraries located within the state and threatens booksellers and librarians who make restricted books available to the public.
As of July 29, 2023, Arkansas has been temporarily blocked from enforcing the law.
PUBLISHERS FILE AMICUS BRIEF SUPPORTING PATRONS OF THE LLANO COUNTY, TEXAS, LIBRARY SYSTEM
On Friday, June 2, 2023, Penguin Random House, the Association of American Publishers (AAP), Candlewick Press, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, and Simon & Schuster filed an amicus brief in support of the patrons of the Llano County Library System in Llano County, Texas, in the case of Little v. Llano County, which claims that public officials violated their constitutional rights under the First Amendment by banning books based on content and viewpoint.
The suit challenges the actions taken by members of the Llano County Commissioners Court, members of the Llano County Library Board, and the Llano County Library System Director, to remove 17 books from the shelves of the public library system. The books targeted by the county include classic and popular children’s books as well as some of the most celebrated and culturally significant works in recent years, including Caste by Isabel Wilkerson, Being Jazz by Jazz Jennings, and Gabi, A Girl in Pieces by Isabel Quintero.
PENGUIN RANDOM HOUSE JOINS PEN AMERICA, AUTHORS, AND PARENTS IN LAWSUIT AGAINST FLORIDA SCHOOL DISTRICT OVER UNCONSTITUTIONAL BOOK BANS
On May 17, 2023, Penguin Random House joined forces with free expression organization PEN America, authors, and parents, in filing a first-of-its-kind lawsuit asserting that the Escambia County School Board in Florida unlawfully removed or restricted access to books about race, racism, and LGBTQ+ identities.
According to the lawsuit, the school board’s removal and restriction of access to these books violates the First Amendment. It further contends that the school district and school board are violating the Equal Protection Clause of the Constitution because the books being singled out are disproportionately books by non-white and/or LGBTQ+ authors, and often address themes or topics related to race or LGBTQ+ identity.
The authors involved in the suit, all of whom have either already had their books removed by the district and/or restricted from student access, include author and children’s book illustrator Sarah Brannen, young adult fiction authors David Levithan, George M. Johnson, and Ashley Hope Pérez, and children’s book author Kyle Lukoff.
On July 21, 2023, an amended complaint was filed with five additional parents joining the lawsuit. This brings the number of parent plaintiffs in the case to seven, with 10 children from diverse backgrounds in elementary, middle, and high school.
What’s the latest?
On January 10, 2024, U.S. District Judge Kent Wetherell ruled that the federal lawsuit against Escambia County School Board can proceed, stating the plaintiffs have standing to pursue their claims under the First Amendment. Read more here.
