Three authors and two students are suing Utah over its book ban law, citing First Amendment violations.
In a significant legal challenge to censorship in education, three acclaimed authors and two high school students have filed a lawsuit against the state of Utah, its Board of Education, and three school districts. The lawsuit, initiated with the assistance of the American Civil Liberties Union (ACLU) of Utah, seeks to contest the constitutionality of Utah's recently expanded "sensitive materials" law, which critics argue infringes on the fundamental right to read and access diverse literature.
The complaint was lodged on Tuesday and names award-winning authors Elana K. Arnold, Ellen Hopkins, and Amy Reed, as well as the Kurt Vonnegut Estate. The plaintiffs are asserting that the law, enacted in 2024, allows for the increased prohibition of books deemed "criminally indecent or pornographic" within public schools. This expansion of the law has resulted in a growing list of banned titles, raising the alarm about potential violations of the First Amendment rights of both students and authors.
Tom Ford, an attorney with the ACLU of Utah, emphasized the intrinsic connection between free speech rights and the freedom to read in a statement regarding the lawsuit. "The right to read and the right to free speech are inseparable. The First Amendment protects our freedom to read, learn, and share ideas free from unconstitutional censorship," Ford stated. The lawsuit seeks a federal ruling that would declare the book bans unconstitutional under both the First and Fourteenth Amendments.
As of now, the Utah State Board of Education has identified at least 22 titles that have been flagged by school districts for containing what the law categorizes as "objective sensitive materials." These include works by prominent authors such as Vonnegut and Toni Morrison, whose books have faced removal from school libraries across the state. The list of banned titles includes Arnold's "What Girls Are Made Of" and Hopkins' "Tilt," among others, highlighting a trend that many educators and advocates view as detrimental to student learning and growth.
In its response to the lawsuit, the Utah State Board of Education acknowledged its awareness of the legal proceedings but refrained from commenting on the specifics due to the ongoing litigation. The Board emphasized its commitment to fulfilling responsibilities under state law while supporting local education agencies in serving students.
Critics of the law argue that it imposes overly broad restrictions, applying to any book that contains even a single mention of sex, regardless of context or literary merit. This has raised concerns about the chilling effects of such censorship on educational environments. One of the student plaintiffs articulated this sentiment in a news release from the ACLU, declaring, "Making books disappear sends a clear message about whose stories matter and whose do not. Book bans do more harm than simply removing stories. Empty shelves cost us understanding and connection, turning schools from places of learning into systems of control."
Furthermore, the lawsuit points out the troubling inconsistency within the legislation. It asserts that the law does not differentiate between students of varying ages, treating kindergartners and high school seniors alike. The plaintiffs contend that this approach contradicts other aspects of Utah law, which allows 16-year-olds to consent to certain sexual activities. In contrast, those same students are barred from accessing literature that discusses similar topics, raising questions about legal coherence and educational integrity.
While the plaintiffs recognize the necessity of excluding overtly pornographic material from school libraries, they argue that the current bans extend far beyond what is constitutionally permissible. According to the lawsuit, books that retain value as a whole should not be removed based on isolated passages that might be deemed sensitive. The plaintiffs are advocating for a legal standard that aligns with the Miller-for-minors test, which protects literary works that possess significant artistic, educational, or scientific merit.
The outcome of this lawsuit could have far-reaching implications for educational policy and the landscape of literary access in Utah. As the state grapples with balancing parental concerns over explicit content with the rights of students to access a diverse array of literature, the legal battle may set a precedent for how similar laws are interpreted and enforced across the nation. The plaintiffs remain hopeful that the court will recognize the importance of protecting students' rights to read and learn freely, without the specter of censorship overshadowing their educational journeys. As this case unfolds, it is likely to ignite further discussions about the role of literature in schools and the fundamental rights of students in the face of increasing restrictions.