Industry & Advocacy News
February 4, 2025
NEW YORK, NY (February 4, 2025)—In a powerful stand against censorship, the Authors Guild has united with the nation’s leading publishers and affected individuals to challenge Idaho’s draconian House Bill 710, which was enacted last April to amend Idaho code Section 18-1514 and add Section 18-1517B.
The law bars schools and public libraries from making available books or other written materials that contain representations of nudity or sexual conduct that is “harmful to minors.” The “harmful to minors” language does not adequately incorporate the Miller Test, and the definition of “sexual conduct” includes “any act of … homosexuality.” The Authors Guild is in this vital fight alongside Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks, as well as courageous authors, educators, students, and parents.
“This law is an unacceptable assault on intellectual freedom in America,” said Mary Rasenberger, CEO of the Authors Guild. “By allowing vigilantes to ban books and explicitly target LGBTQIA+ content, this law doesn’t just chill free speech—it freezes it solid. We will not stand by while Idaho effectively criminalizes important works of literature and diminishes the fundamental right of young people to read and learn. It is important to the future of our country that all American students have the opportunity to read literature and learn to think for themselves.”
The dangerously broad definition of “sexual content” has already forced libraries to remove hundreds of vital works from their shelves, including beloved classics such as Kurt Vonnegut’s Slaughterhouse-Five, Toni Morrison’s The Bluest Eye, Margaret Atwood’s The Handmaid’s Tale, and Maya Angelou’s I Know Why the Caged Bird Sings as well as bestsellers including Game of Thrones by George R.R. Martin, I’ll Give You the Sun by Jandy Nelson, The Perks of Being a Wallflower by Steven Chbosky, and Forever… by Judy Blume. This ban also impacts nonfiction, imperiling access to factual resources such as What’s Happening to My Body? Book for Girls by Lynda Madaras and erasing history by removing books about the Holocaust and other historical events.
Even more troubling, the law makes no distinction between materials appropriate for teenagers and young children, imposing a one-size-fits-all restriction that defies common sense and constitutional principles.
“This law represents a clear violation of both the First and Fourteenth Amendments,” said Cheryl Davis, General Counsel for the Guild. “By implementing this sweeping censorship regime and empowering private citizens to act as bounty hunters against libraries, Idaho has created an environment of fear that threatens the very existence of public libraries. The law’s targeted discrimination against LGBTQIA+ content is particularly egregious and cannot stand under constitutional scrutiny.”
The impact of the law has been immediate and devastating. Some rural libraries, unable to afford legal defense against potential lawsuits, have been forced to ban all minors from their premises. The Donnelly Library, a plaintiff in the lawsuit we have been supporting, can no longer even allow children to use their facilities for after-school programs without complex legal waivers. Idaho’s primary insurer of libraries has already announced it will not cover the defense of obscenity claims, leaving these essential community institutions vulnerable to attack.
The Authors Guild has long been at the forefront of defending authors’ rights and fighting censorship. Our involvement in this case is part of a broader effort to combat the alarming rise of book bans across the nation. We are currently co-plaintiffs in ongoing legal actions in Florida and Iowa challenging similar laws that encourage or mandate book banning, with recent victories in Arkansas, Texas, and Virginia.
Oklahoma Anti-Pornography Bill: What It Means for Romance Writers
February 5, 2025
A Shocking Setback: Authors Guild Responds to DOE's Dismissal of Book Ban Cases
January 28, 2025
Authors Guild Files Lawsuit Against Book Bans in Colorado School District
January 16, 2025