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DES MOINES, Iowa (AP) — Iowa cannot, for now, continue to enforce part of its book ban law, a federal judge said Tuesday, giving major publishers that sued the state the second temporary reprieve they requested.
The new decision from U.S. District Judge Stephen Locher again temporarily blocked the part of the law that prohibits school libraries and classrooms from carrying books that depict sex acts.
The law was first approved by Iowa’s Republican-led Legislature and GOP Gov. Kim Reynolds in 2023, but key parts, including the book ban, were temporarily blocked by Locher before they became enforceable. That decision was overturned in August by the U.S. Eighth Circuit Court of Appeals, meaning the law has been enforceable during the current school year.
The appellate court told the lower court that it failed to apply the correct analysis in determining whether to temporarily block the law. In Locher's decision Tuesday, he stated that the unconstitutional applications of the book restrictions “far exceed” the constitutional applications "under both legal standards the Court believes are applicable."
Expecting an appeal, Locher also included an alternative standard where the restrictions could be considered constitutional but added he does not believe it should be applied in this case.
