Features

How We’re Fighting Censorship: Legal Action

See how we’re defending books in court.

How We’re Fighting Censorship: Legal Action

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. 

CASE FILINGS: PRH Challenges

Penguin Random House, LLC, et al. v. Florida State Board of Education, et al.

Filed: August 2024

PENGUIN RANDOM HOUSE, FIVE ADDITIONAL PUBLISHERS AND AUTHORS GUILD FILE LANDMARK LAWSUIT AGAINST STATE OF FLORIDA FOR UNCONSTITUTIONAL BOOK-BANNING PROVISIONS WITH HOUSE BILL 1069

Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks have filed a lawsuit against Florida public officials, challenging sweeping book removal provisions of HB 1069, an education law that restricts books in school libraries. The additional plaintiffs joining the publishers are the Authors Guild, bestselling authors Julia Alvarez, Laurie Halse Anderson, John Green, Jodi Picoult, and Angie Thomas, two students, and two parents.

As a result of HB 1069, hundreds of titles have been banned across the state since the bill went into effect in July 2023. The list of banned books includes classics such as Brave New World by Aldous Huxley, A Tale of Two Cities by Charles Dickens, For Whom the Bell Tolls by Ernest Hemingway, and The Adventures of Tom Sawyer by Mark Twain, as well as contemporary novels by bestselling authors such as Margaret Atwood, Judy Blume, and Stephen King. Among nonfiction titles, accounts of the Holocaust such as The Diary of a Young Girl by Anne Frank have been removed.

HB 1069 requires school librarians to remove books that contain anything that can be construed as “sexual conduct,” with no consideration of the educational value of the work as a whole. If “a parent or a resident of the county” objects to a book, the book must be removed within five days and remain unavailable until the objection is resolved. There is no requirement to review a book within a reasonable time frame—or even to return it if it has been found not to violate the statute. If a book is returned to the library, an objector may request a review by a state-appointed special magistrate at the expense of the school district.

Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks issued a joint statement: “As publishers dedicated to protecting freedom of expression and the right to read, the rise in book bans across the country continues to demand our collective action. Fighting unconstitutional legislation in Florida and across the country is an urgent priority. We are unwavering in our support for educators, librarians, students, authors, readers—everyone deserves access to books and stories that show different perspectives and viewpoints.” 

Penguin Random House, LLC v. Robbins 

Filed: November 30th, 2023 

PENGUIN RANDOM HOUSE FILES LAWSUIT AGAINST IOWA FOR FIRST AND FOURTEENTH AMENDMENT VIOLATIONS

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 prohibition against sex applied to grades K-12 and the orientation/identity provision to grades K-6. The challenge seeks a federal court order 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.”  

Updates:   

  • December 2023: In response to the lawsuit, the state acknowledged that the orientation/identity provisions does not apply to libraries. A federal judge granted Penguin Random House’s request to block the remaining ban on sexual content. Judge Stephen Locher criticized the law as “overly broad” and noted it likely violated the First Amendment. Read more here. 
  • April 2024: Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks have joined Penguin Random House, the Iowa State Education Association, authors Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult; three educators, and a high school student in a lawsuit against the state of Iowa.  The five new publishers in the suit issued a joint statement: “We as publishers are uniting in our unwavering commitment to stand with educators, librarians, students, authors, and readers against the unconstitutional censorship measures being imposed by the state of Iowa. The alarming rise of book bans across the country demands our collective action. Now, more than ever, we must stand firmly with our authors and readers to defend the fundamental right to read and the freedom of expression.” Read the full press release.
    • June 2024: The 8th Circuit Court of Appeals in St. Paul, MN heard oral arguments in Iowa state’s quest to overturn the December 2023 injunction blocking SF 496.  
    • August 2024: In a victory for PRH, the 8th Circuit rejected Iowa’s argument that library curation is government speech, a doctrine that would eliminate any First Amendment protections in libraries. The Court remanded the case for further deliberation on whether the statute’s unconstitutional effects outweigh Iowa’s legitimate educational objectives. 

    PEN American Center Inc v. Escambia County School District
    (Penguin Random House named co-plaintiff)

    Filed: May 2023 

    PENGUIN RANDOM HOUSE JOINS PEN AMERICA, AUTHORS, AND PARENTS IN LAWSUIT AGAINST FLORIDA SCHOOL DISTRICT OVER UNCONSTITUTIONAL BOOK BANS 

    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. 

    Updates:  

    • 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. 
    • January 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. 

    Trade Association Filings: American Association of Publishers 

    Book People vs. Wong 

    Filed: July 2023 

    AAP JOINS TEXAS BOOKSELLERS IN CHALLENGING HB900

    July 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 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. 

    Updates:  

    • September 2023: Motions Panel for the Fifth Circuit Court of Appeals ordered an Administrative Stay on the previous preliminary injunction, allowing HB 900 to go into effect pending continued court action.
    • November 29: Oral arguments begin at the Fifth Circuit Court of Appeals on July Lawsuit 
    • January 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 businesses. Read more here. 
    • April 2024: The Fifth Circuit denies a rehearing of the case 

    Fayetteville Public Library v. Crawford County, Arkansas 

    Filed: June 2023 

    PUBLISHING COALITION CHALLENGES ARKANSAS LAW THAT THREATENS BOOKS, BOOKSELLERS, AND LIBRARIANS 

    JUNE 2023: 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.

    Updates:  

    Amicus Curiae Brief Filings 

    November 2023: Book People vs. Wong 

    PENGUIN RANDOM HOUSE, BARNES & NOBLE, AND PARTNERS JOIN TOGETHER IN OPPOSITION TO HB900 

    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.” 

    August 2023: Mae M. et al. v. Komrosky and Temecula Valley Unified School District et al. 

    Penguin Random House, The Freedom to Read Foundation, The Authors Guild, the First Amendment Coalition, PEN American Center, Inc., and Freedom to Learn Advocates filed an amicus curiae brief in Mae M. et al. v. Komrosky and Temecula Valley Unified School District et al. Three Temecula Valley School Board members rejected a textbook for its inclusion of Harvey Milk and banned the teaching of “critical race theory.” The resolution restricts the teaching of subjects relating to race, racism, slavery, and social justice. A group of plaintiffs, including students, teachers, and the teachers’ union, asked the courts to overturn the resolution. The brief supports the plaintiffs’ motion for a preliminary injunction, arguing that the board’s policies threaten students’ First Amendment rights.  

    June 2023: LITTLE v. LLANO COUNTY 

    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.