U.S. publishers file joint lawsuit against Iowa in which Penguin Random House is challenging removal of books deemed objectionable from school classrooms, libraries; Iowa Senate passed a bill that bans books with descriptions or visual depictions of sex

Major U.S. publishing groups Hachette Book Group, Harper Collins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks have joined a lawsuit filed by Penguin Random House Verlagsgruppe and others against the state of Iowa. Bertelsmann’s book division has been fighting the removal of books deemed offensive from school libraries in Iowa since November.

Five major U.S. publishing groups - Hachette Book Group, Harper Collins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks - have joined a lawsuit filed by Penguin Random House against the state of Iowa, in which Bertelsmann’s book division is challenging the removal of books deemed objectionable (“book bans”) from school libraries in Iowa.

“I continue to be proud of Penguin Random House’s leadership in this fight and the extraordinary work that so many of our colleagues have undertaken to move this forward,” writes Nihar Malaviya, CEO of Penguin Random House, in a letter sent out yesterday to the publishing group’s staff. “ And now I am so pleased to see many of our industry peers working alongside us. We remain unwavering in our commitment to protect the right to read and for books to be accessible to all and will continue to stand with our authors and readers.”

In May 2023, the Iowa Senate enacted “Iowa Senate File 496” (SF496). It bans books with descriptions or visual depictions of sex - regardless of context - in public school and classroom libraries for students through twelfth grade. SF496 also bans books that refer in any way to gender identity or sexual orientation from school and classroom libraries for students up to sixth grade. Such a ban would then also affect literary classics such as “Beloved”, “Song of Solomon” and “The Bluest Eye” by Toni Morrison, “Ulysses” by James Joyce, “As I Lay Dying” by William Faulkner, “Forever” by Judy Blume, “The Handmaidʼs Tale” by Margaret Atwood, “1984” by George Orwell, “Brave New World” by Aldous Huxley, and “Native Son” by Richard Wright.

Following SF496’s enactment, last November Penguin Random House, along with the Iowa State Education Association (ISEA), well-known authors Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult, three educators, and a high school student, filed suit against the law, arguing that it violates the 1st and 14th Amendments to the U.S. Constitution. A U.S. District Court then suspended SF496 shortly before it came into force. The state filed an appeal, and the case is now before the next higher court, the Eighth Circuit Court of Appeals.

“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,” reads a joint statement issued by Hachette Book Group, Harper Collins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks. “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.”