The Cornell Law School First Amendment Clinic hosted a screening of The Librarians, a documentary tracing how the Krause List — which targeted 850 books in Texas libraries, mostly centered on race and LGBTQIA+ stories — sparked a wave of book bans across the country. Following the September 29 screening, Clinic attorneys and a librarian client on the front lines discussed the Clinic’s lawsuit challenging an Idaho book-ban statute — and the legal, constitutional, and community stakes of this escalating threat to the freedom to read.
The panel included a plaintiff in the Idaho book-ban case, Sherry Scheline, Director of the Donnelly Idaho Public Library, as well as counsel in the case, Daniela del Rosario Wertheimer, a Stanton Fellow with the First Amendment Clinic, and Kelly L. McNamee, a partner in the First Amendment and Media Practice at Foley Hoag. Earlier in the day, the panelists participated in an eCornell Keynote: The Right to Read: A First Amendment Challenge to Book Bans.
The Clinic filed suit in Idaho federal court against the Idaho attorney general, county prosecutors, and others challenging the state’s law, HB 710, which restricts public and school libraries from making constitutionally protected literary works available to minors. The complaint alleges the law is vague, overbroad, and viewpoint discriminatory in violation of the First and Fourteenth Amendments.
HB 710 has drastically altered the operations of some Idaho public and school libraries, especially in small or rural communities. Scheline, who runs a one-room library, has been forced to close her library’s doors to minors to avoid running afoul of the vaguely worded statute. The law has also prevented publishers and authors from spreading their important messages to their core audience—young readers.
“HB710 forced us to limit library access to adults only, which was heartbreaking,” said Scheline. “Until the Cornell First Amendment Clinic and co-counsel came to my aid, I felt totally alone trying to both navigate the statute’s requirements and fight back against the unconstitutional ban. The Clinic has been an invaluable resource to us – we simply could not have afforded to mount this fight without their help.”
The plaintiffs have sought to enjoin enforcement of the law and end the state’s effort to silence voices it disapproves of in violation of the Constitution.
“It is so important to keep book banning in the spotlight and raise community awareness,” del Rosario Wertheimer said. “Our case may involve an Idaho statute, but this very real threat to democracy affects every American. Watching the amazing film The Librarians really helped drive that point home and reminded us why we fight so hard to protect Free Speech.”