BOISE, Idaho — A lawsuit was filed Thursday by a group of schools, libraries and their patrons against the State of Idaho in regards to House Bill 701.
Signed on April 10, The Idaho Senate and House passed House Bill 701 (HB 701) with a strong majority party support. The bill restricts material deemed "inappropriate for minors" within Idaho libraries.
The law works by bringing the content of books into question. The bill would allow the library a 60-day period to review any complaints about the book in question. If the book is deemed inappropriate for minors, the book must be relocated into a different part of the library.
However, if the library determines the book appropriate for all ages, or disagrees with the complaint, the complainant can file a civil lawsuit for $250.
The bill became law and went into effect on July 1, 2024. This law impacts both public and private libraries.
A group of plaintiffs have filed a lawsuit against HB 701, stating that it is "unconstitutional."
In the lawsuit, the complaint said, "[HB 701] limits the ability of private K-12 schools and privately funded public libraries to provide minors (whatever their age) with books, art, movies, and other materials that contain non-obscene content that is disfavored by the State of Idaho. Through the Act’s vague and overbroad definition of material that is “harmful to minors,” the Act infringes on the First Amendment rights of such schools and libraries. It also infringes on the fundamental liberty interest of parents who choose those private entities over State-controlled public schools and libraries for the educational development of their minor children. And it denies minors who attend private schools or patronize privately funded public libraries the right to receive constitutionally protected, non-obscene material."
The plaintiff's listed include the Northwest Association of Independent Schools, Sun Valley Community School, Foothills School of Arts and Sciences, the Community Library Association, Collister United Methodist Church, and several parents.
HB 710 was sponsored by Rep. Jaron Crane, House Speaker Mike Moyle, and Senate President Pro Tem Chuck Winder.