The battle to protect democratic rights has taken a new form as one of the world’s largest publishing houses, Penguin Random House, steps into the legal arena to defend books and authors against the growing menace of censorship – this time in Iowa.

Amid an alarming rise in efforts to ban and remove books from educational institutions and libraries across the United States, Penguin Random House has taken a firm stance against this encroachment on the freedom to read. Their commitment to upholding the First and Fourteenth Amendments of the Constitution and their dedication to promoting a diverse range of voices are central to their legal actions.

Penguin Random House takes a stand against Iowa

One significant legal challenge that Penguin Random House has recently undertaken is against the state of Iowa. In collaboration with the Iowa State Education Association (ISEA), they filed a lawsuit on November 30, 2023, challenging Iowa’s Senate File 496 (SF 496). This legislation, enacted in May 2023, prohibits the presence of any content related to sex, gender identity, or sexual orientation in public school and classroom libraries. Regardless of context or educational value, SF 496 seeks to silence important discussions and limit students’ access to diverse literature.

The lawsuit, supported by renowned authors Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult, along with educators, students, and parents, is rooted in the belief that such censorship violates the First Amendment’s protection of free speech and the Fourteenth Amendment’s principles of equal protection under the law.

Nihar Malaviya, CEO of Penguin Random House, passionately stated, “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.” He emphasised the need to protect the right of all Americans, especially students, to have equitable access to books and the freedom to decide what they read.

Challenging unconstitutional legislation

Penguin Random House has not limited its efforts to just one battleground. In a coalition with Barnes & Noble and other publishers, booksellers, and authors, they vigorously opposed the Texas READER Act (HB900), which sought to label books for sexual content and impose onerous restrictions on students’ reading choices. This act, if allowed to stand, would force publishers to stigmatise their own books and undermine the professional expertise of librarians.

Additionally, as a member of the American Association of Publishers (AAP), they have joined forces with Texas booksellers and other literary organisations to challenge the Texas READER Act (HB 900) in court. This legal action argued that the bill, which required vendors to rate books based on sexual content, violated both the First and Fourteenth Amendments. The act not only infringed upon free speech but also coerced private businesses into acting as instruments of state censorship.

Arkansas Act 372, another concerning piece of legislation, led Penguin Random House and the AAP to file a coalition lawsuit. This act threatened to restrict access to books in bookstores and libraries within Arkansas, directly impacting booksellers, librarians, and readers. The legal challenge temporarily blocked the state of Arkansas from enforcing this restrictive law.

Read: Texas fights to enact parts of controversial book rating law

In a display of solidarity with the patrons of the Llano County Library System in Texas, Penguin Random House and several other major publishers filed an amicus brief in support of the patrons’ constitutional rights under the First Amendment. This move aimed to counter the removal of 17 books from the public library’s shelves, including works that address important topics such as race and identity.

Most recently, Penguin Random House stood alongside PEN America, authors, and parents in a groundbreaking lawsuit against the Escambia County School Board in Florida. This lawsuit asserted that the school board unlawfully removed or restricted access to books discussing race, racism, and LGBTQ+ identities, violating the First Amendment and the Equal Protection Clause of the Constitution.

Read: Florida school board: toss Penguin Random House book ban lawsuit

The battle against censorship is far from over, but Penguin Random House’s commitment to defending books, authors, and readers remains resolute. Their legal actions serve as a glimmer of hope, illuminating the path towards a society where diverse voices and ideas can thrive, unburdened by the shadow of censorship. As they continue to fight for the freedom to read, the publisher reminds us all that the written word is a powerful tool in preserving the principles of democracy and equality.