, Idaho Capital Sun; Federal court reverses decision on Idaho’s library materials law, returns case to lower court
"A federal appeals court on Thursday delivered welcome news for opponents of the Idaho Legislature’s 2024 law that established civil penalties for libraries and schools that allow children to access “harmful” material.
The U.S. Court of Appeals for the 9th Circuit on Thursday narrowly reversed a decision from the U.S. District Court of Idaho to deny a preliminary injunction that would have stopped the law from going into effect. The circuit court’s decision on Thursday sided with the plaintiffs, reversed the district court’s decision and returns the case back to the lower court to consider “the scope of a limited preliminary injunction” and to “conduct further proceedings consistent with our opinion...
HB 710’s “context clause” requires courts and other reviewers to consider if the allegedly offensive content in libraries and schools possesses “serious literary, artistic, political or scientific value for minors.” The court concluded that the plaintiffs — a coalition of private schools and libraries and their patrons — showed a “likelihood of success” because the bill’s context clause is “overbroad on its face” and threatens to regulate a substantial amount of expressive activity."
