The Utah chapter of the American Civil Liberties Union (ACLU) filed a complaint in the United States District Court for the District of Utah on Friday, protesting the state’s law regarding “sensitive material” in school libraries.
The law, HB29, amended in 2024, has as its stated purpose, “to identify and remove pornographic or indecent material” from school libraries to “protect children from the harmful effects.”
As of Tuesday, 22 books are on the Utah State Board of Education list after meeting the requirements for removal: Either deemed inappropriate by at least three school districts or by two school districts and five charter schools.
Books on the list include “Wicked: The Life and Times of the Wicked Witch of the West,” the tale of the “Wizard of Oz” from the Wicked Witch of the West’s perspective, which includes depictions of sexual violence; “13 Reasons Why,” a story about suicide that has raised concerns over its depiction of mental health and includes sexual violence; and the “A Court of Thorns and Roses” fantasy series, for its depictions of sex and violence.
The ACLU filed the complaint with two law firms, alongside authors Elana K. Arnold, Ellen Hopkins, and Amy Reed, the estate of Kurt Vonnegut, and two anonymous high school students.
The plaintiffs argue that HB29 is in opposition to the First Amendment because it allows local school agencies “to strip their school libraries of any book that contains even a single description or depiction of sex, no matter how fleeting, no matter its context, and no matter its literary, artistic, political, or scientific value.”
But the sponsor and co-sponsor of HB29 view things differently.
Sen. Todd D. Weiler, R-Woods Cross, the bill’s floor sponsor, told the Deseret News that putting the decision in the hands of local school leadership is where the best judgment can be made.
“It’s disappointing that the ACLU wants to proliferate school libraries with porn and other materials harmful to children,” he said.
It should be noted that the bill applies only to school classrooms and libraries, not public libraries.
HB29’s chief sponsor, Ken Ivory, R-West Jordan, said ACLU needs to “take a deep breath.”
“The legislation simply creates a transparent process for reviewing whether government institutions expose children to explicit sexual content, just as responsible communities have always curated age-appropriate content for children,” he told the Deseret News. “The ACLU misguidedly asserts that simply because an author wrote a book, that author has some ‘right’ to expose it to children in K-12 public schools in Utah no matter how indecent or age-inappropriate it may be.”
He continued, “This case will allow the courts to confirm what the Constitution already requires: reasonable boundaries for children are not censorship, they are common sense.”
Students sue state over books in schools
Still, one of the anonymous student plaintiffs argued that “the first place we recognize our own lives and identities is in a library book.”
“When those books disappear, students notice immediately. It sends a clear message about whose stories matter and whose do not,” the student added. “Empty shelves cost us understanding and connection, turning schools from places of learning into systems of control. Censorship does not just make ideas disappear, but also makes schools more confusing and dangerous because of its chilling effect on our right to learn.”
The current list of books removed from Utah schools can be found on the state school board’s website.