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Iowa’s book ban law reaches a federal appeals court

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Iowa’s book ban law reaches a federal appeals court


A panel of federal appeals court judges will choose what happens next for Iowa’s education law that bans books with sexual content in school libraries and prohibits instruction related to gender identity and sexual orientation for grades K-6.

In oral arguments held in a St. Paul, Minnesota, courtroom Thursday, an attorney for the State of Iowa asked the judges to lift a preliminary injunction that has blocked enforcement of SF 496 since late December.

That ruling was made in response to two separate legal challenges that argue the law silences LGBTQ students from expressing their identities and restricts students’ free access to information.

Iowa Solicitor General Eric Wessan told the three-judge panel with the Eighth Circuit Court of Appeals that the state has the ability to tell schools to remove books that show or describe sexual acts, as defined in criminal code, because “library curation is government speech.”

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“The public schools are themselves representative of the state and the values that the state seeks to inculcate in children as part of its pedagogical goal of raising its future citizens,” Wessan said.

Matt Sieren

/

Iowa Public Radio

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The list of banned books includes The Giver, Animal Farm, Adventures of Huckleberry Finn, To Kill A Mockingbird, Farhenheit 451 and The Diary of Anne Frank.

When District Court Judge Stephen Locher blocked enforcement of the law, he called it a “bulldozer” because so many books could be banned. The Des Moines Register has found nearly 1,000 different titles were removed from school libraries since the law first took effect. Those include titles by authors John Green and Jodi Picoult who are part of the lawsuit involving the publisher Penguin House, as well as well-known books like 1984, The Handmaid’s Tale and The Kite Runner.

Attorney Nathan Maxwell of Lambda Legal, which is part of a lawsuit with the ACLU of Iowa representing LGBTQ students, said the law’s definition of what is age appropriate is simply too broad.

“The problem with this law is it says if it’s not appropriate for a first grader it’s therefore not appropriate for a senior in high school. And so those seniors in high school are losing out on information,” Maxwell told reporters after the appeals court hearing. “There’s something special about a school library, which is where students go specifically to learn. Having access in school libraries is substantively different than being able to buy [a book] anywhere in the world.”

Judge questions scope of challenge

The lower court’s injunction also applies to a ban on instruction related to LGBTQ topics in kindergarten through sixth grade. The state argues both major pieces of the law should be enforced as the legal challenges proceed.

In questions he raised during oral arguments, Judge James Loken appeared to criticize the groups suing the state for bringing a facial challenge — that is, a claim that the law is entirely unconstitutional based on how it was written — instead of challenging how the law has been applied.

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“This could easily have gone to a — probably a series, certainly more than one — as-applied challenge, from which, the judicial interpretation of this statute and how school boards should apply it, would become clear to educators in Iowa,” Loken said.

“I question how many it would take,” replied ACLU of Iowa attorney Thomas Story. “I can’t see any because I can’t see a way to read this law without it not making sense or not being constitutional.”

Speaking after the hearing, Story warned against guessing a judge’s position on the case based on the questioning in courtroom.

Christy Hickman, an attorney for the Iowa State Education Association, said the courts need to weigh in on the law because guidance from state education officials is limited and school districts don’t seem to agree on how it is supposed to work.

“If you look at the extreme differences across school districts and the number and types of books that have been removed, it shows you that there is a lot of confusion and ambiguity and interpretation,” Hickman said. “If we had to start all over, and start suing individual school districts, think about the court and school and public resources that go into that. I hope that is not where we end up.”

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What happens if the book ban law is enforced

The law includes potential consequences for school districts or teachers who are found to have kept books on library shelves that contain sexual content.

One violation warrants a written warning from the Iowa Department of Education. But after two or more violations, the case would be referred to the Board of Educational Examiners, which certifies teachers and administrators to work in Iowa schools. The BOEE could bring up the case for disciplinary action.

The Eighth Circuit Court of Appeals must decide on the current preliminary injunction before the two cases against the education law continue.

Attorneys involved in the case would not comment on their strategy if the injunction is lifted, but Maxwell said they would continue to stand behind students and others impacted by the law.

“We will continue to fight for the students and families in Iowa to be able to access this information and to be able to speak freely about who they are in school and anywhere,” Maxwell said.

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Iowa

Obituary for John D, Tracey at Farley

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Obituary for John D, Tracey at Farley


John D, Tracey, 89, of Riverbend Retirement Community and formerly of Epworth, Iowa, passed away on Friday, October 11, 2024, at Unity Point Finley Hospital in Dubuque, Iowa surrounded by his family. Friends and relatives of John may call from 10 to noon, Wednesday, October 16, 2024 at St. Josephs



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What We Learned: Iowa Hawkeyes

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What We Learned: Iowa Hawkeyes


Well, that was something.

Saturday’s trip to Iowa looked more like a Field of Nightmares for the Huskies, as they were physically overmatched by both of Iowa’s lines on offense and defense, losing 40-16. Here are three takeaways from the loss.

Mistaken Identity

Coach Fisch said last week in the locker room before the Michigan game that “this is the game where we establish our identity”. They then went out and did just that, or so we thought. Then they ran into a black and gold buzzsaw.

Make fun of Kirk Ferentz all you want, the Drive for 325 was my favorite storyline of last season. But man…

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He’s been there 26 years for a reason.

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Jeffrey Becker-Imagn Images

As I said before the game, Iowa is going to drag you down to their level and beat you with a frustratingly effective run game, all the while controlling the ball and wearing down their opponent. They did just that against the Huskies, with Kaleb Johnson rushing for 166 yards and 2 touchdowns on 21 carries while also catching a touchdown from Cade McNamara, who was 8/14 for 108 yards and 2 touchdowns. The Iowa passing offense was efficient and effective when they needed to be, and Iowa’s great play on offense was due to a very cohesive and physical offensive line, which only gave up 1 sack compared to the Huskies giving up 4. The Hawkeyes were able to capitalize often, only punting twice on the day as they scored 40 points. This is how it feels to be bludgeoned repeatedly for 4 quarters.

The Huskies, however, were a different story.

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Despite outgaining the Hawkeyes 393-328, an opportunistic, physical defense got to Will Rogers early and often, forcing Will Rogers to lose a fumble in the second quarter and get intercepted in the third, an interception which was entirely his fault. And despite two drives of 14 plays each to open the game, with each of those going over 7 minutes, they only resulted in 7 points. The Huskies 3rd down performance was also a factor as they went 5/15 on third downs. This underlines the struggles we’ve had all year with leaving points on the scoreboard despite moving the ball fairly well.

Some of that is due to Coach Fisch’s game management issues, illustrated most clearly in this game by his insistence on using Demond Williams in place of Will Rogers in the red zone in the first quarter, even after a false start penalty moved the Huskies from the Iowa 11 to the Iowa 16. You’d think that’d change his calculus a bit, but apparently not, as Demond stayed to finish the drive where a Grady Gross field goal was blocked.

This stands as the worst loss of the season to this point because it proves that even as we triumphed over Michigan last week, Iowa reminded us of what it’ll take to be competitive in this conference going forward. And we have a long way to go. So I say this:

Jedd, what kind of team is this? Is this a passing team? A run heavy team? Because as it stands right now, I don’t think we know. And we need to pick a lane if we want to be competitive, both this season and the next. Because we don’t have an identity right now! Iowa does, and that was the difference on Saturday! As former UW QB Brock Huard said on Saturday on the Fox broadcast, this is the difference between 25 years of continuity with Iowa and 6 months of continuity with the Huskies. But that doesn’t make our identity issues less prevalent, or this loss less demoralizing.

Special Teams Miscues

Going into the game, we had known about the Huskies’ struggles with special teams. But this game brought said struggles into sharp relief. The kick coverage is a glaring issue, as Kaden Wetjen, Iowa’s kickoff and punt returner, averaged 23.3 yards per kickoff return and notched 37 yards on his lone punt return in the second quarter, setting up Iowa with great field position on a drive in which they scored a touchdown. It’s something that you don’t notice until you’ve been given a reason to, and it’s an issue that special teams coordinator Jordan Paopao needs to confront, and clean up quickly. And yes, we need to talk about Grady.

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It seems that he’s got the yips, as he hooks every field goal kick slightly, despite nailing them in practice. It also seems as though he struggles with the finer details of his kicks, as this is the second week in a row that he’s had one blocked, but that could also be due to Iowa getting past UW’s blockers. Plenty of stars have struggled with the yips in the past, but this is getting to the point where every drive is 4 down territory, and as a play caller, the lack of a guarantee of points on any given drive would make you anxious. What really makes me feel bad is that Grady is a great guy, and it hurts me to write this. But it is another issue that this team must fix, in a year that is full of them.

Get Right

This year, the roster has turned over a lot. We know this, we knew it coming in. But as the injuries have piled up, the cracks in the depth of this team have started to show. Sure, building a cohesive offensive line from scratch was never going to be easy, but this line is thin. Drew Azzopardi, the sophomore tackle, played the most snaps (82), and recorded a PFF grade of 32.2 out of 100 in overall blocking. Soane Faasolo played 56 snaps and recorded a grade of 29.2 overall. This could be due to Iowa being just physically better defensively, but when you’re getting consistently beat, and you have no other options due to injury, it’s obviously an issue of team health, which is why Coach Fisch stressed that “We need to get healthy this bye week. We need to get all of our offensive and defensive linemen back, and we have to go on the road and play another good Indiana team.”

Taken in sum, this is most definitely a team in a rebuilding year, but this performance is something that’s sad to see as a lifelong Husky fan. Thank goodness for the bye week, because it doesn’t get any easier from here.



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Iowa Will Be Coming into Spartan Stadium Hot

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Iowa Will Be Coming into Spartan Stadium Hot


As Michigan State prepares for its upcoming matchup against Iowa, the Hawkeyes’ recent victory over Washington, with a decisive score of 40-16, serves as a stark reminder of the competitiveness and unpredictability of college football.

Washington, having recently defeated Michigan, the Spartans’ next opponent following Iowa, demonstrated their prowess and potential. However, Iowa’s ability to dominate in that game indicates the challenge that Michigan State will face when it takes on both Iowa and the Wolverines back-to-back.

In order to emerge victorious against Iowa, Michigan State must effectively utilize its running backs and establish a strong ground game. The Spartans have a rich tradition of powerful running, and this season is no different.

A solid rushing attack can not only control the clock but also open up the passing game for quarterback Aidan Chiles. With Iowa’s defense showing its capability to stifle passing attacks, a commitment to the run game will be crucial in keeping the Hawkeyes off balance and creating opportunities for big plays.

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Chiles, who has shown promise as a young quarterback, will need to limit mistakes and turnovers during these crucial games. Iowa’s defense is known for its opportunism, and any unforced errors could be detrimental. He must focus on making smart decisions under pressure, ensuring he doesn’t force throws into tight coverage. Additionally, maintaining composure and being decisive in Chiles’ reads will be essential as he navigates what will surely be a challenging defensive scheme.

As Michigan State looks ahead to its subsequent game against Michigan, the need for a solid performance against Iowa cannot be overstated. Establishing a rhythm on the ground will be key, allowing the Spartans to build confidence and momentum heading into the rivalry matchup. Should they succeed in this endeavor, it could set the stage for a thrilling matchup against a team that has already proven its mettle earlier in the season.

Saturday’s game against Iowa will be a litmus test for Michigan State. By leveraging its running backs and ensuring Chiles plays within himself, the Spartans can craft a game plan that not only seeks victory against the Hawkeyes but also builds a foundation for success against Michigan the week after.

The importance of this strategy cannot be overstated, as Michigan State aims to solidify its standing in a challenging schedule ahead.

Don’t forget to follow the official Spartan Nation Page on Facebook Spartan Nation WHEN YOU CLICK RIGHT HERE, and be a part of our vibrant community group Go Green Go White as well WHEN YOU CLICK RIGHT HERE.

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