(Radio Iowa) – A U-S Appeals Court heard arguments today (Tuesday) for lifting the injunction against a state law the prevents some books from being in school libraries. The state argues the law keeps sexually explicit books out of schools and inappropriate lessons out of school curriculum’s. The Iowa State Education Association teacher union is one of the groups that seeks to block the law, saying it is unconstitutional. I-S-E-A attorney, Christy Hickman, says it is too vague for schools and school boards to interpret.

“They have been tasked with trying to carry out a law that prohibits school libraries to include books with, quote, descriptions and depictions of sex acts without any additional meaningful guidance,” she says. Hickman says the penalties for violating the law have made teachers hesitant to take action. “Loss of employment licensure complaints that could lead to loss of license licensure the inability to you know practice as a public educator for a certain period of time,” Hickman says.

One of the judges asked why they should act if the book was available through other sources outside the school.  “Public school libraries are intended to provide access to books to all children, regardless of whether or not they can buy it at the bookstore,” she says. “So, such an argument, while it might make sense in other contexts, doesn’t make a whole lot of sense in the context of of our K-12 Public Schools.”

A judge also questioned why the law should be declared unconstitutional and where it was a better tactic to sue individuals school over the issue. Hickman says the law has already had an impact with reports that thousands of more books than needed being removed from school libraries. “It seems like an obvious chilling effect across the state and I don’t see that changing unless we get some acknowledgment from the Department of Education that there needs to be some additional guidance,” Hickman says.

Iowa Attorney General Brenna Bird issued a statement after the arguments that says, inappropriate books do not belong in the hands of school children and “they made the case in court to defend Iowa’s law that protects kids, families, and parental rights. It is common sense.”