FOR IMMEDIATE RELEASE
January 30, 2026
BOISE, IDAHO – Idaho Family Policy Center, a pro-family ministry, celebrates the Ninth Circuit Court of Appeals decision released yesterday which refused to enter a preliminary injunction blocking key provisions of the Children’s School and Library Protection Act.
The Children’s School and Library Protection Act (H710aa) provides statutory requirements ensuring that children across the state are not exposed to pornography while they make use of public school and community library materials. Schools and libraries that fail to comply with the provisions of the law can incur civil liability, including statutory damages.
The legislation was sponsored by Sen. Cindy Carlson (R-Riggins) and Rep. Jaron Crane (R-Nampa) and largely utilizes model language that was drafted by Idaho Family Policy Center.
It was signed by Gov. Brad Little on April 10, 2024, following years of public outcry from parents concerned about their children encountering pornographic materials in schools and libraries. More than 71% of likely Idaho voters support the law, according to statewide public opinion polling released by Idaho Family Policy Center in 2025.
A report published in 2023 by Idaho Family Policy Center found that more than fifty public schools and community libraries made obscene materials available to children before the law took effect.
In its decision yesterday, the Ninth Circuit remanded the case, instructing the federal district court to enter a narrow preliminary injunction regarding the “context clause” of the statutory definition for “material harmful to minors” that applies to all Idaho laws pertaining to obscene materials for minors. That definition was first adopted by the Idaho legislature in 1972, and was updated again in 1976. A preliminary injunction on the context clause would not affect the enforceability of the Children’s School and Library Protection Act.
Importantly, the Ninth Circuit declined to instruct the lower court to block enforcement of every key provision in the law. The Court also affirmed that the law does not prohibit storylines featuring homosexual characters, despite years of untruthful reporting from local news media to the contrary. Under current First Amendment jurisprudence, states cannot restrict storylines featuring homosexual characters, but may restrict obscene materials featuring deviant sexual activity that appeals to the prurient interest of readers.
A statement from Blaine Conzatti, President of Idaho Family Policy Center:
All of the requirements imposed by the Children’s School and Library Protection Act – including the duty of care for schools and libraries to take reasonable steps to restrict children’s access to pornography – are still in effect, and we fully expect that these provisions will continue to remain in effect once the lower court has the opportunity to review the law on remand.
Parents deserve to know that their children won’t encounter pornography while making use of school and library materials. We applaud the Ninth Circuit’s decision that allows the law to continue protecting children from these harmful materials.
About Idaho Family Policy Center
Idaho Family Policy Center is a ministry that advances the lordship of Christ in the public square through engaging the church, promoting God-honoring public policy, and training statesmen. Visit IFPC's website at https://idahofamily.org/
