LITIGATION NOTE: Eighth Circuit Adopts Crowell’s Arguments in Important LGBTQ+ Rights Litigation

Washington – September 17, 2024: The United States Court of Appeals for the 8^th Circuit recently adopted arguments put forward by Crowell & Moring lawyers in a case opposing an Iowa law that bans school officials from discussing gender identity or sexual orientation with students (its “Don’t Say Gay” provision) and requires the removal of certain books from Iowa public school libraries (its “Book Ban” provision).

The arguments were submitted in an amicus brief on behalf of several well-respected First Amendment law professors at law schools in the Eighth Circuit. The brief rebutted the state’s argument that SF 496’s Book Ban provision is “government speech” exempt from First Amendment scrutiny and that the plaintiffs did not have standing.

In a decision remanding the case back to the lower court for further proceedings, Judge Ralph Erickson agreed with the law professors’ arguments, finding that the government speech doctrine did not apply to public school libraries.

The Crowell team that led this brief included partners Laura Foggan and Justin Kingsolver, counsel Joachim Steinberg, and associates Roy Abernathy, Danielle Alvarez, Alex Rosen, and Jacob Zucker. The brief was drafted pro bono.

About Crowell & Moring LLP

Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity, and inclusion.  

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