The Independent Book Publishers Association (IBPA) has grown over the years to become the leading advocate for independent publishers. Central to its mission is the protection of its members’ interests and acting as a leading voice on industry issues. In recent years, IBPA’s Advocacy Committee has actively worked alongside organizations like the American Association of Publishers, the Copyright Alliance, and the Authors Guild to defend the rights of independent publishers. This includes efforts to challenge state-level legislative proposals that threaten copyright protections or impose onerous burdens on small publishers trying to sell digital products to libraries. As part of this work, IBPA has testified before state legislatures, signed on to various initiatives, and communicated with legislators and government representatives to advocate for the interests of its members.

Starting in fiscal year 2025, IBPA’s Advocacy Committee was divided into two new committees: the Legislation and Standards Committee and the Industry Advisory Committee. This restructuring ensures a more targeted approach to key issues. The newly formed Legislation and Standards Committee is tasked with staying informed about legislation across the country that affects IBPA’s members and their businesses. To support this work, IBPA’s Board of Directors approved the organization’s membership in the Media Coalition as part of its fiscal 2025 budget, a move that significantly strengthens IBPA’s advocacy efforts, particularly around First Amendment issues. IBPA had previously been a member of the Media Coalition before 2009.

The Media Coalition, led by Executive Director David Horowitz, is a dedicated advocate for free speech for the media. It is an association that protects the First Amendment rights of its members to produce and distribute a wide array of content, as well as consumers’ rights to access diverse information, opinions, and entertainment. The Media Coalition’s membership includes major industry organizations such as the American Association of Publishers, the Authors Guild, the American Booksellers Association, the Comic Book Legal Defense Fund, the Entertainment Software Association, the Freedom to Read Foundation, and the Motion Picture Association. Together, these organizations represent a broad spectrum of creative industries, including authors, publishers, booksellers, librarians, filmmakers, video game producers, and retailers, as well as the consumers they serve.

Joining the Media Coalition offers IBPA a cost-effective way to engage in legislative and legal advocacy that protects its members’ First Amendment rights at both state and federal levels. By collaborating with other prominent organizations in the Media Coalition, IBPA can be part of a united front on key issues affecting its membership. The Media Coalition’s diverse membership base also lends it credibility in discussions with legislators, judges, and participants in public debates on the creation and distribution of speech.

The IBPA Board of Directors decided to join the Media Coalition due to its outstanding success in either halting or amending legislation that would limit free expression, as well as its ability to bring First Amendment court challenges to block harmful laws. The Media Coalition serves as a legislative advocate and First Amendment policy adviser to its members across all 50 states and in the U.S. Congress. It monitors legislation, provides timely analysis of proposed laws, and assesses how they impact member organizations. These are functions that IBPA would not have the capacity or resources to manage independently.

When the Media Coalition identifies legislative bills of concern, it adds them to a watch list and provides its members with regular updates on their status, including special alerts about hearings and bill revisions. This process enables the Legislation and Standards Committee to more effectively represent the interests of IBPA members. Our involvement with the Media Coalition enhances IBPA’s ability to advocate on key legislative matters.

In cases where a bill poses significant threats, the Media Coalition drafts legal memoranda, testimony, and talking points to articulate its members’ First Amendment objections. It then works with legislators and their staff to resolve these issues, often by drafting amendments to safeguard members’ interests or reviewing amendments proposed by other stakeholders. The Media Coalition also forms partnerships with local businesses, free speech organizations, anti-regulation and libertarian groups, and academics to fight problematic legislation and raise public awareness.

Membership in the Media Coalition provides IBPA members with significant value by giving IBPA  access to top-tier legal expertise without incurring additional costs beyond the annual dues. The Media Coalition has decades of experience in successfully litigating cases and filing amicus briefs in defense of its members’ First Amendment rights. To date, it has been involved in approximately 40 lawsuits in state and federal courts aimed at blocking laws that infringe upon its members’ rights, with a high rate of success. The Media Coalition also routinely files amicus briefs in the U.S. Supreme Court and lower courts on issues of interest to its members, and all these legal activities are covered by the annual dues.

The Media Coalition is currently in court in Texas challenging a law that forces booksellers who sell to schools or school libraries to rate every book they have ever sold to a school using a convoluted system created by the state.  Failure to rate any book would bar the bookseller from selling any books to the state. The plaintiffs in the case are two Texas bookstores, AAP, ABA, CBLDF, and the Authors Guild. The law is currently enjoined. The Media Coalition is also currently challenging an Arkansas law that would make it illegal to display books in bookstores if they contain sexual content that is inappropriate for a 10-year-old. The law also makes it easier to remove books from public libraries. The plaintiffs include two Arkansas bookstores, AAP, ABA, CBLDF, the Authors Guild, Freedom to Read Foundation (defends libraries and librarians), two library systems and several library patrons. This law is also enjoined. 

Importantly, the legal work carried out by the Media Coalition is not done in its name. Associations like IBPA and other member organizations can choose to participate as plaintiffs or amici in legal challenges, or they can opt out of initiatives that they believe do not align with their members’ interests. This flexibility ensures that IBPA can remain involved in critical cases while still prioritizing its specific objectives.

One of the first initiatives IBPA has joined as a Media Coalition member is an amicus brief for the U.S. Supreme Court in the case Free Speech Coalition Inc. v. Paxton. This case challenges Texas House Bill 1181, which imposes content-based restrictions on booksellers, libraries, and publishers, making it illegal for websites to make available “harmful to minors material” to minors. The problem with the law from our perspective is that this so-called “harmful to minors” material encompasses contemporary fiction, literary classics, young adult fiction, and health books, and given the breadth of the variable age categories, is significant in number, including many prize-winning and important works that of course are constitutionally protected. If upheld, the law could significantly hinder the access of adults and older minors to protected speech. This issue is particularly important for independent publishers, as the law would impose significant burdens on them to identify and restrict content considered adult material, potentially subjecting them to civil penalties of up to $10,000 per day for noncompliance.

By rejoining the Media Coalition, IBPA has strengthened its ability to defend its members’ rights, particularly in matters related to free speech and censorship, while enhancing its influence in both legislative and judicial arenas. Horowitz said, “We are delighted to have the Independent Book Publishers Association as the newest member of the Media Coalition. IBPA is an important addition to our current group of members who represent parts of the book community and the diversity of your membership, encompassing publishers of all sizes from across the country, will make a significant contribution to our fight to protect the First Amendment.”

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