BELOW SUPERNAV drop zone ⇩

‘Regime of strict censorship’: Publishers sue Florida over removal of books from schools

Many books stacked with blurred background of bookstore full of books. Photo with copyspace (Getty Images)

MAIN AREA TOP drop zone ⇩

MAIN AREA TOP drop zone ⇩

ovp test

mLife Diagnostics LLC: Oral Fluid Drug Testing

Male shot by female at Shreveport apartment

Class to create biodiverse backyard

Rules for outbursts at Caddo School Board Meeting

TAMPA, Fla. (WFLA) — Several book publishers filed a federal lawsuit Thursday, claiming that Florida’s law surrounding the removal of books from schools violates the First Amendment because it’s too broad.

Some of the publishers involved in the 124-page lawsuit are Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishing Group, and Simon & Schuster.

The lawsuit was filed against Ben Gibson, chair of the Florida State Board of Education; Ryan Petty, vice chair of the Florida State Board of Education; and several members of the Orange County and Volusia County school boards.

The publishers said that “timeless classics” such as “I Know Why the Caged Bird Sings,” “Invisible Man” and “Brave New World” were required to be removed from school libraries under HB 1069.

“Florida has required these books and others to be removed from school libraries under its broad, across-the-board, content-based mandates that forbid consideration of the books’ value,” the lawsuit stated.

The publishers said two provisions in Section 1006.28 that deal with the removal of books violate the First Amendment. The publishers are not challenging other parts of the law.

News Channel 8 has reached out to the Florida Department of Education for comment.

At issue for the publishers are the sections that automatically prohibit books that “describe sexual conduct” and books with “pornographic” content without regard for the three-part test for obscenity established in a 1973 Supreme Court ruling, Miller v. California.

“In enacting HB 1069, the State has mandated that school districts impose a regime of strict censorship in school libraries,” the lawsuit reads. “HB 1069 requires school districts to remove library books without regard to their literary, artistic, political, scientific, or educational value when taken as a whole.”

The publishers argue that based on the current broad definition of “describes sexual material,” the Oxford English Dictionary would have to be removed from libraries even though it is not obscene. Earlier this year, one Florida district added dictionaries and encyclopedias to a list of books to be reviewed for possible bans.

The restrictions apply to all grade levels and broadly regulate the availability of constitutionally protected books, the publishers said.

“These restrictions — as interpreted and enforced by the State of Florida — violate the First Amendment because they are impermissibly overbroad content-based restrictions,” according to the lawsuit.

Publishers claim the law is encouraging school districts to remove more books than the First Amendment would permit, and is creating a “culture of fear” in the education community.

“Educators who are already afraid of official state action or action by vigilante members of the public fear the loss of their credentials and livelihood and even threats to their safety,” the suit stated.

The publishers are not looking to stop schools from keeping obscene books out of libraries, but said the law allows books “that are not remotely obscene” to be removed “under the guise of ‘pornography,'” according to the lawsuit.

The publishers argue that if the state dislikes an author’s idea, it has the right to offer a competing message but does not have the right to “suppress the disfavored message.”

The publishers are asking a judge to declare that the ban on content that “describes sexual conduct” is too broad and unconstitutional. They’re also asking for a judge to declare that “pornographic” is synonymous with “harmful to minors” and would fall under the Supreme Court’s “obscenity standard,” or if it’s not synonymous, that it’s too broad.

Education

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed

Site Settings Survey

 

MAIN AREA MIDDLE drop zone ⇩

Trending on NewsNation

MAIN AREA BOTTOM drop zone ⇩

tt

KC Chiefs parade shooting: 1 dead, 21 shot including 9 kids | Morning in America

Witness of Chiefs parade shooting describes suspect | Banfield

Kansas City Chiefs parade shooting: Mom of 2 dead, over 20 shot | Banfield

WWE star Ashley Massaro 'threatened' by board to keep quiet about alleged rape: Friend | Banfield

Friend of WWE star: Ashley Massaro 'spent hours' sobbing after alleged rape | Banfield

Clear

la

62°F Clear Feels like 62°
Wind
3 mph NNE
Humidity
66%
Sunrise
Sunset

Tonight

A clear sky. Low 58F. Winds light and variable.
58°F A clear sky. Low 58F. Winds light and variable.
Wind
3 mph NNE
Precip
1%
Sunset
Moon Phase
Waning Gibbous