• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Plaintiffs Ask Judge to Order Return of Banned Books to School Library Shelves as Lawsuit Continues

July 5, 2024 | FlaglerLive | 6 Comments

A display at the Lynx Bookshop in Gainesville. (© FlaglerLive)
A display at the Lynx Bookshop in Gainesville. (© FlaglerLive)

In a key battleground in the larger debate about removing and restricting school books, plaintiffs in a lawsuit against the Escambia County School Board asked a federal judge this week to order officials to return to the shelves seven titles that have been off-limits for over a year.

Lawyers for a parent who is a plaintiff also asked U.S. District Judge T. Kent Wetherell to block the school board’s attorneys from taking the deposition of “J.N.,” a 7-year-old who just completed first grade.




Attorneys for authors, a publishing company, parents and a non-profit organization filed the lawsuit last year, contending the Escambia school board violated First Amendment and equal-protection rights in removing 10 books from school-library shelves and restricting access to more than 150 others.

Wetherell in January allowed the lawsuit to proceed, rejecting motions to dismiss First Amendment claims but dismissing plaintiffs’ equal-protection allegations.

The school board has argued it has authority to decide what books should be allowed and that a 2023 law (HB 1069) that set up a process for book challenges by members of the public helps shield it from the allegations.

In a motion for a preliminary injunction filed Monday, lawyers for the plaintiffs said Escambia officials had restricted 1,031 books under the county’s review process.

As of June 27, “some 178 challenged books remain restricted, although no decision has been made about the validity of the challenge,” according to the motion.




The motion said that, while the plaintiffs believe restrictions should be lifted on all books, the request for a preliminary injunction was limited to seven books that “have not been challenged for reasons that would require their restriction pending review under the (school) board’s own policies, and should be returned to the shelves immediately, while any review and resolution of the challenges proceeds.”

The board’s restrictions and removals “have disproportionately targeted books by or about people of color and/or LGBTQ people,” the plaintiffs’ lawyers wrote.

Six of the seven books at issue include LGBTQ subject matter, while one tells the story of a Black teenager who is killed by a police officer and the impact on the teen’s friend, who witnessed the death.

In an example, a challenge to the book “Lady Midnight” flagged a passage that said: “‘Alexander Lightwood was Magnus’s boyfriend for over a decade. They could’ve gotten married under the new laws,” according to Monday’s motion.

The seven books at issue — which have been restricted for over a year — “were clearly challenged based on their positive portrayal of LGBTQ themes and other viewpoints” that challengers found objectionable, the motion said.

“For well over a year, defendant Escambia County School Board has restricted access to books in its school libraries based on nothing more than discriminatory viewpoint-based challenges by local residents who dislike the messages in those books. These restrictions violate the First Amendment and they need to end immediately,” the motion said.

Also this week, lawyers for the plaintiffs argued Wetherell should block the school board from taking the deposition of “J.N.,” daughter of plaintiff Ann Novakowski.

Novakowski “opposes the board’s request to depose J.N. as cumulative and unduly burdensome, given that the board can elicit the same information from her parent,” a motion for a protective order filed Tuesday said.




In the motion for a preliminary injunction, the plaintiffs’ lawyers argued that the only books required to be removed under the 2023 state law are those that are challenged on the basis of depicting or describing specific kinds of sexual conduct — which, the plaintiffs said, the seven books do not include.

“Notwithstanding the plain text of HB 1069, the board has apparently interpreted HB 1069 as requiring media specialists in each school to determine whether any books in the media specialist’s school’s library contain material describing or depicting sexual conduct,” the motion said.

The plaintiffs include parents, five authors, the publishing company Penguin Random House and the free speech group PEN American Center, Inc. They are represented by the legal advocacy group Protect Democracy Project and the Ballard Spahr LLP firm.

The lawsuit has played out amid controversy in Florida and other states about school officials removing or restricting access to books. As a sign of the controversy, Gov. Ron DeSantis in April signed a bill aimed at limiting book challenges filed by people who don’t have children in public schools, saying some people who filed mass objections to books made a “mockery” of the process.

The case is one of two federal lawsuits involving decisions by the Escambia County board to remove or restrict books. The other case centers on the children’s book “And Tango Makes Three.”




That book tells the story of two male penguins who raised a penguin chick at New York’s Central Park Zoo. Plaintiffs in the case, authors Peter Parnell and Justin Richardson and an Escambia County third-grade student, are seeking a preliminary injunction to require restoring the book to Escambia school library shelves.

Meanwhile, three parents on June 3 filed a federal lawsuit alleging that the process laid out for challenging school-library books and instructional materials in the 2023 law unconstitutionally discriminates against parents who disagree with “the state’s favored viewpoint.”

The law “only provides a mechanism for a parent to object to the affirmative use of material; it does not provide a mechanism for a parent to object to the lack of use or discontinued use of material,” the lawsuit said.

–Dara Kam, News Service of Florida

Click On:


  • 70 People Turn Up, Hoping for Appointment to District’s Book-Banning Committees
  • State Panel Developing Guidelines on Book Bans for School Librarians May Be at an Impasse
  • In Flagler Schools, New Regime of Book Challenges Is Laborious, Subjective and Fraught With Uncertainties
  • Flagler Schools Have Been Quietly Banning or ‘Removing’ Many Books Since Summer in Bow to ‘Moms for Liberty’
  • American Library Association Condemns Broad Censorship of Books on Race and LGBTQ in Schools and Libraries
  • Flagler School Libraries Face Chilling Dangers Beyond Book Bans
  • On Book Bans, ‘Equity’ and the School District’s Duty to Honor Student Diversity: The Students’ Perspective
  • Closing Inquiry, Sheriff Rebuffs Charge of ‘Crime’ in Book Controversy; Woolbright Wants ‘All Young Adult Books Checked’
  • Why All Boys Aren’t Blue Belongs in High School Libraries: A Response to Brian McMillan
  • Student Protesters Face Hail of Vile Obscenities, Taunts and Threats From Group Claiming to Speak For Children
  • Potential Book Ban in Schools Galvanizes 2 Sides in Day of Highs and Lows as Sheriff Recoils at Criminal Complaint
  • Cheryl Massaro Rebukes Fellow School Board Member Woolbright Over ‘Rogue’ Attacks on Books and Superintendent
  • The Live Interview: Author George M. Johnson Speaks to Those Who Want Book Banned From Flagler Schools
  • 2 Flagler School Board Members Object to Black Lives Matter Language and a ‘Hate Group’ Trolls District’s Library Books
  • Help Make Flagler County Known for Progress, Tolerance and Growth Instead of Ignorance and Hate
  • Jill Woolbright Wants 4 Books Banned Over Anti-Racism, LGBTQ, Police Violence and Rape Themes; District Removes Them Pending Review
  • Shapiro: In the End, It’s the Profanity of Censorship Against the Sacredness of Learning
  • Why To Kill a Mockingbird Is a Triumph for Flagler, And Especially for FPC’s Drama Club
  • Citing Vague Fears, School District Suppresses Stage Production of To Kill a Mockingbird
Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. Atwp says

    July 5, 2024 at 12:59 pm

    Good to see somebody standing up for their freedom to read what they want to read. Thank God some people still have fight in them.

  2. Laurel says

    July 5, 2024 at 5:23 pm

    Atwp: Agreed, 100%.

  3. Joe D says

    July 5, 2024 at 5:36 pm

    All schools have to do is give a list of the challenged books to the parents, and let them keep their individual son or daughter from reading those books ( keeping a list on file for future reference)….all this money and time wasted arguing about this issue!

  4. Sherry says

    July 8, 2024 at 11:49 am

    This from a fellow Fine Arts America artist, Bijan Pirnia:

    Here’s some more food for thought brought to you by Isaac Asimov (1920-92) American writer and professor of biochemistry at Boston University
    “There is a cult of ignorance in the United States, and there has always been. The Strain of anti-intellectualism has been a constant thread winding its way throughout the political and cultural life nurtured by the false notion that democracy means my ignorance is just as good as your knowledge.”

    It is because of this cult of ignorance that some 40% of Americans still believe in “Young Earth Creationism.” They have deluded themselves into believing that some 6000 years ago one day God went POOF! and the universe popped into existence out of nowhere. It is because of this cult of ignorance that recently Louisiana governor signed a bill into law that requires public schools to post the Ten Commandments in classrooms. It is because of this cult of ignorance that when public schools are cash-strapped, the first program they cut is art education. This is when art ennobles the heart and elevates the spirit. It is because of this cult of ignorance that compared to the rest of the industrialized democracies our public education is truly abysmal and pathetic.

    I see examples of that all the time. For example, when I’m in a gas station or a similar place, my total comes to $ 42:67. I give the clerk who is a high school graduate 52:67. All he or she has to do is give me back 10 bucks; but he just stands there and looks at the money I gave him. He’s mentally frozen. He spent 12 years of his life in public school; but he can’t make such a simple calculation in his head. Our educational system is honestly in a free-fall. I could go on ‘n on; but you get the point. We live in a country in which you can graduate from high school without knowing anything of substance. What a waste of human potential.

  5. Sherry says

    July 10, 2024 at 6:42 pm

    More on the subject from BIJAN PIRNIA
    Book banning and the defunding of art programs in some schools are part and parcel of a much larger phenomenon we call THE DUMBING DOWN OF AMERICA, which has been going on for decades. Going by what I’ve been reading and what I see in the world around me, the vast majority of the population has no clue what is happening. We have a nation that, for the most part, has checked out emotionally and intellectually. Day in and day out, we’re glued to some kind of stupid little screen, be it smart phone, television, or God knows what else. We have smart phones and dumb people.

    More than ever before, we live a fictitious, delusional, virtual reality we call Social Media, which is anything but social. If you want to have a much better idea what I mean by all that, you would be well-advised to check out THE AGE OF AMERICAN UNREASON by one of my favorite authors, Susan Jacoby. You can also watch her interviews and lectures online for free. Another one could be FANTASYLAND by Kurt Andersen. Those are just a couple of example. There are MANY MANY more.

    For now, here’s something by one of the greatest intellectuals the world has ever known : Carl Sagan (1934-96.) He wrote, “I have a foreboding of an America in my children’s or grandchildren’s time when the United States is a service and information economy, when nearly all the manufacturing industries have slipped away to other countries, when awesome technological powers are in the hands of a very few, and no one representing the public interest can even grasp the issues, when people have lost the ability to set their own agendas, or knowledgeably question those in authority, when, clutching to our crystals and nervously consulting our horoscopes, our political future in decline, unable to distinguish between what feels good and what is true, we slide, almost without noticing, back into superstition and darkness. The dumbing down of America is most evident in the slow decay of substantive content in the enormously influential media, the 30-second sound bites, (now down to 10 seconds or less) lowest common denominator programming, credulous presentations on pseudoscience and superstition, but essentially a kind of celebration of ignorance.”

    It is truly terrifying that everything Mr. Sagan predicted in the 1990s has come to pass within just one generation or so. Here’s an example of pseudoscience bullshit that Mr. Sagan mentioned. Years ago, senator Jim Inhofe of Oklahoma brought a snowball to the senate floor to “prove” that climate change is a hoax. How stupid can you be. Here’s another example of our slide into superstition and darkness that Mr. Sagan mentioned. When George W. Bush was asked if he had consulted his father before invading Iraq, he replied, “No, I have consulted my heavenly father.” Apparently, his big daddy in the clouds told him it was ok to roll into another country with guns blazing when that country posed no threat to us. The war in Iraq was sold to us based on a pack of lies which cost the lives of some 5500 Americans and over 100,000 Iraquis. Our stupidity reminds me a statement by Albert Einstein. He said, “Two things are infinite : the universe and human stupidity; and I’m not sure about the universe.”

  6. Sherry says

    July 10, 2024 at 8:05 pm

    Now here is a book desantis and trump would hate:

    Susan Jacoby’s national bestseller, The Age of American Unreason, was first published in 2008. In this new edition, she explains why many of the cultural trends she explored a decade ago—a public attention span reduced by digital dependency, the inability to distinguish between facts based on serious scholarly and journalistic research and rumors spread by social media, and the presence of continuous digital distractions—had more to do with the election of Donald Trump as president in 2016 than the conventional explanations usually advanced in the press.

    Jacoby argues forcefully that a geometric progression in public ignorance was much more important than Trump’s potent appeal to anachronistic white American nationalism, Hillary Clinton’s shortcomings as a candidate, Russian interference in the electoral process, or the gap

    between “the elites” and ordinary workers. “Fake news,” a phrase that did not exist in 2008, can only flourish in a culture in which increasing numbers of people lack the critical thinking skills—and refuse to take the time—to distinguish between the fake and the real.

    If you read The Age of American Unreason in 2008, The Age of American Unreason in a Culture of Lies , with new research based on changes in American politics and culture during the past decade, will provide answers to the question of how we got from Barack Obama in 2008 to Trump in 2016. The author makes a convincingly case against the short-term answers being offered by politicians and much of the media. To understand what happened and why, Americans must face the long-term erosion of education, knowledge, and respect for reason. In a culture of unreason, people turn to unreasonable politicians who offer unreasonable, or fake, solutions to very real problems.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Bob Zeitz on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • B on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • CrazyTown on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Mothersworry on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • Call me disappointed on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Atwp on Judge Gary Farmer, ‘Discriminatory, Offensive, Sexually Charged, and Demeaning,’ Fights Suspension
  • Larry on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • justbob on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Fernando Melendez on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Jim on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Jim on If Approved, Religious Charter Schools Will Shift Yet More Money from Traditional Public Schools
  • William Hughey on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Kenneth N on Last of Palm Coast’s City Manager Candidates Withdraws, Clearing the Way for Pause and Reset Months from Now
  • JimboXYZ on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • Alic on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • aw, shucks on DeSantis Stands By Attorney General’s Defiance of Federal Court Order Halting Cops’ Arrests of Migrants

Log in