Major publishing companies and authors Friday argued that a federal judge should deny Florida’s request to dismiss a lawsuit over the removal of school library books, saying a controversial state law violates First Amendment rights.
Attorneys for the publishing companies, authors and other plaintiffs filed a document that, in part, disputed a state position that selection of school library books is “government speech” and, as a result, is not subject to the First Amendment.
“First, school libraries have not historically communicated messages from the state. Instead, school libraries have long served as vehicles to expose students to a broad array of ideas from authors who express unique, personal points of view. … Second, messages conveyed in school library books are diverse and contradictory — not endorsed by the state, as government speech must be,” said the document, which responded to a Nov. 15 state motion to dismiss the case.
Also, the plaintiffs’ attorneys wrote that numerous courts have held First Amendment rights exist in libraries.
“Here, the challenged statutory provisions impose a statewide mandate from Florida legislators to librarians, educators, and school districts that has resulted in the removal of hundreds of books,” the document said. “These provisions eliminate the traditional discretion that librarians, schools, and school districts have had by requiring them to remove books that they had selected for library shelves based on educational criteria, community standards, and the value of each book as a whole.”
Six publishing companies, The Authors Guild, five authors and two parents filed the lawsuit Aug. 29 in federal court in Orlando. It is one of a series of lawsuits stemming from a 2023 state education law and related decisions by school districts to remove books from library shelves or to restrict access.
The lawsuit centers on parts of the law (HB 1069) that seek to prevent availability of reading material that is “pornographic” or “describes sexual content.”
In the Nov. 15 motion to dismiss the case, lawyers in Attorney General Ashley Moody’s office focused, in part, on the issue of library books as government speech.
“When the government selects materials to make available in a public-school library, it conveys that, in its view, those materials are of the ‘requisite and appropriate quality’ and will ‘be of the greatest direct benefit or interest to the community’ served,” the motion said, partially quoting a legal precedent. “The government, through public-school-library staff, effectively controls this message because it exercises final approval authority over book selection.”
Also, the motion to dismiss the case said the plaintiffs’ First Amendment claims “fail because the government does not generally violate the First Amendment when it withdraws a benefit that merely facilitates the exercise of a constitutional right.”
“The First Amendment does not require the government to provide access to particular materials in public-school libraries or to have school libraries at all,” the state’s lawyers wrote. “The students are free to access those books elsewhere, and authors and publishers can still distribute their books to students through bookstores or other libraries.”
The lawsuit names as defendants the State Board of Education and members of the Orange County and Volusia County school boards.
In the filing Friday, the plaintiffs’ attorneys described as overbroad the part of the law barring access to material that “describes sexual conduct.”
“The prohibition on books that contain content that ‘describes sexual conduct’ violates the First Amendment,” the document said. “This provision is overbroad because it encompasses any book with any content that describes sexual conduct without regard to the Supreme Court’s standard for content that is obscene for minors, which is not reasonable in light of the purpose of school libraries.”
The lawsuit cited removals from library shelves of numerous books, such as “The Bluest Eye” by Toni Morrison and “Love in the Time of Cholera” by Gabriel Garcia Marquez. Both of those authors were awarded the Nobel Prize in Literature for their novels and other work.
The plaintiffs in the case are publishing companies Penguin Random House LLC, Hachette Book Group, Inc., HarperCollins Publishers LLC, Macmillan Publishing Group, LLC, Simon & Schuster, LLC and Sourcebooks LLC; The Authors Guild; authors Julia Alvarez, John Green, Laurie Halse Anderson, Jodi Picoult and Angie Thomas; and parents Heidi Kellogg and Judith Anne Hayes.
The case has been assigned to U.S. District Judge Carlos Mendoza, appointed to the bench by Barack Obama.
–Jim Saunders, News Service of Florida
Jackson says
Books bans have increasingly become the policy tool of anti-black policy leaders who systematically perpetuate intolerance and ignorance. These attempts systematically and disproportionately impact Black youth who would benefit from the literary work’s interrogation of society as they shape their understanding of their people’s history. These violent actors know the cascading effect such works would have on all youth’s ability to challenge, interrogate, and ask for a better America.
Al says
The only person who cares about the color of your skin is you. Your insecurities of being black comes out loud and clear. Why do you think it’s appropriate to allow children to be exposed to adult material? This liberal argument that nothing is off limits when it comes to corrupting the minds of youth is disgusting. This ranks right up with baby daddy or baby momma instead of mother and father.
Dave says
Your point is overshadowed by your ignorance, sir. I saw nothing in Jackson’s well written post mentioning his race. Additionally, if you think that, in the south, the only person that cares about the color of a man’s skin is only that man, then you are badly mistaken.
Laurel says
Al: You may be fooling white people, but you are fooling very few black people. Do yourself a favor and change the channel.
No Political Affiliation says
White folk here, Al doesn’t speak for all of us, just the ignorant ones. Don’t you pay no mind to those fools, the graveyard is full of those same people who believed covid is a hoax.
Skibum says
Al, if you are apparently able to tell a person’s race and insecurities simply by reading words put in print, can we then assume you are a racially bigoted white supremist who is also intolerant of other people’s right to have school library approved reading material for their children’s reading pleasure without the need for government book bans… simply from looking at YOUR words you put in print? Putting your racial ignorance aside, gun manufacturers make and distribute pink colored rifles that idiot adults purchase for their very young girls who should NOT be exposed to, or possessing at such a young age. Where is your outrage at the things like that which actually do real harm to children, instead of feigning disgust of books and encouraging young people to read, to use their brains in order to learn? If you have children and you have no faith in the way you have raised them, then you either have been completely negligent or somehow failed to impart knowledge, the ability to think and make critical decisions, and to do what each child believes is right for them as they grow up. Books are NOT the danger you and others think is lurking out there, when one of the biggest dangers to every child is the phone they hold in their hand, the computer they have at home, AND the available, deadly firearms so prevalent everywhere in society thanks to red states where Republican elected officials think they need to get rid of all laws and restrictions to getting access to more and more guns. By the way, the leading candidate to replace Marco Rubio in the U.S. Senate is idiot Randy Fine, who currently is on a tear trying to lower the age of teenagers to purchase assault rifles… yeah, the horrible school librarians are trying to kill kids with reading material according to people like you, while you put your head in the sand and completely ignore, or worse, endorse really dangerous concepts like even easier access to firearms for children just because your preferred MAGA politicians also endorse them. Simply put, maybe it is YOU who is one of the bigger dangers to our nation’s children, NOT books!
Sherry says
Dear Skibum,
As usual, you have posted a truly excellent teaching moment for ole al. Unfortunately, your words may not even be read by someone who is so indoctrinated into the mindless maga cult. I would really love to be wrong about that opinion. Happy New Year Skibum!
Pat Stote says
Yes Happy New Year Skibum. You are like a breath of fresh air
What Else Is New says
Bless your heart, Al. Your operative word here is control. You wish to control public school teachers, librarians and schools due to your insecurities regarding the classics. Please read, The Bluest Eye and Love in the Time of Cholera. Please read more of the classics banned by insecure Ron DeSantis and his ilk. As a retired educator, I wrote grants to obtain books for my classroom. At the end of each year, I distributed these books to children who began to build their own libraries. As an educator, I was trusted to know appropriate books for the ages I taught. How dare an insecure Governor and a legislative body to ban books. Will we next see a burning of books such as done by Hitler?
Ed Danko, former Vice-Mayor, PC says
Parents, along with their locally elected school board members, have the responsibility and the sole right to decide what books are appropriate and what books are not for our children. Perverted liberal. WOKE greedy publisher have no rights when it comes to the moral values parents decide to teach their children. We are taking America back and we are Making America Great Again! Liberals go find a so-called safe space and cry!
Sherry says
@mr. danko. . . Wow! having lived in Flagler Beach, and not Palm Coast, for 18 years. . . I’m embarrassed to say I never realized just what a fear filled and angry man you really are! Now, I understand why the good people of Palm Coast wanted so much to have you gone from their city council. Thank goodness they succeeded in voting you out!
Ed Danko, former Vice-Mayor, PC says
Please get your facts right. I did not run for reelection in Palm Coast, instead I ran for county commissioner and I only lost by 39 votes, but thank GOD Trump is returning to Make America Great Again!
Sherry says
mr. danko. . . I stand corrected. So, let me put this another way. . . Thank Goodness there were enough Flagler county voters who still live in a moral and factual reality that they did not elect you be a county commissioner. . . even in such a bright red county. Your terrible reputation for negative emotional outbursts, and your extreme political views obviously do not make you well suited to serve “ALL” the constituents in “any” elected position. Anger management classes/professional psychological counseling would serve you well, even in your private life.
T says
Ed the nut why so angry all the time you lost lol
The dude says
The firmer vice mayor lecturing on morality.
Irony has a face now. And it closely resembles a little lawn troll.
Mark says
Still doing tryouts for the convicted felons team.
Laurel says
Ed Danko, etc., etc.: “Liberals go find a so-called safe space and cry!” What a nasty thing to say! Children should not have a safe space away from bullies in schools? You had no business representing constituents, calling a very large population of Americans “Perverted liberal.” No one said that anything goes with books in schools. If you had paid any attention, you would have realized that there is, and has been, a Parent Teacher Association already in place. But no, you jump on a one sided bandwagon of narrow minded people who incorrectly call themselves “Christians” and “conservatives.”
“Woke” is slang for staying alert; to be aware of the possible dangers around you. It means to be awake. Your incorrect version of the word is a bastardization brought to you by the ignorant likes of Fox Entertainment.
Stay away from leadership, it’s not your forte.
Denali says
My Lord man, how can one person be so full of hate and vitriol? I would suggest that 80% of your issues come from the fact that you have never actually read anything other than Mien Kampf or the Orange Guys manifesto. The other 20% must come from being dropped on your head repeatedly. I would also suggest that you take some time out of your terribly busy schedule to read a bit of Ray Bradbury, starting with Fahrenheit 451. Perhaps it will pierce that void between your ears and bring enlightenment into your pathetic existence.
Ed Danko, former Vice-Mayor, PC says
Anytime you disagree with a liberal they call you a NAZI and pile on a bunch of nasty insults. They never let facts get in the way of their failed leftist policies. Thank God we live in the free state of Florida and soon Trump will be sworn in!
JC says
I’m a Republican who voted against you in the County Commissioner race because your behavior makes you look like a smuck. I was right to vote against you.
Skibum says
LOL yes, the so-called “free state of Florida” hahaha. Oh so free unless you want to say the word GAY in an official school or government arena, oops, our govie dictoator banned doing that. Did you forget about that lost freedom? Free unless you need women’s reproductive healthcare in this state because, oops, he also signed into law the 6-week abortion ban, one of the most restrictive in the entire nation. Did you forget about that lost freedom? Free unless you are in agreement with the overwhelming majority of our world’s scientific and climate experts, because our govie banned the use of terminology relating to CLIMATE CHANGE in official state documents, reports, memos, media briefs, etc. Did you forget about that lost freedom? Free unless you are a teacher or school administrator and want to include full, accurate and historical significant lessons of a racial nature, because, once again, our govie banned any instructional content in the state’s schools and higher education system on Critical Race Theory. He also banned any mention of, or the use of DEI (diversity, equity and inclusion) in our state. Did you forget about those lost freedoms? Govie bonehead signed a statewide anti-trans law which bans anyone from using a bathroom in all state and local government buildings unless the bathroom complies with that person’s sex organs assigned “at birth”, as if the FDLE and local law enforcement is going to be assigned to stand in the doorways of all bathrooms and order people wanting access to pull down their pants before going in so the DeSanctimonious police can eyeball everyone’s genitals, hopefully quickly before anyone pees their pants. Did you forget about that lost freedom? Again, our ridiculous govie banned the use of any pronouns a school student or teacher wishes to use that don’t conform with their genitals assigned at birth… so now school administrators also have to eyeball everyone’s sex organs, even kids?? Did you forget about that lost freedom? And, of course, in the “free state of Florida” he also signed into law the infamous book ban, and so far there have been upwards of 700+ books of all types removed from school libraries in the state – all of them previously having been reviewed and approved for school students. Did you forget about that lost freedom too in this so-called “free state”? Wow, so free, I’m exhausted after recalling the freedoms that we NO LONGER enjoy here in FL!
T says
You’re a nut lol
Denali says
For the record, I am not a liberal. I never called you a NAZI, I do not know you well enough. If I were to call you a name it would probably be something along the lines of being a bat-shit crazy bigot, that is if I were into name calling. As for you being insulted by anything I wrote, my words must have been accurate or your skin is thinner than that of your Orange Jesus. All I suggested was that you have never read any serious literary work with any relevance to our world and that you might try to read a true classic through which you might gain some insight as to the real world.
I must add that if your response to my comment was the best you can offer in the way of repartee; please, bring it on. For in a battle of wits, you are only half prepared. I truly hope that did not go over your head.
Skibum says
You know, Ed, every time I hear another wacko repeating govie goofball’s favorite lie, referring to this state as the “free state of Florida” after he has signed into law ban after ban, after ban, after ban, after ban, taking AWAY our more and more of our freedoms, you know what it reminds me of? The Democratic People’s Republic of Korea. You’re as smart cookie, so you must know that is NOT South Korea, it’s the official name of Kim Jong Un’s dictatorial, no freedom, no democracy whatsoever North Korea. Wow, the audacity of that country’s leader wanting to imply within its official name that it is democratic, or the people’s republic, when in reality it is so very much opposite of either. Now, back to Florida, where DeSantis obviously knows he has taken so many freedoms away from citizens in this state that he somehow believes the garbage of simply calling it the “free state of Florida” after enacting so many bans will easily deceive everyone into thinking it is true… just another psychological trick because he believes we are all that stupid. Well, Ed, maybe one of us is anyway, if he keeps repeating the lie and calling this state something that it isn’t! Who might that be, hmmm?
Mondexian Mama says
America was and is great in spite of neo fascism inspired by the lunatic fringe of the Republican party. Thanks to the orange blimp and his toadies we are a country divided. God Bless America and God damn the naysayers.
Beach Cat says
Oh for goodness sakes, Danko. Control, control. I bet you think women should not have the vote. Read the classics! You just might learn something about equality, diverse societies and how to think.
Atwp says
The Nazis burned books, perhaps from Jewish authors. Some white leaders are banning African American Studies in different schools. I believe the goal is to teach all things white and eliminate all things of other cultures. In this country this is happening because the wrong people are elected. There should be a ban on voting for Republicans. The good thing about white leaders is they die too. I do love that.
Ed P says
Atwp,
For the last couple of years a constant theme permeates your posts and repeatedly prompts me to try to understand the following-
Your diatribes lead me to the conclusion that you appear to be racist.
Yet, according to most reputable writings, blacks can’t be racist even if they have racial prejudices. Just as women can’t be sexist.
However, I believe that argument is convoluted and a self serving way to absolve oneself of possible racist fault.
What say you?
Please frame my post as a serious question. There is not a white person on this site that could post the counter to your last statement in your above post. Im baffled.
“The good thing about white leaders is they die too. I do love that.”
Tired of it says
The Republican dumbing down of America one book at a time. Their ignorant children won’t be able to compete in a world society. But it may not be an issue by the time they bring back Polio, Measles and all the other childhood diseases.
Laurel says
Tired: Well, the MAGAs do a pretty good job of culling themselves, which started in 2019. I’ll take my shots. But yes, America is dumbing down when half of it votes for a lying felon. That does not make America great, and will not make us look good in the eyes of the world, no matter what Fox Entertainment, and the grifter/felon, says.
tony says
Stop wasting your time with banning books let parents decide what their child reads. How about improving the lives for all and stop with telling others how to live their lives or their childs.
Sherry says
Banning books is “Censorship” plain and simple! However in Florida’s extreme right/fascistic political agenda, it goes far beyond censorship. . . the intention is to take away “Freedom” of Choice and parental control, Dumb Down the next generations, and “Indoctrinate” them into the “fear and hate” of the political extreme right of “White Nationalism”!
Disgusted says
Too many liberals have lost their minds! Maybe we should just allow X rated books and porn movies to be viewed in the school libraries? Is that your view? Get a life and move on! Deep Throat will be a best viewed movie. Maybe the kids in third grade can do a movie reviews in English class? This is how stupid your ideas are.
Pierre Tristam says
Isn’t it odd that this is where “disgusted” immediately goes? Porn. Deep Throat. X. That’s what the commenter equates literature that explores and questions identity with. In that commenter’s world, gays must automatically be predators and books are only as worthy as their censors. Disgusted has a few issues. Library books are clearly not among them.
Endless dark money says
I’ve spent lots of time in public school and have family there now. Never once ever have I seen any pornography in any library anywhere. It’s just not true (big surprise )Maybe a book about penguins with two penguin dads(happens in nature) that YOU may not like but not one shred of pornography. You act like they have playboys the kids can rent. I understand intelligence and thinking isn’t a strong suit for republicans but you can’t see the national conman just makes stuff to support his facsist agenda. Hopefully though president musk won’t eat my dog.
Sheila Zinkerman, Citizens for Truth and Justice in Education says
Special interest front groups in Florida continue to orchestrate attacks on our public school libraries and use vague language in new laws to accomplish the immediate removal of books that were vetted and approved by certified librarians and media specialists for age relevant students; this has led to lawsuits across the country.
After winning a lawsuit, Nate Coulter, Plaintiff and the Executive Director of the Central Arkansas Library System, appears to speak on behalf of many educational censorship lawsuits across the country, including Florida: “This ruling by Judge Brooks affirms the values that CALS librarians and, I believe, most of our citizens hold dear — namely that our Constitution does not deputize city boards or quorum courts, or librarians like me for that matter — to be the agents of government censorship by allowing any of us to remove or restrict access to books when some people in our community find the content or ideas in those books objectionable.”
Protect and defend the First Amendment, free expression, and freedom to read. Don’t let special interest front groups tell you what your family can read. Report censorship and book banning when it happens.
National Coalition Against Censorship
https://ncac.org/report-censorship
PEN America
https://pen.org/book-bans/report-a-book-ban/?
ACLU Stop W.O.K.E. Act – Book Bans
https://action.aclu.org/signup/fl-classroom-censorship-intake
Laurel Ann Robinson says
It is most probable that all the mud wrestling over book bans and libraries in school, even classroom curriculum, will be over once Linda McMahon is confirmed as Secretary of Education. Once she gets in the ring, all the federal programs associated with educating the nation’s youth that the DOE handles now will end up being transferred to other departments. HUD possibly, or HHS. Transferring programs like this does NOT require Congressional approval, nor is it subject to pesky citizen input. She and the new administration will put a strangle hold on public education, the very cornerstone of American democracy.
T says
Yeah I only care when I am told to care I know the books been their for years but I care now.
Tom Hutson says
Book Bans
Pierre, you are 100 % correct in your take on those crying to ban all books that are so nasty for our young people. Then the first thing they do is cry WOKE , and use the dirty adult movies that our precious children are watching as evidence of why we ban these books . Take a look at their leadership, Big Daddy Warbucks convicted felon ; cabinet picks abusing young girls , one may have even committed statutory rape. But, hey, Baby Mussolini refuses to remove a school board member for her association with individuals involved in threesomes . Yes Sir, they’re the pillars of the community that are setting the standards on these banned books. Oh my what would this world be without them?
Jim says
I think it sad that all this time and energy is spent on banning books. I read the comments above that seem to believe this is some kind of victory and should be celebrated.
What I don’t see is any concerns about the state of our school systems in Florida. We are consistently rated in the bottom 20% of the nation in education through 12th grade. In Flagler County, our schools get a “B” rating which means that we’re not even near the 20% mark; we’re even lower. So time is spent on banning books but those same people are satisfied with a very poorly rated educational system.
I think that the “conservatives” amongst us are much more focused on banning books, making sure transgenders stay out of bathrooms and sports, getting all the “foreigners” out of this country, making sure we don’t give any migrants a break on college tuition and assuring parents get government assistance for sending their kids to private schools. There’s no indication of any concerns about the deficiencies of the state’s educational system.
So, somehow, if we ban the books and do all the other things I’ve mentioned, I guess the conclusion is – somehow – our school system will be better and we’ll have well educated graduates who can compete with the top 80% of kids in the USA. I don’t understand that logic and I’d bet a lot of money Florida will be in the bottom 20% for years to come.
This is what happens when the people in charge deflect from our deficiencies with these culture war side shows. It’s been effective because we have too many people that are more interested in seeing other people’s “houses burned down” and spending the time and effort to build systems up to make us all better.
The next four years will be something to see. I’d compare it to watching trains heading towards each other at a high speed. You don’t want to see what is going to happen but you can’t turn away.
Endless dark money says
Republican cons control the media so they can push their false narratives and get people to vote against their own self interests.