A federal judge has struck a blow against Florida’s book bans, ruling that part of a DeSantis-backed law used to sweep classics and modern novels off school shelves is so vague that it’s unconstitutional.
U.S. District Judge Carlos Mendoza of the Middle District of Florida focused on the portion of the law that prevents books that “describes sexual conduct” in his Aug. 13 order, saying it’s “unclear what the statute actually prohibits” and to what detail of sexual conduct is prohibited.
The statute (HB 1069) was signed by Gov. Ron DeSantis in 2023, and it’s been used to remove thousands of books from Florida’s school library shelves.
Mendoza drew concern with classical literature and more modern works such as “The Handmaid’s Tale,” among 23 books removed from Orange County and Volusia County schools.
To defend book removals, DeSantis and state officials have pointed to “government speech,” a legal doctrine that the government has the right to promote its own views without being required to provide equal time or a platform for opposing views.
Mendoza disagreed.
“A blanket content-based prohibition on materials, rather than one based on individualized curation, hardly expresses any intentional government message at all,” he said. “Slapping the label of government speech on book removals only serves to stifle the disfavored viewpoints.”
The judge’s order is a win for Penguin Random House and five other publishers, the Authors Guild, two parents and authors Julia Alvarez, John Green, Angie Thomas, Laurie Halse Anderson and Jodi Picoult. Green is famous for his books “Looking for Alaska” and “Paper Towns,” both of which were mentioned in the order.
Penguin Random House is “elated” that the federal judge upheld First Amendment protections for students, educators, authors and publishers, and that books may only be removed if they lack “serious literary, artistic, political, or scientific value” when considered, said Dan Novack, vice president and associate general counsel of Penguin Random House.
“This is a sweeping victory for the right to read, and for every student’s freedom to think, learn, and explore ideas,” Novack said in a statement.
Jason Muehlhoff, representing members of the State Board of Education in this case, called this order a “bad decision.” Muehlhoff is the chief deputy solicitor general in Florida Attorney General James Uthmeier’s office. “We plan to appeal, and we plan to win,” he added.
Summer 2025: Book removals and pronouns under scrutiny
Even though the law was passed two years ago, HB 1069 has been the talk of many of Florida’s federal courtrooms this summer.
The judge’s order does not cast down all of the law, which restricts teachers from using preferred pronouns in schools outside their assigned sex at birth and expedites a process for people to object to reading materials and books in schools.
The law brought outrage amongst the LGBTQ+ advocates who criticize state officials of limiting LGBTQ+ themes in schools, by restricting preferred pronoun usage and by often removing books with these topics from libraries.
The same day as Mendoza’s order calling one portion of this law unconstitutional, another federal judge in Florida agreed that the law discriminated based on sex.
Books in schools will continue to be reviewed by media specialists once parents object to their local school boards, since neither court case strikes down this capability. However, the state has recently moved to streamline this process by placing pressure on school districts for speedier removals.
This summer, Hillsborough County superintendent Van Ayres has been under fire by state officials for “pornographic” books in its school libraries. Last week, state Education Commissioner Anastasios “Stasi” Kamoutsas reprimanded Ayres on social media for a transgender memoir in its district’s media centers.
Throughout the summer, Hillsborough County was repeatedly under the spotlight by state officials for housing books the state drew issue with, often citing “inappropriate content.” After Ayres was scolded by the State Board of Education, multiple school districts removed the same books in fear of retaliation.
Pending First Amendment and book removal litigation
Penguin Random House is also pending litigation on another case with PEN America against the Escambia County School Board. Mid-July, a federal appeals court dismissed an appeal for a district court order, where school board members were seeking “legislative privilege” in their book ban lawsuit.
Penguin Random House and PEN America, a top free speech group, filed a lawsuit alongside parents and authors in federal court May 2023, alleging these book bans were unconstitutional.
One book, “And Tango Makes Three,” was named in this lawsuit, and it also became central to a lawsuit filed June 2023 by its authors against a Lake County school district. The book is based on the story of two male penguins raising a chick named Tango at the Central Park Zoo.
This case was initially filed in the Middle District of Florida and was later moved to the Northern District of Florida. It is still pending.
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@gannett.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Florida book ban law partly struck down in federal free speech case
Reporting by Stephany Matat, USA TODAY NETWORK – Florida / Tallahassee Democrat
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