Publishers win lawsuit against controversial book ban in Florida
A federal judge ruled last Friday that Florida’s HB2019 law, which allowed parents to remove books with alleged sexual content from school libraries and classrooms, was overly broad and unconstitutional.
“Historically, librarians curate their collections based on professional judgment, not by orders from above,” the judge stated. “There are also indications that the law swept up far more non-obscene books than just the titles mentioned here.”
The law was also used to remove, in addition to titles such as Margaret Atwood’s The Handmaid’s Tale, Richard Wright’s Native Son, and Kurt Vonnegut’s Slaughterhouse-Five, books with LGBTQ themes from school libraries.
Last year alone, some 4,500 books were pulled from various school libraries. Under the 2023 law, Florida schools could be pressured to remove books deemed “inappropriate” or “too pornographic” by parents. In the Collier County School District, more than 350 books were removed under HB1069, including If I Was Your Girl by Meredith Russo and Full Disclosure by Camryn Garrett. Other well-known LGBTQ+ titles, such as And Tango Makes Three, I Am Jazz, and Jacob’s New Dress, were also banned across multiple Florida districts due to the law’s vague wording. According to research by PEN America, 39% of the books removed in more than one district were LGBTQ-related.
Several major publishers, including Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishing, and Simon & Schuster, joined with a number of authors to challenge the law in court. The judge’s ruling emphasized that schools must rely on a U.S. Supreme Court precedent: whether the average person would find the work as a whole sexually arousing; whether it depicts sexual content in an offensive manner; and whether the work lacks literary, artistic, political, or scientific value.
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