Since Governor Ron DeSantis got his “Don’t Say Gay” law in 2023, Florida has led the nation in book banning. That nefarious activity is currently on hold because a federal judge struck down DeSantis’s “Don’t Say Gay” law.
Anytime a book banning law gets knocked down, we should celebrate a victory for the freedom to read. Another court, higher-up, may overturn the decision, but for now it’s good news.
Stephany Matt of the Palm Beach Post reported:
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…
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..
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