Major publishers Penguin Random House and HarperCollins have joined a lawsuit against the state of Florida, over legislation that has facilitated book bans.
In 2023, Florida Governor Ron DeSantis approved a law allowing people to request the removal of materials that include “sexual conduct” from schools.
Now, a group of publishers, authors, and parents are attempting to sue the state’s education authorities. They argue the law violates the U.S. Constitutional right to free speech.
Background
In 2023, Florida passed a law allowing parents or local residents to request the removal of material from classrooms and school libraries that they consider “inappropriate or unsuitable.”
The law covers material that is “pornographic [or] describes sexual conduct”.
The American Civil Liberties Union Florida (ACLU) issued a statement. It said the law “attacks” U.S. citizens’ right to freedom of speech, which is protected by the First Amendment to the Constitution.
The ACLU said the law “discriminates against parents who oppose book bans and censorship”.
In February, DeSantis said the law didn’t mean the state would “ban books”.
Instead, he said the law ensures school materials “adhere to state education standards.”
However, DeSantis raised concerns that some were “taking advantage” of the law “to object to items including… the Bible”.
Legal action
Parents, authors, and a group of major publishing companies have sued Florida over certain book bans.
Authors part of the case include Angie Thomas (‘The Hate U Give’) and John Green. Green’s novel ‘Looking For Alaska’ was banned in 27 school districts across the U.S. in 2022/23.
The group have argued that the law violates the First Amendment right and “seeks to control the flow of information to minors.”
The lawsuit said the phrase “describes sexual conduct” is “vague and ambiguous”, leading to “overbroad interpretations” of the law.
The group is not calling to overturn the entire law, as it agrees with the standard to prohibit books that are “harmful to minors”.
However, it wants to repeal part of the bill, which it argues allows for “the removal of books under the guise of ‘pornography’ that are not remotely obscene”.
Impact
PEN America is a not-for-profit “at the intersection of literature and human rights to protect free expression”.
It said over 1,500 book titles were removed from Florida schools during the 2022/23 school year.
“Authors whose books are targeted are most frequently female, people of colour, and/or LGBTQ+ individuals,” PEN America said.
“Authors have the right to communicate their ideas to students without undue interference from the government… Publishers and educators connect authors to students. If the State of Florida dislikes an author’s idea, it can offer a competing message. It cannot suppress the disfavoured message.”
A lawsuit filed in the U.S. Federal Court by a group of publishers, authors, and parents.
