Florida school district sued for violating first amendment rights with book bans
PEN America, a non-profit US organization that works to protect freedom of speech, along with publishing company Penguin Random House, and individual parents, have filed a lawsuit against a Florida school district for implementing book bans.
The suit argues the removal and restriction of access to books discussing race, racism and LGBTQ+ identities violates the first amendment. It comes after rightwing groups have sought to remove books from libraries and schools in the US – often ones that address issues of racism or sexual identity.
The book ban movement, led by conservative groups – some of whom aren’t even currently parents of school children – gained special traction last year, spearheaded by groups like Moms For Liberty and No Left Turn in Education.
In an interview with the Guardian, Nadine Farid Johnson, the managing director of PEN America Washington and Free Expression Programs, said Florida’s Escambia county school district in particular, was at the heart of the recent book ban movement.
“Looking at the landscape of what is happening and recognizing Escambia county, in particular, and its efforts to restrict and remove these books – it is time now to challenge this for the unconstitutional act that it is,” she said.
The district first began banning books by placing them in restricted sections of the district’s school libraries and only granting access to students who had parental approval. Some of the books placed in the restricted sections include Bluest Eye by Toni Morrison and The Perks of Being a Wallflower by Stephen Chbosky.
Other books were flat out banned like And Tango Makes Three, a story about two male penguins who created a family together, and All Boys Aren’t Blue, a memoir about growing up Black and queer in New Jersey written by George M Johnson.
“It’s important that these books go back on the shelf so that student can access the books, as is their first amendment right,” Johnson said.
“I think the important point here is ensuring students have access to books on a wide range of topics expressing a diversity of viewpoints. It really does implicate a core of public education, which is preparing students to be thoughtful and engaged citizens. And our supreme court has made clear that the government cannot be censoring books just because officials disagree with ideas they contain and that’s what’s happening here. And that’s why we are taking this action.”
PEN America began tracking book bans in schools across the country in the 2021-2022 school year. During the first half of the 2022-23 school year, it found 1,477 instances of individual books banned, affecting 874 unique titles.
States with the most book bans are Florida, Texas, Utah, Missouri and South Carolina.
In a statement, PEN America’s CEO, Suzanne Nossel, said: “Children in a democracy must not be taught that books are dangerous. The freedom to read is guaranteed by the constitution. In Escambia county, state censors are spiriting books off shelves in a deliberate attempt to silence pluralism and diversity. In a nation built on free speech, this cannot stand. The law demands that the Escambia county school district put removed or restricted books back on library shelves where they belong.”
