Six of the largest U.S. book publishers are suing Florida education officials, challenging a new state law that the plaintiffs say allows the removal of books from school libraries based on “an empty and meaningless overbroad standard.”
Penguin Random House, HarperCollins Publishers, Simon & Schuster, other publishers and authors filed the federal lawsuit Aug. 29 in the Middle District of Florida. They allege that a provision of House Bill 1069, which was passed by the Legislature last year, violates the First Amendment rights of publishers, authors and students by allowing school library books to be pulled based on “pornographic” content or content describing “sexual conduct.”
The plaintiffs accuse Florida schools of banning hundreds of book titles across the state, including Aldous Huxley’s Brave New World, Kurt Vonnegut’s Slaughter-House Five and Anne Frank’s The Diary of a Young Girl. And even if a district declines to affirm a community member’s objection to a book title, the objector can seek an appeal through a state-appointed magistrate.
“Authors have the right to communicate their ideas to students without undue interference from the government,” the lawsuit states. “... If the state of Florida dislikes an author’s idea, it can offer a competing message. It cannot suppress the disfavored message.”
A spokesman for the Florida Department of Education rejected the assertion that the state bans books.
“This is a stunt,” Sydney Booker, the department’s communications director, said in an email to the Florida Record. “There are no books banned in Florida. Sexually explicit material and instruction are not suitable for schools.”
The legal complaint alleges that HB 1069’s book-removal section violates two decisions in the 1970s by the U.S. Supreme Court that explained how content can be reviewed for obscenity or pornographic content.
“Plaintiffs take issue with the removal of books under the guise of ‘pornography’ that are not remotely obscene,” the lawsuit says. “Plaintiffs seek a declaration that Section 1006.28’s prohibition on content that ‘describes sexual conduct’ is unconstitutionally overbroad in violation of their rights under the First Amendment.”
Such school library books cannot be removed from shelves without consideration of their value as a whole, based on past Supreme Court precedents, according to the complaint.
“As publishers dedicated to protecting freedom of expression and the right to read, the rise in book bans across the country continues to demand our collective action,” the publisher plaintiffs said in a joint statement. “Fighting unconstitutional legislation in Florida and across the country is an urgent priority. We are unwavering in our support for educators, librarians, students, authors, readers – everyone deserves access to books and stories that show different perspectives and viewpoints.”
The plaintiffs in the case also include several authors, who expressed in a statement their desire to have their words affect readers’ lives.
“We share our stories in hopes that they will resonate with readers, help them feel understood and introduce them to new perspectives,” the author plaintiffs said in a joint statement. “Laws like HB 1069 in Florida deprive students of this opportunity and must be stopped.”
The lawsuit seeks a declaration that the new law’s prohibition on books that describe “sexual conduct” and its application of the term “pornographic” are unconstitutional. The plaintiffs are also asking the court for the costs of advancing the lawsuit and reasonable attorney fees.