Publishing Companies and Authors Argue Against Florida’s Request to Dismiss Lawsuit Over School Library Book Removals
Federal Judge Should Deny Request, Say Attorneys
Major publishing companies and authors have argued that a federal judge should deny Florida’s request to dismiss a lawsuit over the removal of school library books, saying a controversial state law violates First Amendment rights.
Plaintiffs Dispute State Position on "Government Speech"
Attorneys for the publishing companies, authors, and other plaintiffs filed a document Friday that disputed a state position that selection of school library books is "government speech" and, as a result, is not subject to the First Amendment.
School Libraries Have Always Served as Vehicles for Exposure to a Broad Array of Ideas
The document stated that school libraries have not historically communicated messages from the state, but instead, have long served as vehicles to expose students to a broad array of ideas from authors who express unique, personal points of view.
Messages Conveyed in School Library Books Are Diverse and Contradictory
The document also argued that the messages conveyed in school library books are diverse and contradictory, not endorsed by the state, as government speech must be.
Numerous Courts Have Held First Amendment Rights Exist in Libraries
The plaintiffs’ attorneys wrote that numerous courts have held First Amendment rights exist in libraries, and that the challenged statutory provisions impose a statewide mandate from Florida legislators to librarians, educators, and school districts that has resulted in the removal of hundreds of books.
Removals of Books Have Resulted in Elimination of Traditional Discretion
The document stated that the removals of books have resulted in the elimination of traditional discretion that librarians, schools, and school districts have had by requiring them to remove books that they had selected for library shelves based on educational criteria, community standards, and the value of each book as a whole.
Conclusion
The lawsuit, filed in federal court in Orlando, centers on parts of the 2023 state education law that seek to prevent availability of reading material that is "pornographic" or "describes sexual content." The plaintiffs are seeking an injunction to block the enforcement of the law and to restore the books to library shelves.
Frequently Asked Questions
Q: What is the lawsuit about?
A: The lawsuit is about the removal of school library books in Florida due to a state law that seeks to prevent availability of reading material that is "pornographic" or "describes sexual content."
Q: Who are the plaintiffs in the lawsuit?
A: The plaintiffs are six publishing companies, The Authors Guild, five authors, and two parents.
Q: What is the state’s position on the lawsuit?
A: The state argues that the selection of school library books is "government speech" and, as a result, is not subject to the First Amendment.
Q: What is the outcome of the lawsuit?
A: The outcome of the lawsuit is pending, with a federal judge set to hear the case.
