Introduction to the Controversy
A Florida law that has pushed public schools to remove thousands of books, including literary classics, from their shelves could get even more restrictive soon, as Republican lawmakers move to close a “loophole” they say still allows volumes depicting nudity or sexual conduct to remain on campuses.
New bills backed by GOP legislators would mean school districts could no longer consider a book’s artistic, literary, political or scientific value when deciding whether to keep it. Instead, any book that “describes sexual conduct” could face removal.
The Existing Law and Its Implications
Already, critics argue the 2023 law is unconstitutional — a pending federal lawsuit says it violates the First Amendment — and overly broad and vague. Some worried educators have removed children’s picture books, such as “No David!” by David Shannon, for showing cartoonish bare bottoms out of fear they depict the prohibited “sexual conduct.” Classics, such as Leo Tolstoy’s “Anna Karenina” and Ernest Hemingway’s “For Whom the Bell Tolls” also have been pulled.
The Proposed Changes
But Republicans say there are still inappropriate and “pornographic” books in school libraries and classrooms, and they argue the law needs to be strengthened. “If I took a picture with my phone of what is in some of these books, and I transmitted it via text to a fourth grader sitting across the hall from the library in Mrs. McGillicuddy math class, I would go to federal prison,” said Sen. Clay Yarborough, R-Jacksonville.
Evaluating Books for Their Merits
The current law gives districts some room to evaluate books for their merits, even if they are challenged as inappropriate. Orange County Public Schools, for example, reviewed Trevor Noah’s book “Born a Crime” after someone filed a complaint, charging it was too sexually explicit. A district committee determined that the comedian and TV host’s memoir about growing up under apartheid in South Africa was a worthwhile read for interested high school students and that it did not violate the law.
Potential Legal Troubles
Senate staff members who analyzed its bill (SB 1692) suggested the new legislation, while making it harder to keep some books on school shelves, could lead to further legal troubles, with the state facing additional “challenges under the First Amendment.” But both House and Senate bills have gotten favorable committee votes by their GOP majorities.
Criticism from Democrats
“I thought we were done with the culture wars. I thought we were done with all of the excessive book banning, but here we are,” said Sen. Carlos Guillermo Smith, D-Orlando, at a recent committee meeting, where he voted against the bill. “I’m not sure how this helps anyone.” Florida led the nation in school book bans last school year with 4,561 instances reported in its public schools, according to PEN America, a free-speech group.
The Impact on Schools
Rep. Dean Black, R-Jacksonville, said he didn’t think his fellow House committee members had seen the questionable books for themselves. “They shouldn’t be anywhere near our children. This bill fixes that,” he said as a committee approved the House bill (HB 139). Both bills would alter the state’s criminal code that defines material “harmful to minors,” so that schools could not use the argument that a book that describes “sexual conduct” should remain because it has “serious” artistic, literary, political or scientific merit — part of a standard set by the U.S. Supreme Court in 1973 known as the Miller Test.
Author and Educator Reactions
Judy Blume, an award-winning author, spoke against the bills at a virtual press conference Friday, saying book bans hurt students. Adults are afraid, she added, that books will prompt too many questions or make children change. “Books don’t make kids become anybody else. Books make kids think,” Blume said.
Blume’s 1975 novel “Forever,” about teenage romance and sexuality, has been challenged by a parent in Orange who objected to a copy found at Timber Creek High School, district documents show.
First Amendment Concerns
Aaron Terr, the director of public advocacy at the Foundation for Individual Rights and Expression, said removing educators’ ability to judge the artistic, literary, political and scientific value of books would violate the First Amendment. “Courts have consistently recognized the ‘serious value’ prong as essential to distinguishing constitutionally protected material from obscenity, including in the context of minors,” Terr wrote in a memo to Florida lawmakers, urging them to vote down the bills.
Conclusion
The controversy over book removals in Florida schools continues to escalate, with Republican lawmakers pushing for stricter laws and Democrats, authors, and educators arguing that these laws are unconstitutional and harmful to students. The outcome of this debate will have significant implications for the future of education and free speech in Florida.
FAQs
Q: What is the current law regarding book removals in Florida schools?
A: The current law requires the removal of materials alleged to contain pornography or obscene depictions of sexual conduct.
Q: What changes are being proposed to the law?
A: The proposed changes would prevent schools from considering a book’s artistic, literary, political, or scientific value when deciding whether to keep it, and would make it easier to remove books that describe sexual conduct.
Q: What are the potential implications of these changes?
A: The changes could lead to further book bans, limit access to information for students, and potentially violate the First Amendment.
Q: Who is opposing the proposed changes?
A: Democrats, authors, educators, and free-speech groups are opposing the proposed changes, arguing that they are unconstitutional and harmful to students.
Q: What is the status of the proposed bills?
A: The bills have received favorable committee votes from GOP majorities, but their fate is still uncertain as they move through the legislative process.
