Introduction to the Case
A district court in Florida on Monday ruled that the Escambia County school board had not violated the First Amendment rights of students or authors when it removed a children’s book from its school libraries called “And Tango Makes Three,” which is about two gay male penguins raising a penguin chick.
The lawsuit was brought by the picture book’s authors, Justin Richardson and Peter Parnell, and an elementary school student who was identified by the initials B.G. The suit maintained that Escambia removed the book because it disagreed with its viewpoint, a decision which infringed on their free speech rights.
Background of the Book
The book “And Tango Makes Three” tells the story of two male penguins that have paired off and built a nest together. “They must be in love,” the zookeeper thinks. When the two penguins put an egg-shaped rock in their nest and start sitting on it like all the other penguin couples do, the zookeeper replaces it with a real egg that needs to be cared for. That egg becomes Tango.
The book “illustrates that same-sex parents exist, that they can adopt and raise offspring, and have happy and healthy families,” the plaintiffs maintained.
The Lawsuit and Defense
The lawsuit claimed that the book was removed because it depicted a same-sex relationship. “There is no dispute,” the plaintiffs said in a court filing, that the book was removed “because ‘Tango’ depicts a same-sex relationship.”
In its defense, Escambia said that a library collection was a form of government speech, which meant it was entitled to curate the collection as it saw fit, and that the authors did not have a right to have their book included. Escambia also argued that the plaintiffs could not prove the board removed the book based on viewpoint discrimination.
The Court Ruling
Judge Allen Winsor, of U.S. District Court for the Northern District of Florida, ruled in Escambia’s favor, but leaned on a different argument. He said that a school library is not a public forum for expressing opinions, so the author’s First Amendment rights were not violated. Removing the book from its collection also did not keep it from the student who sued, the judge said, because the student could still buy the book or borrow it from a friend.
“The good news is I need not decide the difficult government-speech issue to resolve the case,” the judge wrote. “Either way, the First Amendment offers Plaintiffs no protection.”
Reaction to the Ruling
Lauren Zimmerman, a partner at Selendy Gay, the law firm representing the plaintiffs, said the ruling “stands for the idea that the First Amendment does not apply to government censorship in a library. We think that’s wrong.”
The Escambia County School Board did not respond to a request for comment.
Conclusion
The ruling in the case of “And Tango Makes Three” has significant implications for the removal of books from school libraries. The court’s decision suggests that school libraries are not considered public forums for expressing opinions, and therefore, the First Amendment does not apply to book removals. This ruling may embolden school boards to remove books that they deem controversial or objectionable, potentially limiting students’ access to diverse perspectives and ideas.
FAQs
Q: What is the book "And Tango Makes Three" about?
A: The book is about two gay male penguins raising a penguin chick.
Q: Why was the book removed from the school library?
A: The book was removed because it depicted a same-sex relationship.
Q: What was the court’s ruling in the case?
A: The court ruled that the school board did not violate the First Amendment rights of the authors or students by removing the book from the library.
Q: What are the implications of the ruling?
A: The ruling suggests that school libraries are not considered public forums for expressing opinions, and therefore, the First Amendment does not apply to book removals.
Q: Has the ruling been appealed?
A: The case has not been appealed yet, but the plaintiffs may consider appealing the decision.
Originally Published: October 1, 2025 at 7:06 PM EDT
