Particle.news
Download on the App Store
6 ARTICLES
·
5h ago

Court Strikes Down Core Provisions of Florida’s School Library Book Law

The decision applies Supreme Court obscenity standards to challenged books; enforcement on returning titles now hinges on forthcoming appeals.

In this Oct. 10, 2018 photo, Angie Thomas, 30, a Jackson, Miss., resident whose book, "The Hate U Give," has been on a national young adult best-seller list for 82 weeks, finishes autographing a copy of her book at a reception in Jackson, Miss. (AP Photo/Rogelio V. Solis)
Image
A federal judge ruled that the Florida law that led schools to remove books such as Toni Morrison’s “The Bluest Eye” is unconstitutional. (Dirk Shadd/Tampa Bay Times/TNS)
Image

Overview

  • Judge Carlos Mendoza ruled that HB 1069’s ban on material that “describes sexual conduct” is unconstitutionally vague and fails to weigh a work’s literary or educational value.
  • The decision requires application of the Supreme Court’s Miller Test, assessing challenged books in their entirety rather than by isolated passages.
  • The court rejected Florida’s argument that school library selections constitute government speech, finding that automatic removals based on objections do not express an official state message.
  • Plaintiffs—including major publishers, The Authors Guild, five authors and two parents—prevailed on five of seven legal counts but did not secure a total invalidation of the statute.
  • State officials have indicated they will appeal, leaving the fate of hundreds of removed titles and the broader enforcement of HB 1069 subject to further judicial review.