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2d ago

Federal Judge Invalidates Key Provisions of Florida’s School Library Law

HB 1069’s ban on books that describe sexual conduct fails strict scrutiny under the First Amendment, reverting library reviews to the Miller obscenity standard

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)
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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)
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Overview

  • U.S. District Judge Carlos Mendoza ruled that the statute’s prohibition on material that “describes sexual conduct” is unconstitutionally overbroad and vague
  • The court found that school library removals do not qualify as government speech and must undergo First Amendment scrutiny
  • Mendoza’s order reinstates the Supreme Court’s Miller Test, which assesses obscenity by judging works as a whole
  • Florida officials have a 30-day window to appeal the decision, and other portions of HB 1069 remain subject to ongoing constitutional review
  • School districts face uncertainty over when and how to return removed titles to shelves while related lawsuits proceed