Overview

• Judge Carlos Mendoza ruled that the statute’s ban on material that “describes sexual conduct” is vague and overbroad in violation of the First Amendment.
• He rejected Florida’s claim that mass book removals constituted “government speech” exempt from First Amendment review.
• The ruling restores use of the Miller Test to evaluate books as a whole rather than isolated passages, reversing the law’s expedited interim removal process.
• Mendoza found the law fails strict scrutiny on five of seven counts and ordered future challenges to follow established obscenity standards.
• The state is expected to appeal the ruling, raising questions about the return of removed titles and the impact on similar policies elsewhere.