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Federal Judge Upholds Escambia County’s Removal of ‘And Tango Makes Three’ From School Libraries

The ruling treats school-library selection as outside First Amendment claims, with plaintiffs eligible to appeal.

Overview

  • Chief U.S. District Judge Allen Winsor granted summary judgment to the Escambia County School Board, rejecting claims by authors Peter Parnell and Justin Richardson and a student identified as B.G.
  • Winsor held that making books available in a school library does not create a forum for others’ speech, so the authors have no right to speak through the library and the student has no right to receive their message there.
  • The judge declined to resolve whether library curation is government speech, writing that the board would prevail regardless because the First Amendment is not implicated by these selection decisions.
  • The order noted the removal does not block access to the book entirely, stating students who want it must obtain it through other means.
  • The decision arrives alongside conflicting federal rulings on book removals, and a separate, broader Escambia County case brought by parents, authors, Penguin Random House and PEN America remains pending.