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Judge Strikes Down Core Provisions of Florida School Book Law

The ruling restores the Miller obscenity standard for reviewing challenged titles, triggering an expected appeal by state officials.

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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Overview

  • U.S. District Judge Carlos Mendoza found that the law’s ban on material that “describes sexual conduct” is overbroad under the First Amendment and unconstitutional.
  • The court rejected Florida’s argument that library book removals constitute government speech, noting that content-based prohibitions lack intentional expressive intent.
  • The decision reverts review of challenged works to the Supreme Court’s Miller test, which requires assessing a work’s literary, artistic or political value as a whole.
  • Since HB 1069 took effect in 2023, state guidance and penalties for educators prompted thousands of preemptive removals of both classics and children’s books.
  • Florida officials have already announced plans to appeal the ruling, leaving school districts in legal uncertainty over library policies.