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Major publishers sue Florida over 'unconstitutional' book ban law

by LJ News Opinions
August 29, 2024
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A group of major book publishers sued the state of Florida over what they called an “unconstitutional” book ban law that allows challenges to books in school libraries. 

Six publishers, Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks, along with Authors Guild and some prominent book authors, filed the 94-page lawsuit on Thursday in federal court in Orlando.

In the suit, they argued that book bans have surged in violation of the First Amendment because of the passage of Florida’s 2023 education bill, HB 1069. HB 1069 allows parents to try to remove materials from schools if they are seen as pornographic by the school boards. 

With the legislation’s passing last year, the plaintiffs argued Florida “has mandated that school districts impose a regime of strict censorship in school libraries.” They added that the law “requires school districts to remove library books without regard to their literary, artistic, political, scientific, or educational value when taken as a whole.” 

The complaint stated that hundreds of books have been banned, including “A Tale of Two Cities” by Charles Dickens and “The Diary of a Young Girl” by Anne Frank. 

“By so broadly regulating the display and availability of books that are constitutionally protected as to at least a significant number of students, these restrictions—as interpreted and enforced by the State of Florida—violate the First Amendment because they are impermissibly overbroad content-based restrictions,” they said in the lawsuit. 

Penguin Random House, the nation’s biggest publisher, penned a lawsuit late last year, alongside free-speech advocacy organization PEN America against Escambia County School Board because of the district utilization of the rule, according to Tamba Bay Times. 

The Hill reached out to the Florida Department of Education spokesperson for comment.



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