We know that lawsuits are the best way to challenge laws designed to ban books at the local and state level. Today, several major publishers, along with authors, students, parents and others, filed a new lawsuit in the state of Florida, targeting provisions of state House Bill 1069. These provisions restrict books in school libraries.
Publishers Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster and Sourcebooks, as well as authors Julia Alvarez, Laurie Halse Anderson, John Green, Jodi Picoult and Angie Thomas are among those filing lawsuits against state officials. Also involved in the case are the Authors Guild, two parents and two students.
“As publishers committed to protecting free speech and the right to read, the rise in book bans across the country continues to require our collective action. Fighting unconstitutional laws in Florida and across the country is an urgent priority,” the publishers said in a joint statement. “We fully support educators, librarians, students, authors and readers – everyone deserves access to books and stories that showcase diverse perspectives and viewpoints.”
The lawsuit concerns a requirement that school libraries remove any material that could be considered “sexual content.” The educational value of the material does not need to be considered, nor does the work as a whole need to be considered. This means that materials do not have to meet the Supreme Court’s Miller test for obscenity to be removed. HB 1069 allows a parent or county resident to file a complaint about a book, and the school must remove it from shelves within five days. The material will continue to remain inaccessible until a resolution is found — keeping it, removing it, or otherwise restricting it. If the person who filed the complaint is not satisfied with the outcome, they can appeal to a state-appointed judge who has the authority to make a decision about the “appropriateness” of the material.
“Book bans censor authors’ opinions, negate and cover up their life experiences and stories,” said Mary Rasenberger, CEO of the Authors Guild. “These bans have a chilling effect on what authors write about, and they damage authors’ reputations by creating the false impression that their books are something naughty. Yet these very books have been edifying young people for decades, expanding their worlds, and building their self-esteem and compassion for others. We all lose when authors’ truths are censored.”
The bill, which came into effect in July 2023, resulted in the removal of hundreds of books nationwide.
“Florida HB 1069’s complex and overbroad provisions have caused chaos and upheaval across the state, resulting in thousands of historical and modern classics – works we proudly publish – being unlawfully labeled obscene and removed from shelves,” said Dan Novack, vice president and associate general counsel at Penguin Random House. “Students need access to books that reflect a broad range of human experiences in order to learn and grow. It is essential to the education of our young people that teachers and librarians can use their expertise to match our authors’ books to the right reader at the right time in their lives.”
This lawsuit focuses on the House bill’s violation of the Miller Test and hopes to restore the right of trained professionals in the education system – library workers and teachers – to do their jobs without government interference.
It’s not the first lawsuit filed in the state of Florida against a publisher’s removal of books from school shelves. Penguin Random House and PEN America are currently suing Escambia County Schools for removing more than a thousand books from shelves. Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster and Sourcebooks have also filed suit against Iowa authorities over the state’s SF 496, which a federal appeals court has allowed to go into effect (and which has led to the removal of dozens of books across the state, including 50 from Dubuque schools this week).
