Major book publishers, including Penguin Random House and Simon & Schuster, have taken legal action against the state of Florida over a controversial law that allows schools to ban certain books from their student libraries. The lawsuit, filed on Thursday, argues that the law infringes on First Amendment rights to free speech.
The publishers have named several books that have been removed from school libraries under the law, including works by renowned authors Maya Angelou and Ernest Hemingway. Florida officials have denied that the state has banned books, with a Department of Education spokesperson stating that sexually explicit material and instruction are not suitable for schools.
At the center of the lawsuit is a bill passed in Florida last year that requires schools to develop a mechanism for parents to object to certain books found in libraries or classrooms. The bill defines books subject to removal as those that depict or describe sexual conduct or are deemed inappropriate for the grade level and age group of students.
According to a report by Pen America, Florida recorded the highest number of book bans in the country from July 2021 to December 2023. The majority of books removed are said to address LGBTQ+ identities, characters of color, race, racism, and sexual experiences.
Bestselling authors, including John Green and Jodi Picoult, as well as parents opposed to the law, have joined the publishers’ lawsuit. They argue that the law allows schools to prohibit books without consulting trained professionals to determine appropriateness, leading to a regime of strict censorship in schools.
The lawsuit seeks to amend the law and names defendants such as the chair of the Florida State Board of Education and other school board members. Notably, Florida governor Ron DeSantis, who championed the law, is not named in the lawsuit.
In response to the legal action, Governor DeSantis signed a bill in April that restricts objections to books in Florida schools, aiming to prevent abuse from activists challenging books. The new rules limit objections for residents without children to one book per month, while those with children can continue to make unlimited challenges.
