A federal judge has invalidated a central provision of Florida’s 2023 school-library law, ruling that the statute’s ban on books that “describe sexual conduct” is unconstitutionally vague and overbroad. In a 50-page order dated Aug. 13, U.S. District Judge Carlos Mendoza said the measure fails to specify what level of detail is barred and compels districts to suppress protected speech, breaching First Amendment guarantees. House Bill 1069, championed by Gov. Ron DeSantis, lets parents object to titles they deem pornographic and requires schools to pull challenged books within five days pending review. The rule has led to the removal of thousands of works—including classics such as Toni Morrison’s “The Bluest Eye” and contemporary novels like Margaret Atwood’s “The Handmaid’s Tale”—from library shelves across the state. The lawsuit was filed by six major publishers, The Authors Guild, five well-known authors and two parents. Mendoza rejected the state’s argument that library selections constitute “government speech,” writing that a blanket, content-based prohibition “stifles disfavored viewpoints” rather than expresses an official message. Plaintiffs welcomed the decision as a “sweeping victory” for students’ right to read. State officials criticized the ruling. DeSantis said Florida will “ultimately win” on appeal, and the attorney general’s office confirmed it will challenge the decision. The judge left other elements of HB 1069—such as restrictions on pronoun use—intact, meaning school districts must still process parental objections, but they can no longer rely on the struck-down language to justify wholesale removals.
Arizona's school facilities funding system is unconstitutional, judge rules https://t.co/bcSp9dQxw0
A federal judge has struck a blow against Florida’s book bans, ruling against part of a DeSantis-backed law to suppress classics and modern novels. https://t.co/ejvsFjbSkP
Judge strikes down key parts of Florida law that led to removal of books from school libraries https://t.co/fk9YHCYt2p