Federal judge rules book ban lawsuit against Florida school can move forward

U.S. District Judge Kent Wetherell ruled Wednesday that a lawsuit against a Florida school over its pulling of books from its shelves has standing to move forward, a win for those who have been raising the alarm about book bans in schools.

PEN America, a free speech organization, Penguin Random House and authors and parents affected by the ban first sued the Escambia County School Board in May after the school removed hundreds of books from its shelves for investigation.  

The plaintiffs say the removals violated the First Amendment because the books were removed “based on ideological objections to their contents or disagreement with their messages or themes,” as well as the Equal Protection Clause “because the books being singled out for possible removal are disproportionately books by non-white and/or LGBTQ authors, or which address topics related to race or LGBTQ identity.” 

The school argues all the books were not banned but just pulled for review to make sure they aligned with Florida state law.  

Wetherell said PEN America had standing for the lawsuit to move forward under the First Amendment, setting up the next stage of the legal fight.  

“Today, we urged the court to vindicate the Constitutional rights of students, parents, authors and publishers. We are heartened that Judge Wetherell agreed and that our case can proceed. These books need to be returned to the shelves where they belong, and every day that students are refused access is a day they’re not getting the high-quality education they deserve,” said Katie Blankenship, director of PEN America in Florida. 

“This case cuts to the heart of who we are as a country, and for the sake of our children and the future of our democracy, it’s critical that we adhere to the language of the First Amendment and the precedents of our federal courts,” she added.  

PEN America said since its lawsuit was filed, more than 1,600 books at the school district have been under investigation for potential bans.