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PEN America Files Lawsuit Against Florida School District Over Unconstitutional Book Bans

“Free expression organization PEN America, alongside publisher Penguin Random House, authors, and parents of children affected by the unconstitutional book bans carried out by Florida’s Escambia County School District and School Board, filed suit today in federal court asking for books to be returned to school library shelves where they belong. Ensuring that students have access to books on a wide range of topics and expressing a diversity of viewpoints supports a core function of public education, preparing students to be thoughtful and engaged citizens. In contravention of these basic principles, the lawsuit alleges, Escambia County has set out to exclude certain ideas from their school libraries by removing or restricting books, some of which have been on the shelves for years—even decades. This lawsuit brings together authors whose books have been banned, parents and students in the district who cannot access the books, and a publisher in a first-of-its-kind challenge to unlawful censorship. According to the lawsuit, the school board’s removal and restriction of access to books discussing race, racism, and LGBTQ identities, against the recommendations of the district review committee charged with evaluating book challenges, violates the First Amendment. By ignoring these recommendations, the school district made clear that its interests are in censoring certain ideas and viewpoints, not pedagogy, and that it is willing to allow an extremist minority to substitute its political agenda for the judgment of educators and parents. The lawsuit further contends that the school district and school board are violating the Equal Protection Clause of the Constitution because the books being singled out are disproportionately books by non-white and/or LGBTQ authors, and often address themes or topics related to race or LGBTQ identity…”

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