Lawsuits are one of the biggest ways forward in the ongoing wave of American book censorship. Through the legal system, proponents of the right to read have pursued First and Fourteenth Amendment arguments. Though a slow-moving process, the decisions in these cases before, during, and after are helping cement legal precedent over who may or may not pull books from public and public school library shelves and/or outright ban the teaching or display of concepts such as diversity, LGBTQ+ rights, and others at the center of the far-right agenda.
This week, a major settlement in a Florida case further solidified the constitutional right for students to access books in their public school libraries.
Peter Parnell and Justin Richardson, authors of the oft-banned And Tango Makes Three, filed a lawsuit in conjunction with two parents and their children in May against the Nassau County School District (FL). The lawsuit claimed that the district violated the First Amendment, as well as Florida’s Sunshine Laws, when they removed 36 books from school library shelves behind closed doors. The books, which included And Tango Makes Three–a picture book about the true story of bonded male penguins at a New York City zoo who incubated and raised an egg–were pulled despite the district not finding anything that violated Florida’s regulations on “obscene” and “sexual” content.
The district banned the books at the behest of Citizens Defending Freedom (CDF), a Christian nationalist group that has been at the forefront of book bans in and beyond the state. The group claimed that And Tango Makes Three contained “alternate sexuality in animals” and thus, was inappropriate. That book was then removed by the district for “lack of circulation.” “Lack of circulation” was the justification given for the removal of two other books as well, while the remaining 33 books were banned for a variety of reasons.
Once the district removed the books, they then changed their own policies on book removal. It allowed for removal of titles without public input. The lawsuit aimed to overturn the district’s decision and sought to return the books to shelves.
Selendy Gay PLLC, the firm on the case, settled the matter in what is a significant victory for the freedom to read and student rights. The Nassau School Board can no longer remove books without public input–a violation of Sunshine Laws–and all of the books pulled from the district will be put back. The Board can no longer remove books with which they disagree with the viewpoint or which have been highlighted by special interest groups such as CDF without following their own processes.
“Would-be censors, such as CDF, who seek to force their will on others by denying access to viewpoints with which they disagree, are not entitled to decide what books our children may read in public school libraries,” said Faith E. Gay of Selendy Gay. “While we have secured a victory today, the fight is far from over. With numerous book banning cases percolating in the courts, we look forward to continuing to protect the First Amendment rights of students, parents, and authors throughout the United States.”
Perhaps the most significant part of the settlement, however, is that the Nassau School Board acknowledged that their decision to remove And Tango Makes Three had no basis. They agreed that the book had value and purpose, that it was not obscene, and that it was appropriate for students of all ages. That not only underscores the inappropriate actions on behalf of the district to remove the book, but it provides more support in one of the two lawsuits underway in Escambia County School District, just five and a half hours west of Nassau.
Parnell and Richardson, as well as a student, filed a First Amendment lawsuit against Escambia for removing their book in the district. That district has spent over $100,000 on that case alone.
“This settlement—a watershed moment in the ongoing battle against book censorship in the United States—significantly restores access to important works that were unlawfully removed from the shelves of Nassau County, Florida’s public school libraries,” said Lauren Zimmerman of Selendy Gay. “Students will once again have access to books from well-known and highly-lauded authors representing a broad range of viewpoints and ideas.”
All 36 books will be returned to shelves in Nassau County Schools by September 13, 2024, just one day after the settlement. In addition to And Tango Makes Three, 22 books being returned without restriction include:
- Ghost Boys by Jewell Parker Rhodes (removed under “lack of circulation”)
- Almost Perfect by Brian Katcher (removed under “lack of circulation”)
- All American Boys by Jason Reynolds
- Beyond Magenta: Transgender Teens Speak Out by Susan Kuklin
- Crank by Ellen Hopkins
- Deogratias: A Tale of Rwanda by Jean-Philippe Stassen
- Drama by Raina Telgemeier
- Eleanor & Park by Rainbow Rowell
- I Am Not Your Perfect Mexican Daughter by Ericka Sánchez
- Identical by Ellen Hopkins
- If I Was Your Girl by Meredith Russo
- Me and Earl and the Dying Girl by Jesse Andrews
- Real Live Boyfriends by E. Lockhart
- The Bluest Eye by Toni Morrison
- The Clan of the Cave Bear by Jean Auel
- The Haters by Jesse Andrews
- The Poet X by Elizabeth Acevedo
- The Truth About Alice by Jennifer Mathieu
- Thirteen Reasons Why by Jay Asher
- This One Summer by Mariko Tamaki
- Tricks by Ellen Hopkins
- Unravel Me by Tahereh Mafi
The Perks of Being a Wallflower by Stephen Chbosky, a title challenged in the district, will also be restored on shelves without restriction. Twelve additional books will be returned to shelves in the district. They will be freely accessible to those 18 and older, while those under the age of 18 will need parental permission to access them. Those titles are:
- A Court of Mist and Fury by Sarah J. Maas
- A Court of Thorns and Roses by Sarah J. Maas
- Beloved by Toni Morrison
- Dreaming in Cuban by Cristina Garcia
- Extremely Loud and Incredibly Close by Jonathan Safran Foer
- Lucky by Alice Sebold
- Nineteen Minutes by Jodi Picoult
- The Almost Moon by Alice Sebold
- The Hate U Give by Angie Thomas
- The Infinite Moment of Us by Lauren Myracle
- The Kite Runner by Khaled Hosseini
- Water for Elephants by Sara Gruen
Source : Major Win Against Book Censorship in Florida School District
