The big story: Florida’s anti-censorship advocates won a round this week in the Middle District of Florida.
U.S. Judge Carlos Mendoza ruled against state efforts to restrict school books and materials that “describe sexual conduct,” saying the standard was too broad and vague. The 2023 law has led to the removal of thousands of books from school libraries.
The 50-page order, which is likely to be appealed, takes issue with several aspects of the government’s arguments. Here are a couple of note.
First, lawyers for the state argued that the curation of library materials is government speech. Mendoza was not persuaded.
“A blanket content-based prohibition on materials, rather than one based on individualized curation, hardly expresses any intentional government message at all,” he wrote at the end of a lengthy discussion. “Slapping the label of government speech on book removals only serves to stifle the disfavored viewpoints.”
The judge also raised concerns about the effort to tag any reference to sexual conduct as “pornography.” Among the problems with that, he said, is that the law lacks clear definitions.
“As Plaintiffs note, it is unclear what the statute actually prohibits. It might forbid material that states characters ‘spent the night together’ or ‘made love.’ Perhaps not. Defendants do not attempt to explain how the statute should work,” Mendoza wrote, also stressing the importance of judging the material’s value as a whole.
The judge additionally found the statute has led to the unconstitutional removal of non-obscene books — including some of the titles that Department of Education officials recently told school districts to pull off their shelves.
“The following books, among others, have been removed: The Color Purple, Half of a Yellow Sun, Cloud Atlas, The Splendid and the Vile, I am Not Your Perfect Mexican Daughter, The Freedom Writers Diary: How a Teacher and 150 Teens Used Writing to Change Themselves and the World Around Them, On the Road, Nineteen Minutes, Paper Towns, Looking for Alaska, How the García Girls Lost Their Accents, The Kite Runner, Slaughterhouse-Five, Shout, Last Night at the Telegraph Club, The Handmaid’s Tale, Native Son, Kaffir Boy: The True Story of a Black Youth’s Coming of Age in Apartheid South Africa, Water for Elephants, Beloved, Song of Solomon, The Bluest Eye, and Homegoing,” he wrote.
“None of these books are obscene.”
The plaintiffs cheered the ruling.
“We are especially heartened that the Court rejected the State’s dangerous claim that the First Amendment does not apply in school libraries,” Penguin Random House said in a released statement. “The Court also struck down the State’s vague ‘I know it when I see it’ standard, reinforcing the essential role of librarians and educators in selecting books for students’ independent reading.” Read the complete ruling here.
Also from the court docket … A federal judge ruled that Florida’s law prohibiting teachers from using their preferred pronouns is discriminatory, USA Today Florida Network reports. A Hillsborough County transgender teacher is the plaintiff in the case.
Commissioner Kamoutsas: Florida education commissioner Anastasios Kamoutsas has gained criticism and praise for his aggressive approach to his work during his first month on the job. • The Alachua County school board discussed its procedures for public participation at meetings and rules for social media use, after Kamoutsas threatened the board over action at a recent meeting, WCJB reports.
Dress code: Parents and students at a Duval County high school are protesting their school’s mandatory uniform policy, WJXT reports.
Federal funds: Several Leon County after-school programs face cuts after the district received $500,000 less than expected in federal funds that had been frozen, WCTV reports.
Florida A&M transition: The Florida A&M University Foundation will supplement the salaries of the school’s new leadership team, shifting money that had been set for the marching band, WFSU reports. Officials said the band will be fully funded. • FAMU has scrubbed comments critical of president Marva Johnson off its social media pages, raising questions about whether anyone’s free speech rights were violated, the Tallahassee Democrat reports.
LGBTQ+ recognition: The Orange County school board rejected a member’s proposal to cancel its annual LGBTQ+ month recognition, the Orlando Sentinel reports.
Online learning: Florida’s adoption of Florida Virtual School to instruct incarcerated youths has frustrated students who struggle to learn without in-person teachers, Associated Press reports.
School board members: Tim Enos will resign his seat on the Sarasota County school board to become the school district’s police chief, Florida Politics reports.
Spending cuts: The Martin County school district has cut its central office staff and reduced department budgets by 30% in its effort to shield classrooms from revenue shortfalls, WPEC reports.
Student nutrition: The Hernando County school district launched a new drive-thru option for students to get summertime meals. It proved successful enough to expand the project next summer, WUSF reports.
Superintendents: Volusia County superintendent Carmen Balgobin is one of five finalists for national superintendent of the year, the Daytona Beach News-Journal reports.
Theater deal: The city of Miami’s deal to sell an historic theater to the SLAM charter school group hinges upon an agreement with Miami Dade College, Miami Today reports.
Tuition: Undocumented students at Florida’s public universities are grappling with the loss of access to in-state tuition rates, the Miami Herald reports.
Vaping: Palm Beach County schools are beginning to install vape detectors to deter vaping on campus, WPEC reports.
From the police report … A Hernando County teacher was arrested on accusations of driving under the influence after an accident on school property, Suncoast News reports.
Don’t miss a story. Here’s a link to yesterday’s roundup.
Before you go … It’s history. For real.
