A coalition of book publishers and individual authors have filed a lawsuit against the state of Florida over its law banning sexually explicit books from school libraries in the state.
As the Daily Caller reports, the lawsuit was filed in the Orlando Federal Court on Thursday by a group of over a dozen publishers and authors, claiming that the bill signed into law in May of 2023 by Governor Ron DeSantis (R-Fla.) is a violation of both the First and 14th Amendments. The law, the plaintiffs claim, “interferes” with their ability to produce and distribute “constitutionally protected” books, insisting that the law is too vague in its description of “sexual conduct.”
Among the publishers involved in the lawsuit are Simon and Schuster, Penguin Random House, MacMillan Publishing Group, and Hachette Book Group.
“Books that are required to be removed under the prohibitions on content that describes sexual conduct or content that is ‘pornographic’ as construed by the State Board are stigmatized, without regard for their value as a whole or their literary, artistic, historical, medical, or educational value as the Supreme Court requires,” the complaint claims.
The plaintiffs demand that the court rule certain parts of the law as unconstitutional, while failing to list any specific examples of books that they believe should be allowed despite the law.
“Educators who are already afraid of official state action or action by vigilante members of the public fear the loss of their credentials and livelihood and even threats to their safety,” the lawsuit adds, without citing any evidence.
The law in question is House Bill 1069, which was first implemented on July 1st, 2023. The law bans all materials that are considered either sexually explicit or outright pornographic. Parents and conservative activists supported such a bill after it was discovered that numerous novels were in public school libraries featuring explicit descriptions of sexual intercourse, particularly between homosexual couples. One such book was a graphic novel with X-rated visual depictions of homosexual sex.
“Over the past year, parents have used their rights to object to pornographic and sexually explicit material they found in school libraries,” said DeSantis in a February statement. “We also know that some people have abused this process in an effort to score cheap political points. Today, I am calling on the Legislature to make necessary adjustments so that we can prevent abuses in the objection process and ensure that districts aren’t overwhelmed by frivolous challenges.”