Parents in Florida file lawsuit against state over law allowing challenges to school books

Three parents in Florida have filed a federal lawsuit challenging a controversial 2023 law that increased scrutiny of school-library books and instructional materials. The law, known as SB 1069, made it easier for parents to object to books and instructional materials in schools. The parents, from St. Johns County and Orange County, argue that the law discriminates against parents who disagree with the state’s favored viewpoint.

The lawsuit alleges that Florida lacks a procedure for parents to object to book removals, which infringes on their First Amendment rights. The law only allows parents to object to the use of material, not the lack of use or discontinued use of material, according to the lawsuit.

The plaintiffs, represented by Democracy Forward, the ACLU of Florida, and the Southern Poverty Law Center, argue that the law violates the First Amendment by providing or denying access to the book-review process based on a parent’s viewpoint. They claim that access depends on whether the parent’s viewpoint aligns with the local school board’s decision.

One parent, Stephana Ferrell, tried to appeal a decision by Orange County school officials to remove the book “Shut Up!” district-wide but was told she lacked standing to challenge the decision. The lawsuit also mentions other instances where parents were denied the opportunity to challenge book removals.

The lawsuit names members of the State Board of Education and Florida Education Commissioner Manny Diaz Jr. as defendants. This legal challenge comes after a federal judge cleared the way for a First Amendment challenge to decisions by the Escambia County School Board to remove or restrict access to school library books in a separate lawsuit filed last year.

The Florida Legislature and Gov. Ron DeSantis recently approved a bill that will make it harder for some people to challenge school books, limiting objections to one material per month for non-parent residents of the county. The ongoing legal battles highlight the contentious debate over censorship and parental rights in education.