Pensacola, Florida – A federal judge in Pensacola has rejected a plea from the Escambia County School District to dismiss a lawsuit challenging its removal of several books from its shelves. The books in question include “The Bluest Eye,” “Slaughterhouse-Five,” and “The Kite Runner.”
U.S. District Judge Kent Wetherell issued a terse order on Wednesday, allowing claims of viewpoint discrimination and denial of the right to receive information under the First Amendment. However, he did reject an equal-protection claim.
The lawsuit, filed by PEN America, Penguin Random House, authors whose books were affected, and parents in the school district, asserts that the removal of these books infringes upon the constitutional rights of students, parents, authors, and publishers. The plaintiffs argue that denying access to these books impedes students’ ability to receive a high-quality education.
Katie Blankenship, director of PEN America’s Florida office, expressed gratitude for the court’s decision, stating that it validates their assertion that these books should be returned to the shelves. Blankenship emphasized the importance of upholding the principles of the First Amendment and the precedents set by federal courts for the sake of future generations.
According to PEN America, the Escambia district has banned over 1,600 books, including dictionaries. This mass banning is in compliance with Florida’s Parental Rights in Education law, colloquially known as the “Don’t Say Gay” law, which requires districts to review literature for LGBTQ+ content. Additionally, the district is also adhering to the Stop Woke Act, banning books that introduce racial concepts considered divisive.
In accordance with these laws, schools must maintain searchable online databases of their book collections to facilitate challenges made against specific titles.
In summary, a federal judge in Pensacola has rejected a plea from the Escambia County School District to dismiss a lawsuit challenging the removal of certain books from its shelves. The lawsuit, filed by PEN America, authors, publishers, and parents, contends that the removal of these books violates constitutional rights and hinders students’ access to a quality education. The judge’s decision allows the case to proceed and raises important questions about First Amendment rights and the role of literature in schools.