Groups file lawsuit challenging book removals against Escambia schools over free speech

Published May. 18, 2023, 9:31 a.m. ET | Updated May. 18, 2023

Stacked school books. (Photo/Clarissa Watson)
Stacked school books. (Photo/Clarissa Watson)

ESCAMBIA COUNTY, Fla. (FLV) – PEN America, Penguin Random House, and a diverse group of authors joined with parents and students in Escambia County to file a federal lawsuit against the district, challenging removals and restrictions of books from school libraries.

The lawsuit brings together authors whose books have been removed or restricted and parents and students in the district who cannot access the books, in a “first of its kind challenge to unlawful censorship,” according to a press release.

The lawsuit states the Escambia County School District and School Board violated the First Amendment rights of the students, authors and publishers by removing books “based on ideological objections to their contents or disagreement with their messages or themes.”

The plaintiffs said the district also violated the Equal Protection Clause of the constitution because the books being singled out for possible removal are “disproportionately books by non-white and/or LGBTQ authors, or which address topics related to race or LGBTQ identity.”

“Books have the capacity to change lives for the better, and students in particular deserve equitable access to a wide range of perspectives. Censorship, in the form of book bans like those enacted by Escambia County, are a direct threat to democracy and our constitutional rights,” said CEO of Penguin Random House Nihar Malaviya said.

Suzanne Nossel, CEO of PEN America said in Escambia County, state censors are “spiriting books off shelves in a deliberate attempt to suppress diverse voices.”

“In a nation built on free speech, this cannot stand. The law demands that the Escambia County School District put removed or restricted books back on library shelves where they belong,” Nossel said.

Some of the removed books include “Perks of Being A Wallflower” by Stephen Chbosky, “The Bluest Eye” by Toni Morrison, “The Nowhere Girls” by Amy Reed and “Lucky” by Alice Sebold.

A spokesperson for Escambia County School District told Florida’s Voice their legal counsel has advised against commenting on pending litigation.

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