Florida school district defends book removal on First Amendment grounds

[LAUREN TAYLOR]

IN THE FACE OF A FEDERAL LAWSUIT, A FLORIDA SCHOOL DISTRICT IS ARGUING IT HAS THE RIGHT – UNDER THE FIRST AMENDMENT – TO REMOVE CERTAIN BOOKS FROM SCHOOL LIBRARIES.

THE BOOK IN THIS CASE IS TITLED “AND TANGO MAKES THREE” – CO-AUTHORED BY THE PLAINTIFFS, PETER PARNELL AND JUSTIN RICHARDSON. 

THE BOOK IS ABOUT TWO MALE PENGUINS LIVING AT THE CENTRAL PARK ZOO AND RAISING A BABY CHICK TOGETHER.

IN THE FALL OF 2023, NASSAU COUNTY SCHOOLS REMOVED 36 BOOKS FROM SCHOOL SHELVES – AFTER CONSERVATIVE GROUP “CITIZENS DEFENDING FREEDOM” ARGUED THEY CONTAINED INAPPROPRIATE OR OFFENSIVE MATERIAL.

IN THE LAWSUIT – THE CO-AUTHORS OF “AND TANGO MAKES THREE” ACCUSE NASSAU COUNTY SCHOOLS VIOLATING THEIR FIRST AMENDMENT RIGHT TO FREE SPEECH WHEN REMOVING THEIR BOOK FROM SCHOOL LIBRARIES WRITING THE SCHOOL BOARD MADE THE DECISION “FOR A SINGLE, UNCONSTITUTIONAL REASON: THEIR DISAGREEMENT WITH THE BOOK’S CONTENT” AND “THEREBY DEPRIVED THE AUTHOR PLAINTIFFS OF THEIR TARGET.”

 THE SCHOOL BOARD RESPONDED IN A COURT FILING  – SAYING THEY ACTED “PURSUANT TO AND WITHIN THE DISCRETION GRANTED BY FLORIDA LAW” WHEN REMOVING THOSE BOOKS FROM CIRCULATION AND HAVE ASKED THAT THE SUIT BE DISMISSED..

SCHOOL OFFICIALS CLAIM THEIR WEEDING OUT OF “TANGO” IS ACTUALLY PROTECTED BY THE FIRST AMENDMENT WRITING THEIR “ACTIONS CONSTITUTE GOVERNMENT SPEECH FOR WHICH NO FIRST AMENDMENT PROTECTIONS ATTACH.”

THEY ALSO ARGUE “THERE IS NO RECOGNIZED RIGHT TO RECEIVE INFORMATION IN PUBLIC SCHOOL LIBRARIES UNDER THE FIRST AMENDMENT.”

THEY ALSO CLAIM THEY DIDN’T INFRINGE ON THE CO-AUTHORS’ FIRST AMENDMENT RIGHTS WRITING “DEFENDANTS’ ACTIONS HAVE DONE NOTHING TO PROHIBIT PLAINTIFFS PARNELL AND RICHARDSON FROM WRITING, EDITING, PUBLISHING, PROMOTING, MARKETING, OR OTHERWISE EXPRESSING THE SPEECH THEY CLAIM HAS BEEN RESTRICTED.” 

FOR SAN, I’M LT…

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