A Florida federal trial judge ruled that a state law banning some school library books that are deemed "pornographic" is, in part, "overbroad and unconstitutional."
Middle District Court of Florida Judge Carlos Mendoza, who is a former President Barack Obama-appointed judge, issued a summary judgment in a lawsuit that was filed by book publishers against the 2023 state law, known as HB 1069, this week.
Florida Judge Rules on Library Book Ban
The suit was originally filed a year ago and had asked the court to deem the state's interpretation of "pornographic" and content that "describes sexual conduct" unconstitutional. In his 50-page judgment, Judge Mendoza said that by leaving these items undefined, the state gave parents license to object to materials under an "I know it when I see it approach."
Publishers Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishing, and Simon & Schuster had argued that the legislation removes books without even considering their literary or artistic value, according to The Miami Times.
Mendoza wrote that the law does not evaluate the work to determine if it has any holistic value, which was a key part of the legal standard to determine whether or not material is considered obscene.
The judge added that educators must once again perform statutory interpretation in order to figure out what exactly should be considered "inappropriate" or "unsuitable." Despite this, the "specter of harsh penalties looms in the background."
The ruling comes as the Florida Department of Education recently made public threats and called superintendents in front of the state Board of Education. This was to explain why certain materials are in school libraries, the Alabama Reflector reported.
Removing Books That are "Obscene"
The judge also listed several books that are involved in the suit, including "The Color Purple," "I am Not Your Perfect Mexican Daughter," "Paper Towns," and others. Mendoza said that none of these books are obscene.
Mendoza said that the law "mandates the removal of books that contain a single reference to the prohibited subject matter, regardless of the holistic value of the book individually or as part of a larger collection."
The Florida judge rejected conservatives' argument that libraries as forums for "government speech." He said that many of the removals at issue now are the "objecting parents' speech, not the government's."
Despite his ruling, Mendoza declined to completely strike down the law, writing the its reference to "pornographic" content can be read as synonymous with content considered "harmful to minors," as per MSNBC.
