A bill before the Legislature would change the rules for how schools evaluate challenged books in libraries. A group of advocates -- including authors -- is pushing back.
Under the bill (HB 1539), when books used in school libraries or classrooms are challenged, the decision-makers would not be able to consider literary, artistic, political or scientific value.
Apopka Republican Rep. Doug Bankson is the bill's sponsor. He says some schools are citing those reasons when they keep books on shelves that he thinks are inappropriate.
“Some districts have retained materials containing explicit sexual content by citing literary or artistic merit, undermining parental rights to protect their children from age-inappropriate content," Bankson said. "Again, there are schools that our law is working, but there are those that haven’t, and that’s where the concern lies.”
Fort Pierce Republican Rep. Dana Trabulsy says she’s seen evidence that’s true.
“It took until the end of last week until we got proof, and when we got proof, the proof kept coming," she said. "And I will tell each and every one of you that the schools that are complying, like my school district, are not going to have a problem with this bill because they’re already doing the right thing. But when you look at the proof - and you’re welcome to come to my office and look at the proof - you will be astounded and, most importantly, disgusted.”
A group called Authors Against Book Bans is pushing back against the measure.
Stephana Ferrell is the research director at the Florida Freedom to Read Project. She says her group collected data from 41 of the state’s 67 counties about who is filing complaints about school library books.
“In reviewing the objections submitted over the last three years, we found fewer than 100 public school parents statewide - statewide - have filed objections since 2021,” Ferrell said.
But data show thousands of books have been challenged.
Under the bill, Ferrell says, school funding would be threatened for noncompliance, and education resources would be redirected to comply with and litigate Bankson’s measure.
Author Lauren Groff says she thinks the measure would violate the rights of communities to free speech and self-determination.
“But if HB 1539 passes, our local officials, teachers, parents and students will not be able to decide for ourselves and for our communities which books these are," Groff said. "Not to mention that this law, being unconstitutional, will open up a Pandora’s box of extremely expensive lawsuits which the taxpayers of Florida will have to pay for.”
Bill supporters including Bankson argue the state does not ban books. Bankson says schools are simply following policies to remove age-inappropriate materials from shelves. The Trump administration and Gov. Ron DeSants have called reports of banning a "hoax."
And Bankson argues that the bill is constitutional. He cites a U.S. Supreme Court decision saying the concept of obscenity may vary, depending on the group dealing with the material. And obscenity is not protected speech.
“Because of the state’s exigent interest in preventing distribution to children of objectionable material, it can exercise its power to protect the health, safety, welfare and morals of its community by barring the distribution to children of books recognized to be suitable for adults." Bankson said. "So, there is a constitutional right and ability to do this.”
Ocoee Democratic Rep. LaVon Bracy Davis says the bill has deeper problems. She points to the so-called Miller Test, which was developed by the U.S. Supreme Court in 1973. It’s a three-prong test to define obscene speech. Under the third prong of the test, the work would be considered obscene if, taken as a whole, it lacks serious literary, artistic, political or scientific value. Bracy Davis says the measure blocks review committees from being able to consider that third prong.
“This does fail the third prong of the Miller test, and this also is a gateway, I believe, to just ban more books," she said. "This radically escalates Florida’s book ban and educational censorship crisis.”
The bill has stalled in the Senate. It was temporarily postponed with no debate. It faces two more House committees.
