05-06-2025
Parents fight dismissal of lawsuit on Florida's book ban policies
Three public school parents in Florida are appealing a federal judge's dismissal of their discrimination lawsuit earlier this year, in which they argued the state violated their First Amendment rights by not allowing them to challenge school board decisions to remove books.
The case involves a law approved by Gov. Ron DeSantis in 2023 that allows parents to use a state review process to object to when school boards decide not to remove or restrict a book.
The parents say this case against the State Board of Education is discriminatory, according to a brief filed with the 11th Circuit U.S. Court of Appeals June 4, since they can't use this same process when a school board does decide to remove or restrict books.
'The DeSantis administration's board of education is stealing important decisions away from parents and allowing those with the most extreme positions to decide what information our kids have access to,' Stephana Ferrell, one of the plaintiffs, said in a statement.
Ferrell also is with the Florida Freedom to Read Project, an organization advocating for book access. The two other plaintiffs are Anne Watts Tressler and Nancy Tray of St. Johns County.
The initial lawsuit: New federal lawsuit says state of Florida discriminates against book ban-opposed parents
They're represented by advocacy groups Democracy Forward, the American Civil Liberties Union of Florida and the Southern Poverty Law Center. A request for comment is pending with a State Board of Education spokesperson.
U.S. District Judge Allen Winsor, appointed by President Donald Trump in 2018, dismissed the initial lawsuit that was filed last year. He ruled that the law "serves only parents with a particular status," that is, those whose objections were rejected by local school boards.
"Access does not depend on the ideology of the individual," Winsor wrote, dismissing the case in January.
The main issue highlighted in the brief was that allowing a review process excluding parents with an "opposite viewpoint" violates their First Amendment rights.
Viewpoint discrimination occurs when the government favors or suppresses speech based on the speaker's specific opinion or perspective. Courts have generally viewed it to violate the First Amendment, according to the Free Speech Center at Middle Tennessee State University.
"The First Amendment does not tolerate viewpoint-based discrimination. Accordingly, this Court should reverse the district court's judgment," the June 4 brief read.
Other book ban cases: Are Florida's book removals in schools protected government speech? Judge is not convinced
Florida is known nationally for its laws on removing and restricting books in school districts. The state has been listed in multiple reports, including through national free speech group PEN America, as leading the nation in book bans.
In accordance with state law, the Florida Department of Education released a list of about 700 books "removed or discontinued" from public schools from the 2023-2024 school year.
These books were added to the list in response to objections raised by parents or county residents of a school district.
This process of annual book review has been lauded by DeSantis, who signed a "curriculum transparency" bill that allowed for procedures for "regular removal or discontinuance" of books to target "indoctrination" in schools.
Florida at the forefront: Florida is the nation's book banning leader, according to national free speech group
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@ On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Florida parents appeal dismissal of lawsuit on school book removals
