Book bans an assault on freedom, constitutional rights

Central to the concept of freedom is the liberty to choose what we and our children read. Florida's recent book bans directly infringe upon these principles of freedom, liberty, and personal autonomy. By denying Floridians and their children the ability to make choices about their reading materials, these bans strip away individual freedoms and contradict the very essence of what freedom should be.

Florida's laws now allow books and instructional materials to be immediately removed from schools without due process upon a simple objection from a parent or resident. The lack of a mechanism to challenge baseless objections and the potentially lengthy processing period for illegitimate complaints can lead to widespread censorship and a serious restriction of constitutional rights.

Over the past year, more than 565 books were removed from Florida school libraries, including classics like Toni Morrison's "Beloved," Margaret Atwood's "The Handmaid's Tale," and even "The Diary of Anne Frank." Such actions not only violate First Amendment rights but also disregard Title IX protections.

Florida currently ranks second in the nation for the highest number of book removals, highlighting the severity of the issue. While proponents of these bans claim to defend "freedom," they are, in fact, removing choices and essential literary works that should be available for students during their free time.

The new law, HB 1069, signed by Governor Ron DeSantis, mandates the immediate removal of any books objected to for containing perceived "pornographic material" or "sexual conduct." This hasty and vague decision-making process allows anyone residing in a school district to object, irrespective of their affiliation with the school or the book's educational value.

In response to these alarming developments, PEN America, a not-for-profit corporation dedicated to protecting free speech and journalism, has filed a federal lawsuit against the Escambia County School District for violating the First Amendment by removing over 150 library books. The Pico case, a pivotal U.S. Supreme Court decision, establishes that school boards cannot remove books simply because they dislike the ideas contained within them. Motivated by politics, these book bans disregard students' rights and suppress diverse viewpoints.

The current situation in Florida reflects intentional political motives, with books about important topics like slavery, systemic racism, LGBTQ relationships, diversity, equity, and inclusion being targeted. This aligns with DeSantis' platform, which contradicts the intentions of the justices in the Pico case.

To combat these book bans, some states are exploring legal arguments beyond the First Amendment. In Texas, the ACLU filed a complaint with the U.S. Education Department's Office for Civil Rights, asserting that removing books featuring LGBTQ themes or characters violated Title IX's prohibition of discrimination based on sex.

We must regain the freedoms fought and won almost a century ago. In a 1943 U.S. Supreme Court case, West Virginia Board of Education v. Barnette, 319 U. S. 624, 637 (1943), the Supreme Court upheld a student’s constitutional right not to salute the flag in a public school, reasoning:  “That [school boards] are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes."

We must look to other states' strategies in fighting against public school library book bans by self-deputized political and moral activists. Together, we can stand against these restrictions on freedom and uphold the constitutional rights of students and readers across Florida.

Jane Schlechtweg is chair of the Collier County Democratic Party.

This article originally appeared on Fort Myers News-Press: Book bans an assault on freedom, constitutional rights