Latest news with #FloridaFreedomtoReadProject
Yahoo
7 days ago
- Politics
- Yahoo
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
Yahoo
29-04-2025
- Politics
- Yahoo
Florida AG introduces ‘Office of Parental Rights' to take on school districts that violate laws
Florida Attorney General James Uthmeier announced his office will start taking on cases involving parental rights violations on behalf of parents during a news conference in Jacksonville on Tuesday. Uthmeier argued that, despite the state having some of the strongest parental rights laws in the nation, taking a school district to court over alleged violations can be a daunting and expensive task for everyday parents. 'The state needs to be here to help. So, we're creating this new office, we're gonna have a team of litigators focused on fighting the fights that parents bring to us. We still see far too many examples, especially in other states, but also in Florida where parents' rights are being infringed,' Uthmeier said. The Office of Parental Rights will be tasked with battling school districts in the courts over alleged violations of the state's various parental rights laws - laws that have at times faced staunch criticism for limiting how issues like race and sexuality can be presented in the classroom. Read: Bill mandating parental consent for STD treatments faces pushback from some Florida Republicans Uthmeier explained complaints could include inappropriate library books on school shelves, unauthorized medical treatments, failure to inform parents about criminal charges facing school staff, and more. Stephana Ferrell with the Florida Freedom to Read Project argued Uthmeier's plan could increase lawsuits against districts and cost taxpayers on both ends of the debate. 'They're threatening our underfunded districts with further litigation and at a cost to taxpayers who have decided that they want to properly fund our public schools,' Ferrell said. [DOWNLOAD: Free Action News Jax app for alerts as news breaks] She also argued the Florida Department of Education already has tools at its disposal to ensure districts comply with parental rights laws. 'And so this looks like the next step to bully books off the shelves against the will of the communities that have decided to maintain access to books,' Ferrell said. But Uthmeier argued as Florida's chief legal officer, he has a responsibility to ensure state laws are followed. [SIGN UP: Action News Jax Daily Headlines Newsletter] When we asked about the potential cost to taxpayers that state-led lawsuits targeting school districts could carry, he argued there's no cost to 'fighting for the rights of parents and families'. 'We're certainly not looking to run up costs, but when it comes to fighting the right fights, I'll spend every dollar we have,' Uthmeier said. Uthmeier also indicated his office plans to work with nonprofits and independent groups to help offset potential litigation costs. Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
Yahoo
18-03-2025
- Politics
- Yahoo
Florida bill would prohibit districts from considering ‘literary value' of challenged books
Florida leads the nation in book removals, and literary freedom advocates fear new legislation moving through the State Capitol would make it even easier for book challengers to have titles pulled from school library shelves. Currently, state law surrounding book challenges mirrors the national standard of obscenity, also known as the Miller Test. Under that standard, school boards can consider a challenged book in its whole when determining whether it is content considered 'harmful to minors'. That means there could be controversial lines in a book, but if it has literary, artistic, scientific or political value when considered in its entirety, it can still be retained. 'For the last five years we've actually seen the same special interest groups attempt to dismantle the Miller Test and remove it from the definition of harmful to minors,' said Stephana Ferrell with the Florida Freedom to Read Project. But the new legislation approved by its first Senate committee Tuesday would prohibit school boards from considering those factors when making a determination on a book challenge. 'If they can do away with being able to judge a work in its entirety for value to the reader they really basically get to take a book down to its parts and pieces and say we're just not going to allow this content. It doesn't matter what else can be achieved by reading it. It's just not allowed in our schools,' said Ferrell. Related: 6 books restricted in St. Johns County schools after arguments to have them banned Bill sponsor State Senator Stan McClain (R-Ocala) argued some districts have abused the value considerations to keep books on shelves that include what he described as pornographic content. 'The artistic part of it, political speech, all of that has been somewhat used to maybe mask, if you will, the other piece of this,' said McClain. The bill also includes penalties for districts that fail to comply, allowing the Department of Education to withhold state funding. [DOWNLOAD: Free Action News Jax app for alerts as news breaks] The push comes just one year after state lawmakers passed guardrails aimed at cutting down on frivolous book challenges, by limiting people without children in a particular school district to one challenge per month. It's one reason Ferrell said she's hopeful there won't be an appetite to take a step in the opposite direction this year. 'Because it's not a priority for 95 percent of parents. Right? Less than five percent of students statewide have parental restrictions on their library access. Less than 100 parents since 2021 have filed objections statewide,' said Ferrell. The Senate version still has two more committee stops before it would reach the chamber floor. The House companion bill has not yet been scheduled for its first hearing. Related: Duval County's first and only book challenge ready for consideration [SIGN UP: Action News Jax Daily Headlines Newsletter] Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
