Latest news with #HB1539


Miami Herald
24-04-2025
- Politics
- Miami Herald
Florida bill to ban books from schools over ‘sexual content' threatens literary classics
Classic books like '1984' by George Orwell, 'I Know Why the Caged Bird Sings' by Maya Angelou and 'The Diary of Anne Frank' offer profound insights into history, humanity and the complexities of our shared world. These are not fringe books. And yet, under the proposed House Bill 1539, now advancing in the Florida legislature, these titles could be removed from public school libraries and classrooms after little more than a formal complaint by a single person because they include sexual content. HB 1539 proposes a sweeping and rigid overhaul of how books are evaluated in Florida's public schools, defining those that may be challenged for being 'harmful to minors.' According to the bill's wording, that means any book containing 'depiction of nudity, sexual conduct or sexual excitement... patently offensive to prevailing standards in the adult community as a whole.' HB 1539 proposes a sweeping and rigid overhaul of how books are evaluated in Florida's public schools. If a book in a school is challenged as 'harmful to minors,' districts would be required to permanently remove the book, regardless of its educational value, cultural relevance or historical significance. The bill expressly forbids any consideration of a work's literary and artistic merit as a whole. Even foundational books, like the ones above, could be removed from public schools based on isolated scenes or language. One frivolous complaint will be all it takes to ban books, ignoring their context and complexity. Lawmakers should think carefully before making it even easier for censorship to spread. Policies like this have long been exploited by a loud few and those eager to turn personal morality into public restriction. These measures are used to ban books from classrooms and libraries, often without a transparent review or meaningful public input. The bill effectively guts the third prong of the 'Miller test,' the standard established by the U.S. Supreme Court in Miller v. California (1973), which protects works, taken as a whole, with serious literary or artistic value, from being labeled 'obscene.' That safeguard has protected important books from being labeled obscene for decades. By narrowing what is considered acceptable in Florida, this bill invites confusion, weakens First Amendment protections and opens the door to costly legal battles over free expression, which will fall squarely on Florida taxpayers. Let's be clear: HB 1539 threatens to sever the thread between students and textually rich literature. It reduces sophisticated narratives to flattened singular passages, ignoring the breadth and power a story can offer when taken as a whole. By rejecting the holistic evaluation of books, this bill undermines a key foundation of both literary expression and public education. This bill sidelines inquiry in favor of control. It does not protect knowledge; it restricts it. It does not enliven thought; it narrows it. PEN America has urged Florida lawmakers to reject HB 1539, warning that it endangers students' First Amendment rights and undermines the foundation of our public education system and academic freedom. The bill's new definition of 'harmful to minors' diverges sharply from constitutional standards. If passed, HB 1539 would likely result in the removal of widely taught and historically significant works from public school libraries and classrooms. It would deny public school students the chance to engage meaningfully with literature, to grapple with big ideas and gain a deeper appreciation for language and artistic expression. Our literary canon captures pivotal moments in our shared story and presents a layered portrait of life. When students are exposed to a wide range of reading materials, they don't just access information; they build cultural understanding and sharpen their imagination. Protecting access to nuanced works isn't just about saving books; it's about cultivating intellectual and emotional growth for as many as possible. William Johnson is the director of PEN America's Florida office.
Yahoo
24-03-2025
- Politics
- Yahoo
More book bans? Florida bill could define classics as pornography. What is SB 1692?
Two years ago, Florida passed a law that made it easier for concerned parents to get books they considered objectionable removed from school libraries and classroom shelves but allowed challenged books to be judged for their literary, artistic or scientific value. Not anymore, if a new bill moving through the Florida Legislature passes. Under SB 1692, if a challenged work contains nudity or sexual material it would be considered by definition harmful to minors and school boards would be restricted from considering any other value of the work, potentially risking the removal or restriction of some of the world's classic literature. Last year, six major book publishers and several prominent authors sued the state over "unconstitutional book banning" after they said the 2023 bill (HB 1069) allowed books to be removed from schools "with no consideration of the educational value of the work as a whole." The bill sponsored by Sen. Stan McClain, R-Ocala, the man who led the 2023 bill, seeks to clarify what "harmful to minors" means. 'I think that we're bifurcating here, so it's more clear as to what we're actually talking about so that school districts can make a decision," McClain said. "If it is in violation of the proposed law, if it's that, then it's considered pornographic and it's considered harmful to minors.' A companion bill, HB 1539, was filed by Rep. Doug Benson, R-Apopka. Critics say that the bill would expand the number of books that will be challenged and result in important works being removed from students' sight. 'The impact here is that book bans are going to get worse, censorship is going to be worse, censorship of actually the classics, which we've seen across the state of Florida, because Florida is now Number One in the country for banning books in our public schools,' Sen. Carlos Guillermo Smith, D-Orlando said. In 2023, House Bill 2069 declared sex an immutable binary biological trait, banned nicknames or genders if they didn't apply to the student's or school employee's biological sex, made it easier for a parent or resident to challenge books, and added "depicts or describes sexual conduct" to the list of pornographic material, among other things. The 2025 bill further defines "harmful to minors" as: "Any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it: a. Predominantly appeals to prurient, shameful, or morbid interest; and b. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors Material authorized as part of health education or authorized by the Florida Board of Education "for specific educational purposes" would still be allowed and could not be challenged by parents or guardians. Noncompliance may lead to the state withholding funds to the school district. In 1973, the U.S. Supreme Court developed a three-prong test, called the Miller test, to define obscene speech. According to the Miller test, speech is obscene if: The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and The work, taken as a whole, lacks serious literary, artistic, political, or scientific value However, an analysis of the bill says that courts have found the state has a 'compelling interest in protecting the physical and psychological well-being of minors" which "extends to shielding minors from the influence of literature that is not obscene by adult standards." SB 1692 completely removes the third prong of the Miller test. In a report on the 2023-2024 school year, Florida saw more than 4,500 instances of book banning in public schools according to national free speech group PEN America, a dramatic jump up from 1,406 the year before. That's nearly half of all the 10,000 book bans recorded across the country, the report said. The state maintains that no books have been banned in Florida schools. 'Once again, far left activists are pushing the book ban hoax on Floridians. The better question is why do these activists continue to fight to expose children to sexually explicit materials,' spokesperson Sydney Booker told The Guardian. However, PEN America considers any book made unavailable to students as banned and lists books that were removed from school libraries and classroom shelves by districts without a formal challenge, books that were pulled pending a review, and books restricted to students based on grade or parent's permission. Under HB 2069, any book challenged must be removed from within five school days and remain unavailable to students "until the objection is resolved." Last year the legislature restricted book ban challenges from Floridians who are not parents or guardians of a "student with access to school district materials" from filing more than one book challenge a month after reports that the bulk of challenges were coming from a very small number of people, some of whom did not have children in schools. Most of the objections were to books written by or about LGBTQ+ people or people of color. 'Let us live': LGBTQ advocates march to Florida Capitol for trans rights, protest anti-DEI bills None of the legislation concerning book challenges offers a way for parents, guardians or residents to challenge a decision to remove a book from a school. Last week, the state's new Department of Education workgroup tasked with redeveloping a training program for school librarians and media specialists on how to select and remove books met for the first time. Half of them were members of Moms for Liberty, the conservative group started in Florida that has been one of the driving forces behind the flood of book challenges in the state and across the country. If passed by the Florida Legislature and signed by Gov. Ron DeSantis, the bill would take effect on July 1, 2025. This article originally appeared on Sarasota Herald-Tribune: Florida bill defines nudity, sexual content as 'harmful to minors'

Yahoo
21-03-2025
- Business
- Yahoo
Applied Digital plans to expand in Ellendale, ND
Mar. 21—ELLENDALE, N.D. — Applied Digital Corp. plans to expand its footprint in Ellendale, North Dakota, according to Nick Phillips, executive vice president of public affairs and real estate acquisitions for the company. Applied Digital completed a blockchain facility in Ellendale in 2023, and its current 380,000-square-foot high-performance computing facility is expected to begin operations in later this year. That will be followed by two additional 900,000-square-foot expansions, Phillips said. "The first building that's going up right now is about a $1.3 billion investment for us, and we're anticipating another $4 billion," he said. " ... That's our investment for the buildings, the transformers, the chillers, all of the mechanical equipment. We anticipate our customer will invest approximately another $15 billion so this is about a $20 billion total capital investment on our 320-acre site." Applied Digital hosted Gov. Kelly Armstrong and officials from the state, the city of Ellendale and Dickey County on Wednesday, March 19, to learn about the company's operations in North Dakota. The event included a tour of Applied Digital's data center that is currently under construction and Ellendale Acres. Ellendale Acres is a housing community that was developed with a partnership between Applied Digital, the city of Ellendale, state of North Dakota and Headwaters Development to build 20 homes and a 38-unit apartment complex. Armstrong also signed House Bill 1539 at the event in Ellendale. With the signing of HB 1539, on-site backup electric generation that exceeds 50 megawatts and is not connected to the power grid will no longer be subject to the North Dakota Public Service Commission's Siting Act, according to a news release from the Office of the Governor. The change in law takes effect Aug. 1. "This will allow data centers and other businesses to add on-site backup generation more easily with local approval while still complying with environmental protections," the news release says. "In testimony on the bill, Applied Digital, which also has a facility in Jamestown, said backup power generation will protect workers and equipment from unintentional harm caused by unexpected disconnection from the power grid and will allow the data center's large load to operate off-grid in emergency situations, improving the reliability of the grid for other customers and the grid's operators." Applied Digital designs, develops and operates next-generation data centers across North America to provide digital infrastructure solutions to the high-performance computing industry, Phillips said. In North Dakota, Applied Digital has blockchain sites that support cryptocurrency mining about 7 miles north of Jamestown and 1 mile west of Ellendale. Armstrong told The Jamestown Sun that Applied Digital's project in Ellendale can happen in North Dakota because of the state's great fiber buildout, business environment and energy. "When you have a town like Ellendale in this area of rural North Dakota that has really been struggling just to stay alive for the last 20 years, it's a tremendous opportunity not just for this community but for the economy of south-central North Dakota," he said. Ellendale Mayor Don Flaherty said Applied Digital gives the city of Ellendale an ability to move forward and do things for the community that weren't possible five to 10 years ago. "Now I can stand in front of you today and I can say with the things that are happening right now, I see Ellendale being a shining light in this area of North Dakota well into the 22nd century because of the things that we're going to do and the strength that we're going to bring back to our community because of this," he said. Phillips said Applied Digital expects to be a top 10 property taxpayer in the state in the next year or two. Applied Digital expects to employ 350 full-time employees at the Ellendale site and those people will need places to live in the community, Phillips said. "In terms of local infrastructure, one of the things that we've needed to do is we're trying to convince folks to move here, to live here in Ellendale, and that's very important for us," he said. Currently, about 450 workers are in Ellendale for construction of the 380,000-square-foot high-performance computing artificial intelligence data center, Phillips said. "I'm told that number (of workers) is going to go up drastically as the next two buildings get farther underway," he said. Flaherty said Ellendale's peak population was either 1,800 in the late 1950s or early '60s or 1,500 in 2000 depending on what artificial intelligence Google search engine was used. Ellendale's current population is over 1,100, according to the U.S. Census Bureau. Flaherty said Applied Digital coming to Ellendale is the "first domino to fall." As a result, he said more people will want to do business in Ellendale. "We're going to have spouses of people who are going to work at the data center who are going to say, 'Hey, I want to start this kind of business,' or 'I've had this kind of experience and I want to bring that to here,'" he said. To help the Ellendale community, Applied Digital partnered with Headwaters Development and the Bank of North Dakota to build 20 new homes — eight four-bedroom and 12 two-bedroom — and a 38-unit apartment complex utilizing the state's Rural-Workforce Initiative to Support Housing (R-WISH) pilot program. The housing development is called Ellendale Acres and is located in south Ellendale. The R-WISH pilot program utilizes up to $10 million of Bank of North Dakota capital to complement the work done by the North Dakota Housing Finance Agency and the North Dakota Housing Initiative Advisory Committee, according to Bank of North Dakota's website. The maximum amount from the R-WISH fund is the lesser of 30% of the project costs, $3.5 million or the matching contribution from the company. Applied Digital contributed the $3.5 million toward the program to build housing in Ellendale. Headwaters Development will own the homes and apartment complex and rent them to Applied Digital employees. Armstrong said Applied Digital's project and helping with Ellendale's housing challenge is a holistic view of economic development. He said a local community and its elected officials need to promote and welcome business. "You need a company that wants to be there," he said. "You get private equity and then you get the Bank of North Dakota to step in. It really is kind of an all-above approach. They (Applied Digital) can't build that facility if anybody who works there has nowhere to live. So they've engaged in the community in a really meaningful way. I think it's a model for how you would do a large-scale project in a place like Ellendale." Ryan Sailer, president of Headwaters Development, said Ellendale Acres is a big accomplishment that had great collaboration to make it happen. He talked about the challenges and hurdles to bring housing to rural communities. He said construction costs have increased for housing in rural communities. He also said it's difficult for rural communities to get contractors and subcontractors to build housing the magnitude of Ellendale Acres. He said the rental prices are lower in rural areas compared to urban areas, which caps the mortgages. "As developers, we're bringing in more equity which often isn't sustainable because we have investors that require a certain risk adjusted rate of return, and they're not willing to take the risk," he said. He said if employers want to expand or a city wants to bring in employers, housing is need for their employees. "You almost have to come up with a combined solution to figure out how to do it somewhat all at once, to make it sustainable and viable," he said. Armstrong said Senate Bill 2225, which establishes the Housing for Opportunity, Mobility and Empowerment (HOME) grant program in the North Dakota Department of Commerce, is a complementary program to the R-WISH pilot program. "Not every community that has a housing need has an Applied Digital coming in," he said. "The R-Wish program only works because Applied Digital has bought in, the financing guys, Headwaters has bought in, and the bank (Bank of North Dakota) has bought in. There are places across North Dakota whether it's Richardton or Hillsboro and between that also need housing that don't have something like this (Applied Digital) at scale." If SB 2225 is approved, the Commerce Department would award grants to political subdivisions to build infrastructure to support affordable market-rate housing. The grant program would be funded one time and ends on June 30, 2027. SB 2225 would appropriate $50 million to the program. The Commerce Department would allocate $10 million for communities with a population of 5,000 or less, $20 million for communities with a population of 5,001 to 20,000 and $5 million for rural metropolitan areas located within 20 miles of city limits of a community with more than 20,000 people. The program provides grant dollars for one-third of the infrastructure costs for residential development projects. The local political subdivision and the developer of the residential lots would each provide one-third of the costs for residential development projects.