SocraticGadfly: Florida book ban lawsuit looks fun, but likely full of trouble

May 18, 2023

Florida book ban lawsuit looks fun, but likely full of trouble

Escambia County Schools (that's Pensacola, Panhandle, Redneck Riviera) is being sued by the big book publishers plus PEN for various book bans. The lawsuit looks fun. Winnable? Different.

First? Gotta loovvveee school board member Bill Slayton:

"We have been removing books that have been called inappropriate, pornography," he said. "I guess I'm a little surprised because this is going on all over the state of Florida, not just here. My reaction is our procedures are following what we have been told we have to do."

Sounds like Nazis' version of "just following orders."

Winnable? Different story.

This sounds great:

Suzanne Nossel, the CEO of PEN America, the lead plaintiff in the lawsuit, said in a statement the freedom to read “is guaranteed by the constitution.”

But, the Supreme Court has in the past said the First Amendment doesn't fully extend to children. Hazelwood is one example, a ruling tightened in Morse, the famous "Bong hits for Jesus" case. OTOH, by denying cert, the Court let stand the Guiles ruling, which indirectly and partially goes against. It's also said the right to an education is not fundamental.

The Fourteenth Amendment grounds might sound better, but there again, there's the school in loco parentis.

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