A federal judge in Florida has struck down major parts of the states book ban law, ruling that it violates the First Amendment by sweeping protected literature off school library shelves.In 2023, Florida enacted H.B. 1069, expanding the states so-called Dont Say Gay law to prohibit classroom discussions of LGBTQ+ identities through the end of high school. The measure also required schools to remove books flagged for sexual content, a vague standard most often applied to works addressing race, gender, and sexuality. Related Six big-name publishers sue Ron DeSantis Florida over unconstitutional book-banning law Six big-name publishers sue Ron DeSantis Florida over unconstitutional book-banning law Six major book publishers, the Authors Guild, and parents from Escambia County sued after dozens of books were removed. They argued that H.B. 1069 gave parents and residents unchecked power to demand removals of any book considered pornographic or describes sexual conduct, without clear legal definitions. Under this sweeping standard, students lost access to award-winning books including The Color Purple, Cloud Atlas, The Freedom Writers Diary, Looking for Alaska, Slaughterhouse-Five, Shout, The Handmaids Tale, Beloved, and The Bluest Eye.In a broad order, federal Judge Carlos Mendoza of the U.S. Middle District Court of Florida found the states book ban unconstitutionally overbroad, calling it an I know it when I see it test that chilled free speech. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today None of these books are obscene, Mendoza wrote in his order. The restrictions placed on these books are thus unreasonable.Florida already bans materials that meet the strict Supreme Court definition of obscenity and are legally harmful to minors. However, H.B. 1069 went far beyond that, and schools used it to censor works ranging from Shakespeare to the dictionary.Rejecting the states claim that removals were simply government curation, Judge Mendoza held that delegating an unchecked license to object to materials under an I know it when I see it approach to parents, regardless of the holistic value of the book individually or as part of a larger collection, amounted to outright censorship. The decision is especially significant for LGBTQ+ communities, since many of the books pulled under Floridas law (and similar policies nationwide) feature LGBTQ+ characters or explore gender identity. In fact, according to PEN America, 25% of the books banned in the 202324 school year featured LGBTQ+ characters or themes.This victory affirms what weve always known that literature has the power to expand worlds, foster empathy, and help young people understand themselves and their experiences, said Mary Rasenberger, CEO of the Authors Guild, which is a party to the lawsuit. Book bans dont just censor words on a page; they silence authors lived experiences and deny students access to the stories that help them navigate an increasingly complex world.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.