(MIAMI)—In a letter sent to Florida school districts, a coalition of free expression organizations called on them to uphold free speech rights and return banned books to shelves. The letter was a response to a federal court ruling that HB 1069 is unconstitutional.
HB 1069, passed in 2023, is the Florida law that expanded the existing mechanisms used to challenge and remove books from K-12 public schools, specifically targeting any book that “depicts or describes sexual conduct,” and mandating that books be removed immediately upon objection. PEN America previously called this law a “grave assault” on the freedom to read in Florida, and identified its incurable constitutional flaws.
The coalition—PEN America Florida, Authors Against Books Bans, Florida Freedom to Read Project, National Coalition Against Censorship and We Need Diverse Books—wrote to school districts urging them to stand on the side of the First Amendment in accordance to this ruling and to conduct future book reviews under existing national legal and professional standards—rather than under a cloud of fear, intimidation, confusion, or self-censorship.
The letter states: “As you are aware, Judge Carlos Mendoza recently ruled that significant portions of House Bill 1069 were unconstitutional, finding that the State had exceeded its authority and that the resulting censorship regime unlawfully restricted students’ rights. This ruling affirms what many free speech advocates have long warned: that the overbroad, vague mandates of HB 1069 compelled districts to suppress access to literature in violation of the First Amendment.
“This decision provides your district with both a clear legal obligation and a vital opportunity. Florida’s students deserve full access to books, especially those offering diverse perspectives and literary value. Arbitrary removals have not only deprived young people of vital educational resources but also eroded the trust of parents, educators, and communities, who expect schools to uphold both professional standards and constitutional rights.”
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], (201) 247-5057