Penguin Random House, its authors and Florida parents sue school district over book bans

Publisher Penguin Random House and the writers' group PEN America filed a lawsuit on Wednesday against a Florida school district over the removal of books from public school libraries that address race and LGBTQ issues.

The lawsuit, that is also being brought by parents and students, is the latest opposition to a policy central to Florida Gov. Ron DeSantis and his agenda as he prepares to run for president.

The book removals are unconstitutional and a violation of the First Amendment, which protects freedom of speech, according to the suit against the Escambia County School District and the school board.

'Books are being ordered removed from libraries, or subject to restricted access within those libraries, based on an ideologically driven campaign to push certain ideas out of schools,' the complaint said.

'These restrictions and removals have disproportionately targeted books by or about people of color and/or LGBTQ people,' it added.

Publisher Penguin Random House and the writers' group PEN America filed a lawsuit on Wednesday against a Florida school district over the removal of books from public school libraries. 'The Bluest Eye' by Nobel Literature Prize-winning author Toni Morrison (pictured) is one of two Penguin books to have been banned in Escambia County School District

Pictured: The Penguin Random House logo is seen in an office lobby (file photo)

Florida Governor Ron DeSantis, a potential candidate for the 2024 Republican presidential nomination, has been a driving force behind a campaign in the southern state to restrict children's access to certain books. 

He has leaned heavily into cultural divides on race, sexual orientation and gender as he moves to win support from conservative voters who decide Republican primaries.

Florida has been a leading battleground in the so-called 'culture wars', and scores of books have been removed from library shelves in recent months, deemed inappropriate for children by conservative parents and school boards.

Suzanne Nossel, CEO of PEN America, denounced the book removals in a statement announcing the lawsuit.

'Children in a democracy must not be taught that books are dangerous,' Nossel said.

'In Escambia County, state censors are spiriting books off shelves in a deliberate attempt to suppress diverse voices.

'In a nation built on free speech, this cannot stand.'

She added: 'The law demands that the Escambia County School District put removed or restricted books back on library shelves where they belong.' 

Nihar Malaviya, CEO of Penguin Random House, said 'books have the capacity to change lives for the better, and students in particular deserve equitable access to a wide range of perspectives.

'Censorship, in the form of book bans like those enacted by Escambia County, are a direct threat to democracy and our Constitutional rights.'

Pictured: George M. Johnson (left) and David Levithan (right), two children's authors who have had their books banned or targeted by the Escambia County School District, and who are joining the lawsuit against the county

Kyle Lukoff, 38, is a transgender man, school librarian, and former bookseller who has written many books for young readers. He has also joined the lawsuit

Ashley Hope Pérez (left) is the author of award-winning novels for young adults, including Out of Darkness, The Knife and the Butterfly, and What Can’t Wait. Sarah S Brannen (right) is the author of Uncle Bobby’s Wedding, which came out in 2008 and was the first book about a same-sex wedding published by a US publisher. Both have joined the lawsuit

Pictured: American novelist Toni Morrison, who died in 2019. Her first novel, The Bluest Eye, was published in 1970, and she went on to win the Pulitzer Prize for her 1977 novel 'Beloved', before being awarded the Nobel Prize in Literature in 1993. Some of her books - including 'The Bluest Eye' and 'Beloved' - have been banned in some school districts

He added: 'We stand by our authors, their books, and the teachers, librarians, and parents who champion free expression.'

Several authors who have had their books removed joined the lawsuit along with the parents of children who attend schools in Escambia County.

These included Ashley Hope Pérez, David Levithan, Kyle Lukoff, Sarah S. Brannen and George M Johnson - according to PEN America's website.

According to the lawsuit, at least two books published by Penguin Random House - 'The Bluest Eye' by Nobel Literature Prize-winning author Toni Morrison, 'Push' by Sapphire, 'The Nowhere Girls' by Amy Reed and 'Lucky' by Alice Sebold - have been removed from some school district libraries.

The lawsuit said more than 150 additional books are under review by the school board, including 'The Kite Runner' by Khaled Hosseini, 'Two Boys Kissing' by David Levithan and 'Slaughterhouse-Five' by Kurt Vonnegut.

According to PEN America, 1,648 unique book titles were banned in 32 states during the 2021-22 school year, with the most occurring in Florida and Texas.

PEN America, which has tracked school book bans, advocates for literary freedoms and has a membership of 7,500 writing professionals, including authors whose books have been removed or restricted in the school district. 

Penguin Random House, a massive publisher, has published books that have been removed or restricted by the district.

The lawsuit says the removals stem from objections from one language arts teacher in the county, and in each case the school board voted to remove the books over recommendations from a district review committee that deemed them suitable.

The teacher's formal objections to the books appear to draw on materials compiled by a website that creates reports on books it deems ideologically unsuitable for children, according to the lawsuit.

In one example cited in the lawsuit, the teacher admitted she had never heard of the book 'The Perks of Being a Wallflower' by Stephen Chbosky.

Despite this, the teacher filed an objection form to the novel that contained specific excerpts and phrasing from the book ban website.

The lawsuit said more than 150 additional books are under review by the Escambia country school board. 

Pictured: Dr. Timothy A. Smith, Superintendent of the Escambia County School District

Pictured: A display of banned books sits in a Barnes & Noble book store in Pittsford, New York, on September 25, 2022

The lawsuit came as DeSantis signed bills Wednesday that ban gender-affirming care for minors, target drag shows, restrict discussion of personal pronouns in schools and force people to use certain bathrooms.

He signed the bills in front of a cheering crowd at the evangelical Cambridge Christian School in Tampa. 

The ceremony had a campaign-like feel, with DeSantis tossing Sharpies to a crowd, as opposed to when he privately signed measures on abortion and gun rights.

Democrats opposed the bills, and LBTQ+ rallies were held at the Capitol during the session that ended two weeks ago. But Republicans have a super-majority in both chambers and easily approved the bills for DeSantis' signature.