Industry & Advocacy News

Authors Guild Joins Authors and Publishers to Sue Florida Over Draconian Book Ban Law

Book Banning Free Speech

August 30, 2024

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The Authors Guild has joined publishers Penguin Random House, Hachette Book Group, HarperCollins Publishers, Macmillan Publishers, Simon & Schuster, and Sourcebooks; beloved authors Julia Alvarez, Laurie Halse Anderson, John Green, Jodi Picoult, and Angie Thomas; and two students and two parents in a landmark lawsuit against the state of Florida to challenge the book removal provisions contained in HB 1069.

The provisions allow for the indiscriminate removal of books based on vague and overbroad criteria and poses a grave threat to intellectual freedom and the right to read. It has already resulted in the removal of hundreds of titles from school libraries since July 2023, including works by renowned authors and even classics of American literature such as The Bluest Eye by Toni Morrison and The Kite Runner by Khaled Hosseini.

School librarians are currently required to review and remove all books that contain anything that can be construed as “describing or depicting sexual conduct,” with no consideration of the educational value of the work as a whole. If a parent or county resident objects to a book, it must be removed within five days, even if the school district hasn’t evaluated the objection, and even if the objection itself is clearly frivolous. Books removed in this way must remain unavailable until the objection is resolved, with no set timeline for review. 

The vagueness of the law is exacerbated by the fact that Florida’s training materials repeatedly encourage the media specialists who are tasked with reviewing the books to “err on the side of caution” in removing books from school libraries, and educators are subject to felony charges for failing to comply with the law. This atmosphere of fear means that books are likely to be removed for extended periods without due consideration of whether they violate the law. 

The Authors Guild’s participation in this lawsuit underscores the vital interests of authors in this fight against censorship. At a time when author book income is a meager $20,000 a year, well below the federal minimum wage, this additional threat to their livelihood is unacceptable. It also leads to self-censorship, since authors don’t want to risk losing the school and library market.

Mary Rasenberger, CEO of the Authors Guild, stated: “Book bans censor authors’ voices, negating and silencing their lived experience and stories. These bans have a chilling effect on what authors write about, and they damage authors’ reputations. Yet, these same books have edified young people for decades, expanding worlds and fostering self-esteem and empathy for others. We all lose out when authors’ truths are censored.”

The Authors Guild has long been at the forefront of defending authors’ rights and fighting censorship. Our involvement in this Florida case is part of a broader effort to combat the alarming rise of book bans across the nation. We are currently co-plaintiffs in ongoing legal actions in Arkansas and Texas, challenging similar laws that encourage or mandate book banning.

The Authors Guild remains committed to defending literary freedom and will continue to challenge any attempts to censor or ban books through legal action, advocacy, and public education. 

Read the complaint here (PDF).