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In an extraordinary press conference last week, Florida Governor Ron DeSantis (R) acknowledged that challenges to books in the state's school libraries are out of control. Over the course of the event, DeSantis blamed teachers, school officials, "random people," community members, "bad actors," and the media. DeSantis pointed the finger at everyone except for the person most responsible: himself.
What is happening in Florida school libraries is a direct result of legislation signed by DeSantis and regulations and guidance produced by the DeSantis administration. As a result, thousands of books, including many award-winning works of literature, have been pulled off the shelves in Florida schools, and hundreds have been banned permanently from school libraries.
DeSantis claimed that he only "empowered parents to object to obscene material in the classroom." Now, he is complaining that "members of the community… just show up and object to every single book under the sun." But DeSantis and his administration have championed laws, regulations, and guidance pushing for a much broader selection of books to be removed.
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In March 2022, DeSantis signed into law the Parental Rights in Education Act, also known as "Don't Say Gay." The new law stated that "classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3." The law was expanded last year to cover all grades.
The text of the law clearly says these restrictions apply to "classroom instruction" — not library books. But in January 2023, the Florida Department of Education conducted mandatory training for school librarians and emphasized that there was "some overlap between the selection criteria for instructional and library materials." The training says that library books and instructional materials cannot cover "unsolicited theories that may lead to student indoctrination," which includes "sexual orientation or gender identity" as specified in the Parental Rights in Education Act. The school librarians were encouraged to "err on the side of caution" and were warned that making books prohibited by Florida law available to students could subject them to third-degree felony charges.
Subsequently, there have been hundreds of challenges of books simply because they include LGBTQ characters. In September, Popular Information obtained an internal document summarizing guidance from the Superintendent in Charlotte County, Florida, Mark Vianello. According to the document, county librarians were told that "[b]ooks with LGBTQ+ characters are not to be included in classroom libraries or school library media centers."
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Charlotte County later said that all books with LGBTQ characters were removed from elementary and middle school libraries, but not high school libraries. Charlotte County is not an outlier. Popular Information has documented that books with LGBTQ characters were challenged and removed from Lake, Seminole, Escambia, Clay, and at least 11 other counties. Similarly, books that discuss racial discrimination are being challenged due to the "Stop Woke Act," a law signed by DeSantis that prohibits classroom instruction on Critical Race Theory.
DeSantis and Florida Commissioner of Education Manny Diaz Jr., who appeared with DeSantis at last week's event, could put an end to all this by issuing guidance to school districts clarifying that "Don't Say Gay" and the "Stop Woke Act" do not apply to library books. But they have refused to do so, except in the context of litigation. Instead, DeSantis and Diaz Jr. are holding press conferences grumbling about all the people who are challenging non-obscene books.
DeSantis opened the floodgates
At last week's press conference, DeSantis said he would support legislation that would make it a bit more difficult to challenge large numbers of books. But, in May 2023, DeSantis signed legislation that made it much easier to challenge many titles. That law, HB 1069, gives residents the right to demand the removal of any library book that "depicts or describes sexual conduct," as defined under Florida law, whether or not the book is pornographic. The law also requires a school district to remove any book challenged on this basis from the library within five days, pending a formal review.
The Florida Department of Education produced a memo in October 2023 advising superintendents that every book in school or classroom libraries must comply with HB 1069. The Escambia County School Board ordered a review of all books in light of the new law. At the completion of that process, more than 2800 books were removed from libraries, including three dictionaries, eight different encyclopedias, two thesauruses, and five editions of The Guinness Book of World Records.
In a press release about last week's event, DeSantis asserted that claims dictionaries and thesauruses were removed from Florida school libraries was a "hoax."
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It is not a hoax. Dictionaries and thesauruses were removed from Escambia County school libraries for months, according to a spreadsheet maintained by the school district.
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The dictionaries were only restored to the shelves last month. As of February 2, 2024, more than 2300 books remain inaccessible to students. This includes books by Maya Angelou, William Faulkner, and Stephen King.
Applying a bandage to a broken bone
DeSantis threw his support behind legislation advancing in the Florida House that "authorizes school districts to assess a processing fee of $100 for each objection to a material by a resident or parent whose student is not enrolled in the school where the material is located." The new fee would apply only after an individual files five unsuccessful challenges.
This provision appears to be targeted at individuals like Vicki Baggett, the Escambia County English teacher who has personally challenged 193 books. Bruce Friedman, a resident of Clay County, has also challenged hundreds of books.
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While this legislation would make life a bit more difficult for people like Baggett and Friedman, it does not address the heart of the problem. Florida laws signed by DeSantis allow a vast array of books to be successfully challenged. And the new law would require the $100 fee to be refunded if the challenge was successful. Under current law, many challenges — even those targeting classic works — will be successful. Friedman has already said the fee would not impact his efforts.
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