Federal judge overturns part of Florida’s book ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas
Over the years, U.S. courts have established that obscenity can be a legitimate cause for removing a book from the public sphere, but only under limited circumstances.
Some school librarians in Florida have found themselves in the midst of controversy over complaints of “obscene” titles in their libraries. Trish233/iStock via Getty Images
When a junior at an Orange County public high school in Florida visited the school library to check out a copy of “On the Road” by Jack Kerouac, it wasn’t in its Dewey decimal system-assigned location.
It turns out the title had been removed from the library’s shelves because of a complaint, and in compliance with Florida House Bill 1069, it had been removed from the library indefinitely. Kerouac’s quintessential chronicle of the Beat Generation in the 1950s, along with hundreds of other titles, was not available for students to read.
Gov. Ron DeSantis signed the bill into law in July 2023. Under this law, if a parent or community member objected to a book on the grounds that it was obscene or pornographic, the school had to remove that title from the curriculum within five days and hold a public hearing with a special magistrate appointed by the state.
On Aug. 13, 2025, Judge Carlos Mendoza of the U.S. Middle District of Florida ruled in Penguin Random House v. Gibson that parts of Florida HB 1069 are unconstitutional and violate students’ First Amendment right of free access to ideas.
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