'Sloppy and rushed' Florida book law causes 'confusion' among school-district attorneys

The Miami Herald recently "obtained email exchanges among school-district attorneys and the Florida Association of District School Superintendents," displaying the the lawyers' "confusion" over a new bill that places restrictions on which books students can read in schools.

In an op-ed published by the newspaper Tuesday, September 26, The Miami Herald editorial board notes:

Throughout the emails, there was a common warning to educators: Err on the side of caution. This is also one of the recommendations that the state Department of Education offered in its online 'Library Media and Instructional Materials Training.' That might be why Florida led the nation on book bans, accounting for 40% of materials removed from school shelves from July 2022 to June 2023, according to a tally by PEN America, a nonprofit that advocates for freedom of expression. Most books were removed pending a school review.

The editors emphasize, the confusing legislation "is a serious matter because, under Florida statute, librarians and educators could face third-degree felony charges if they 'knowingly' distribute content that's harmful to students."

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Part of the attorneys' confusion, according to the board, is "over the word 'masturbation' — is its mere mention enough to get a book removed?"

The lawyers wondered "whether the new law would hold schools liable for material sold at book fairs held on campuses," the editors write. "They sought clarification on whether a two-letter word in the law — 'or' — meant that all sexual material should be removed, 'even if the book itself, taken as a whole, has serious literary, artistic, political or scientific value and is therefore not obscene/harmful to minors,' John Palmerini, deputy general counsel for the School Board of Orange County, wrote in an email to the Department of Education."

One lawyer said, "if taken to an extreme, House Bill 1467 could justify banning the Bible or any coming-of-age story over sexual references."

The board suggests, "Florida lawmakers, so good at politicking, seem to have forgotten the basics of lawmaking: writing clear policies that the rest of the state can follow," concluding, "If a group of lawyers can't figure out what a law does, that's the sign of one of two things: The Legislature, egged on by Gov. Ron DeSantis, got sloppy and rushed through poorly written bills that didn't get properly vetted. Or vagueness is the intent."

READ MORE: 'Just absurd': Shakespeare is latest casualty of Florida’s book ban law

Miami Herald's full editorial is available at this link (subscription required).