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University of Florida Journal of Law & Public Policy

Authors

Sarah N. Powell

Abstract

The fight over banned books is as old as the nation itself. However, the number of book objections and removals in public schools has increased dramatically in the past two school years. According to PEN America, a national free speech group, Florida currently leads with the highest number of book bans in the nation: “[o]ver 40 percent of all book bans [in the U.S.] occurred in school districts in Florida.”

Vague statutory language and procedures in recent legislation have made banning books even easier. This Note challenges the constitutionality of section 1006.28, Florida Statutes (2024), one of Florida’s newest book ban laws, under the Fourteenth and First Amendments to the United States Constitution. Specifically, this Note examines parents’ rights to control education, students’ rights to access information, and the state’s rights to control the content of public school libraries.

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