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Federal Judge in Tallahassee Sides with Escambia County School Board over Book Removal

Judge Allen Winsor ruled the Escambia County School Board’s removal of a book depicting same-sex parents did not constitute unconstitutional viewpoint discrimination, affirming library content control.

  • A federal judge in Tallahassee ruled this week that the Escambia County School Board did not violate the First Amendment by removing the book 'And Tango Makes Three' from school libraries in 2023.
  • The lawsuit filed in 2023 by the book's authors, a student plaintiff, parents, Penguin Random House, and PEN America alleged unlawful viewpoint discrimination based on the book's depiction of same-sex parents.
  • Chief Judge Allen Winsor, presiding in Tallahassee, dismissed the First Amendment claims in an 18-page decision, ruling that the authors do not have a constitutional right to require the library to include their perspective or to use the library as a platform for their speech.
  • Winsor stated that by buying books for a public library, the government is not establishing a platform for others' speech, and he emphasized that the ruling does not stop students from accessing the book through other means.
  • The decision reflects ongoing debates in Florida as multiple school districts have removed or restricted books recently, with Escambia County serving as a key battleground over book access policies.
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nextstepsblog.org broke the news in on Thursday, October 2, 2025.
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