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Censorship Overruled in Miami-Dade Schools
ACLU Triumphant in Book Banning Case
FOR IMMEDIATE RELEASE:
Monday, July 24, 2006
CONTACT:
Brandon Hensler, Director of Communications, 786-363-2700
MIAMI – The American Civil Liberties Union (ACLU) of Florida’s Greater Miami Chapter claimed a victory today in the book censorship lawsuit over the 24-book English- and Spanish-language series for children which was banned from Miami-Dade public school libraries last month, including the polemic Vamos a Cuba. The decision handed down by Judge Alan S. Gold in the Southern District of Florida orders the Miami-Dade School District to immediately replace the entire series on library shelves and file a notice of compliance on or before July 31, 2006.
The lawsuit, which was only recently filed on June 21 in federal court, received a swift trial which was imperative to ensure that the book series is replaced on the shelves of Miami-Dade public school libraries prior to the 2006-2007 school year, which begins August 14.
“Twenty-four years after the landmark Pico decision, the Court has spoken again and the law remains clear—censorship of library books based on offensive content or political motivations will not be tolerated in the United States,” said JoNel Newman, Cooperating Attorney for the ACLU of Florida. “The answer is clear. Add more speech with differing viewpoints, don’t enforce censorship.”
The school district yanked the book series off the library shelves after a politically charged school board vote which rejected the advice of the school board attorney, two school review committees (in 7-1 and 15-1 votes) and the district’s Superintendent who all recommended not to remove the books.
“If there was ever a clear case of politics meddling with constitutionality and the law, this is it,” said Randall Marshall, Legal Director for the ACLU of Florida. “We had hoped the school board would heed our advice prior to the vote—but they decided to censor based on political views, and that required us to step in to maintain the law.
Today’s ruling on preliminary injunction requires the school district to replace the entire series of books on the shelves by July 31. Should the district decide to appeal the decision, the ACLU has said that they are ready to defend their position and are confident that constitutional principles will prevail. The ACLU adds that taxpayer dollars would better be spent on educating Miami’s children than using this issue to advance a political agenda.
The case, American Civil Liberties Union of Florida, Inc., Greater Miami Chapter, et. al. v. Miami-Dade County School Board, was litigated by JoNel Newman, Cooperating Attorney, and Randall Marshall, Legal Director for the ACLU of Florida.
"It is regrettable that taxpayers’ dollars had to be used to prove in court what was so clear from the beginning,” said Howard Simon, Executive Director of the ACLU of Florida. “The fight for free speech in Cuba and other oppressive regimes cannot be fought by enforcing censorship in Miami.”
Click to read the Judge's entire Order.
About the ACLU of Florida
The American Civil Liberties Union of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our Web site at: www.aclufl.org.
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