American Civil Liberties Union of Florida, Inc. v. Miami-Dade County School Board

The First Amendment prevents the government from banning books from school libraries, except in limited circumstances not present here. I find no abuse of discretion by the district court, which determined that there is a substantial likelihood that Vamos a Cuba was banned from the Miami-Dade County school library shelves because of its viewpoint, rather than for legitimate pedagogical reasons. Therefore, I must respectfully dissent.

I. STANDING

I agree with the majority’s reasoning and conclusion that while the plaintiffs do not have standing to challenge the School Board’s order to remove the…