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From Iowa to Florida, national lawsuits against local book bans begin to gain traction

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From Iowa to Florida, national lawsuits against local book bans begin to gain traction

Lawsuits challenging book bans in Florida and Iowa are proving to play a key role in the growing fight for student’s access to literature.

On Wednesday, a U.S. District Judge ruled that the federal lawsuit challenging Escambia County School Board for censoring library shelves can move forward. The publishing conglomerate Penguin Random House, alongside free-speech advocacy group PEN America as well as banned authors and parents, filed the lawsuit against the Florida school district last May.

Judge Kent Wetherell said the plaintiffs have standing to pursue their claims that the school district is violating the 1st Amendment by scrubbing library shelves of books based on a political or ideological disagreement with the ideas the books express. Judge Wetherell also shot down the state’s argument that its decisions to ban books are immune from the 1st Amendment.

In May, Dan Novack, Penguin Random House vice president and associate general counsel, told The Times the publishing house was suing to stop “one of the most unsubtle attempts at viewpoint discrimination” they’d ever seen.

Shalini Goel Agarwal, counsel at Protect Democracy, said in a statement that “after targeting books centering people of color and LGBTQ+ individuals and ignoring its own review committees’ recommendations, the government baldly asserted that this could not be viewpoint discrimination because the 1st Amendment does not apply to school libraries. Today’s ruling makes clear that they are wrong.”

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The suit also alleged a 14th Amendment violation citing the Equal Protection Clause, because the challenged books are disproportionately titles by nonwhite and/or LGBTQ+ authors. Judge Wetherell denied the 14th Amendment claim, but ruled that 1st Amendment protections are implicated when the school district removes books based on ideology or viewpoint.

The books challenged in Escambia County include Toni Morrison’s classic novel “The Bluest Eye” and Kurt Vonnegut’s “Slaughterhouse-Five” as well Anne Frank’s “Diary of a Young Girl.” According to a list obtained by the Florida Freedom to Read Project, picture books, middle grade books, young adult titles and even five dictionaries have been banned by the county.

Since the lawsuit was filed last spring, the district has removed additional books due to new state laws, including HB 1069 — an education law, which became effective July 1, that restricts books depicting “sexual conduct” from grades deemed age-inappropriate. Recent titles affected ranged from “The Teen Vogue Handbook: An Insider’s Guide to Careers in Fashion” to a biography of the nation’s first Black United States Supreme Court justice, Thurgood Marshall.

On Tuesday, PEN America released a list of more than 1,600 challenged titles pending investigation in Escambia County.

“Today, we urged the court to vindicate the constitutional rights of students, parents, authors and publishers,” said Katie Blankenship, the director of PEN America, Florida. “We are heartened that Judge Wetherell agreed and that our case can proceed.”

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“These books need to be returned to the shelves where they belong, and every day that students are refused access is a day they’re not getting the high-quality education they deserve,” she continued.

While Florida and Texas have become the epicenters of book banning in recent years, many other states have seen similar efforts. And one Iowa law has become another national flashpoint.

Two weeks ago, U.S. District Judge Stephen Locher granted an injunction against Iowa Senate File 496 and its book-banning provisions — just days before penalties for violating the law were planned to take effect. Enacted in May 2023, SF 496 prohibits K-12 students from accessing books including any description of sex and forbids discussing or reading about gender identity or sexual orientation through sixth grade.

Penguin Random House, again citing 1st and 14th Amendment violations, filed a lawsuit Nov. 30 — alongside the Iowa State Education Assn., critically acclaimed authors Laurie Halse Anderson, John Green, Malinda Lo and Jodi Picoult as well as a high school student, her parent and three educators.

Books pulled from libraries as a result of SF 496 included three novels by Toni Morrison, “Ulysses” by James Joyce, “As I Lay Dying” by William Faulkner, “Forever” by Judy Blume and more. The student who joined the suit is a senior at Urbandale High School who, as a result of SF 496, lost access to books including Alice Walker’s “The Color Purple” and Margaret Atwood’s “The Handmaid’s Tale.”

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“Our mission of connecting authors and their stories to readers around the world contributes to the free flow of ideas and perspectives that is a hallmark of American democracy — and we will always stand by it,” said Nihar Malaviya, chief executive at Penguin Random House.

“We know that not every book we publish will be for every reader, but we must protect the right for all Americans, including students, parents, caregivers, teachers, and librarians, to have equitable access to books and to continue to decide what they read.”

Movie Reviews

No More Time – Review | Pandemic Indie Thriller | Heaven of Horror

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No More Time – Review | Pandemic Indie Thriller | Heaven of Horror

Where is the dog?

You can call me one-track-minded or say that I focus on the wrong things, but do not include an element that I am then expected to forget. Especially if that “element” is an animal – and a dog, even.

In No More Time, we meet a couple, and it takes quite some time before we suddenly see that they have a dog with them. It appears in a scene suddenly, because their sweet little dog has a purpose: A “meet-cute” with a girl who wants to pet their dog.

After that, the dog is rarely in the movie or mentioned. Sure, we see it in the background once or twice, but when something strange (or noisy) happens, it’s never around. This completely ruins the illusion for me. Part of the brilliance of having an animal with you during an apocalyptic event is that it can help you.

And yet, in No More Time, this is never truly utilized. It feels like a strange afterthought for that one scene with the girl to work, but as a dog lover, I am now invested in the dog. Not unlike in I Am Legend or Darryl’s dog in The Walking Dead. As such, this completely ruined the overall experience for me.

If it were just me, I could (sort of) live with it. But there’s a reason why an entire website is named after people demanding to know whether the dog dies, before they’ll decide if they’ll watch a movie.

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Scarlett Johansson and June Squibb bonded on ‘Eleanor the Great.’ Well, except that one scene

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Scarlett Johansson and June Squibb bonded on ‘Eleanor the Great.’ Well, except that one scene

Scarlett Johansson wasn’t on the hunt for a feature film to direct when she was sent “Eleanor the Great,” about a 90-something woman who reminded Johansson of her own sparky grandmother. But Tory Kamen’s script arrived with a cover letter from Oscar nominee June Squibb.

“I was really interested in what, at this stage, June wanted to star in,” she says. “I was compelled to read it because of that.”

What Johansson also learned is that Squibb, star of last year’s acclaimed caper “Thelma” and the voice of Nostalgia in “Inside Out 2,” adds extra gloss to a project and is genre-adaptable. Since “Eleanor,” she’s wrapped shooting on an indie mockumentary called “The Making of Jesus Diabetes,” starring and produced by Bob Odenkirk. (“Bob and I know each other from ‘Nebraska,’” she says. “He asked and I did one scene.”) Currently, she’s in the play “Marjorie Prime,” her first appearance on Broadway since “Waitress” in 2018, when she stepped into the role of Old Joe, previously occupied by Al Roker. (“They made [the character] into a lady for me.”)

Recently, Johansson and Squibb got together via Zoom to discuss lurching process trailers, how Squibb bonded with co-star Erin Kellyman (who plays Nina, Eleanor’s college-age friend), and the trick to playing a character who tells a whopper at a Holocaust survivors’ support group based on her dead best friend’s experience.

Squibb, left, Erin Kellyman and Chiwetel Ejiofor in “Eleanor the Great.”

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(Jojo Whilden / Sony Pictures Cla)

What does a first-time director plan for Day One of a wintertime shoot in New York?

Johansson: The first thing we shot was [Eleanor and Nina] arriving at Coney Island. It wasn’t easy. We were outside. It was cold. It was a little hectic, but we figured it out. Then we had to do this thing in a car, and it was just miserable. Nobody wants to shoot a scene being towed in a car. There are all these stops and starts. You get nauseous. I felt terrible about that. But it was good for June and Erin.

Squibb: We had a lot of time that day together and we liked who each other was. It was just easy.

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June, you believe in showing up fully prepped, on script. Did you and Scarlett talk a lot about Eleanor?

Squibb: I’m sure we talked over that first two weeks, but I think we started delving when we started shooting. I can’t say this enough, but her being the actress she is? It just helped me tremendously. I felt so relaxed, like she knew what I was doing.

A less charismatic actor might have trouble pulling off this character. Eleanor can be so impertinent, yet the audience still has to like her.

Johansson: The tightrope June walks is that she’s able to be salty, inconsiderate and rude as the Eleanor character, then balance it out with quiet moments where you see the guard slip. You see the vulnerability of [Eleanor]. June plays that so beautifully.

June, in 1953, you converted to Judaism. Scarlett, how important was it to have Eleanor played by a Jewish actress?

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Johansson: It was definitely important to me, and it became important to the production too. We had tremendous support from the Jewish community. We brought the script to the Shoah Foundation and they helped us craft [Eleanor’s best friend] Bessie’s survivor story.

Actress June Squibb, right, and director Scarlett Johansson.

(The Tyler Times / For The Times)

Did they also help you find real-life Holocaust survivors — like Sami Steigmann —that you cast as support group members?

Johansson: It was a real group effort. Every time someone joined, it was a huge celebration. We got another one! At the time there were, like, 225,000 [survivors] worldwide. It gets less every year. I think only two of [the survivors in the group] knew each other previously. None of them had ever been on a film set before, and they were so patient with us.

Squibb: We just sort of passed the time of day. Sami, who was sitting next to me, and I chatted. It was all very relaxed. They were having a good time. They were interested in lunch. I remember that.

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Johansson: I talked to everyone individually. Quite a lot of them are public speakers and share their stories. It’s amazing. You’re talking to people in their 90s about an experience they had when they were 7. Their stories are so vivid in their minds. Sami told June that sharing the story is part of the healing.

June, for a bat mitzvah scene you memorized a complicated Torah portion. How did it go?

Squibb: It wasn’t easy to learn. I didn’t do it overnight. But we were in a beautiful synagogue, and it was great to stand there and do it. I enjoyed it.

Talk about finding out that it didn’t make the final cut.

Squibb: I think the first thing I asked [Scarlett was], [sounding peeved] “Where did my Torah portion go?” [laughs]

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Johannson: It was, like, “What the hell happened?” [laughs, then winces] I really struggled. But every way I cut it, it didn’t work so it just had to go. I was pretty nervous to show it [to June]. I said to Harry, my editor, “She worked so hard on it.”

How about that five-minute standing ovation when “Eleanor” has its world premiere at Cannes?

Squibb: It was just terribly exciting. We hugged each other a lot. And Erin was there, and she was in our hug too. I kept thinking, “We’re not even at a lovely theater in America. My God, this is an international audience here and they’re loving it.” And they did.

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Movie Reviews

Film reviews: ‘Marty Supreme’ and ‘Is This Thing On?’

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Film reviews: ‘Marty Supreme’ and ‘Is This Thing On?’

‘Marty Supreme’

Directed by Josh Safdie (R)

★★★★

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