## Facts

- Miami-Dade County Public Schools stocked children’s books introducing foreign countries in elementary and middle school libraries, including *Vamos a Cuba* (Spanish) and *A Visit to Cuba* (English).
- A parent and Cuban exile objected that the books presented a misleading, sanitized depiction of life in Cuba and contained factual inaccuracies and omissions.
- The objection proceeded through multiple review levels:
  - A school principal denied the initial removal request.
  - A district instructional materials and library media services committee reviewed the book for educational significance, appropriateness, and accuracy and recommended keeping it.
  - The superintendent accepted the committee’s recommendation.
  - On appeal, the elected School Board held hearings with public comment and then voted to remove both versions, citing factual inaccuracies and omissions.
- The ACLU of Florida, a student government association, and a parent sued, alleging unconstitutional viewpoint discrimination and interference with students’ First Amendment right to receive information, and also alleging a due process violation.

## Issues

1. Whether removing a book from public school libraries violated the First Amendment when the board asserted concerns about factual accuracy and educational suitability.
2. Whether the stated reasons of inaccuracy and unsuitability were a pretext for viewpoint discrimination aimed at suppressing ideas about Cuba.
3. Whether the review and removal process violated due process.

## Decision

- The Eleventh Circuit reversed the district court’s permanent injunction and upheld the School Board’s removal decision.
- The court held the First Amendment was not violated because the Board’s removal was based on factual inaccuracy and educational suitability rather than a motive to suppress a particular viewpoint.
- The court rejected the due process claim, concluding plaintiffs did not show a protected interest in a specific library book’s continued availability and, in any event, the process used was adequate.

## Legal Principles

- Public school boards have broad discretion to manage school library collections, but that discretion is limited by the First Amendment when the purpose is to suppress disfavored ideas.
- Under the controlling guidance drawn from *Board of Education v. Pico*, removal decisions are permissible when grounded in educational suitability, including good-faith judgments about age-appropriateness and factual reliability, and impermissible when driven by viewpoint-based suppression.
- Federal courts should not substitute their judgments for local educational authorities on routine collection-management decisions absent sufficient evidence of unconstitutional motive.
- Due process liability generally requires a cognizable liberty or property interest; continued access to a particular library book was not treated as such an interest in this context.

## Conclusion

The Eleventh Circuit upheld the School Board’s removal of *Vamos a Cuba*/*A Visit to Cuba* from school libraries because the record supported a good-faith determination that the books were misleading and educationally unsuitable, not a purpose to suppress a political viewpoint, and because the plaintiffs failed to establish a due process violation.


Am. Civ. Liberties Union of Fla., Inc. v. Miami-Dade Cnty. Sch. Bd., 557 F.3d 1177 (11th Cir. 2009)