First Amendment litigation involving book censorship in schools has usually turned on the rights of a school board to control classroom curricula by prohibiting the use of certain texts, and an inquiry into whether a certain challenged text is vulgar. Some federal courts have distinguished between objective vulgarity—which a school board may prohibit—and the subject matter of a book (witchcraft, lesbian romance) with which the school board members may personally disagree or have a distaste for—and which a school board may not prohibit.

But one federal court recently stated that book banning takes place when a government or its officials forbid or prohibit others from having a book. The term does not apply where a school district—through its authorized school board—decides not to continue possessing the book on its own library shelves. The school board is the entity that has the ultimate authority to decide what books will be purchased and kept on the shelves of the schools in the district—and the school board can decide not to purchase and shelve a book in the first place.

In Florida, First Amendment litigation related to book censorship in schools often hinges on the balance between a school board's authority to determine classroom curricula and the prohibition of certain texts, against the rights of individuals to access diverse information. Federal courts have made a distinction between prohibiting books on the basis of objective vulgarity, which may be within a school board's rights, and banning books due to subjective disagreement with the content, such as themes of witchcraft or LGBTQ+ relationships, which is generally not permissible. However, a recent federal court ruling clarified that the term 'book banning' specifically refers to the act of forbidding access to a book. It does not encompass a school board's decision not to purchase or to remove a book from a school's library collection, as the school board possesses the discretion to determine which books to acquire and maintain in the district's libraries. This distinction underscores the school board's significant role in shaping the availability of literature in educational settings, while also highlighting the ongoing legal debates surrounding educational content and First Amendment rights.