The Knowledge

Federal judge overturns part of Florida’s book ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas

Published

12 months ago

September 22, 2025

The Conversation

Last Updated on September 23, 2025 by Daily News Staff

Federal judge overturns part of Florida’s book ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas

James B. Blasingame, Arizona State University

When a junior at an Orange County public high school in Florida visited the school library to check out a copy of “On the Road” by Jack Kerouac, it wasn’t in its Dewey decimal system-assigned location.

It turns out the title had been removed from the library’s shelves because of a complaint, and in compliance with Florida House Bill 1069, it had been removed from the library indefinitely. Kerouac’s quintessential chronicle of the Beat Generation in the 1950s, along with hundreds of other titles, was not available for students to read.

Gov. Ron DeSantis signed the bill into law in July 2023. Under this law, if a parent or community member objected to a book on the grounds that it was obscene or pornographic, the school had to remove that title from the curriculum within five days and hold a public hearing with a special magistrate appointed by the state.

On Aug. 13, 2025, Judge Carlos Mendoza of the U.S. Middle District of Florida ruled in Penguin Random House v. Gibson that parts of Florida HB 1069 are unconstitutional and violate students’ First Amendment right of free access to ideas.

The plaintiffs who filed the suit included the five largest trade book publishing houses, a group of award-winning authors, the Authors Guild, which is a labor union for published professional authors with over 15,000 members, and the parents of a group of Florida students.

Though the state filed an appeal on Sept. 11, 2025, this is an important ruling on censorship in a time when many states are passing or debating similar laws.

I’ve spent the past 26 years training English language arts teachers at Arizona State University, and 24 years before that teaching high school English. I understand the importance of Mendoza’s ruling for keeping books in classrooms and school libraries. In my experience, every few years the books teachers have chosen to teach come under attack. I’ve tried to learn as much as I can about the history of censorship in this country and pass it to my students, in order to prepare them for what may lie ahead in their careers as English teachers.

Legal precedent

The August 2025 ruling is in keeping with legal precedent around censorship. Over the years, U.S. courts have established that obscenity can be a legitimate cause for removing a book from the public sphere, but only under limited circumstances.

In the 1933 case of United States v. One Book Called Ulysses, Judge John Munro Woolsey declared that James Joyce’s classic novel was not obscene, contradicting a lower court ruling. Woolsey emphasized that works must be considered as a whole, rather than judged by “selected excerpts,” and that reviewers should apply contemporary national standards and think about the effect on the average person.

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In 1957, the Supreme Court further clarified First Amendment protections in Roth v. United States by rejecting the argument that obscenity lacks redeeming social importance. In this case, the court defined obscenity as material that, taken as a whole, appeals to a prurient – that is, lascivious – interest in sex in average readers.

The Supreme Court’s 1973 Miller v. California decision created the eponymous Miller test for jurors in obscenity cases. This test incorporates language from the Ulysses and Roth rulings, asking jurors to consider whether the average person, looking at the work as a whole and applying the contemporary standards in their community, would find it lascivious. It also adds the consideration of whether the material in question is of “serious literary, artistic, political, or scientific value” when deciding whether it is obscene.

Another decision that is particularly relevant for teachers and school librarians is 1982’s Island Trees School District v. Pico, a case brought by students against their school board. The Supreme Court ruled that removing books from a school library or curriculum is a violation of the First Amendment if it is an attempt to suppress ideas. Free access to ideas in books, the court wrote, is sacrosanct: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion.”

Covers of 23 books with the quote from Judge Mendoza, 'None of these books are obscene.' — These 23 books were removed from Florida school libraries under Florida HB 1069. In his ruling in Penguin Random House v. Gibson, Judge Carlos Mendoza named them and stated, ‘None of these books are obscene.’
Illustration by The Conversation

What this ruling clarifies

In his ruling in August 2025, Mendoza pointed out that many of the removed books are classics with no sexual content at all. This was made possible in part by the formulation of HB 1069. The law allows anyone from the community to challenge a book simply by filling out a form, at which point the school is mandated to remove that book within five days. In order to put a book back in circulation, however, the law requires a hearing to be held by the state’s appointed magistrate, and there is no specified deadline by which this hearing must take place.

Mendoza did not strike down the parts of HB 1069 that require school districts to follow a state policy for challenging books. In line with precedent, he also left in place challenges for obscenity using the Miller test and with reference to age-appropriateness for mature content.

The Florida Department of Education argued that HB 1069 is protected by Florida’s First Amendment right of government speech, a legal theory that the government has the right to prevent any opposing views to its own in schools or any government platform. Mendoza questioned this argument, suggesting that “slapping the label of government speech on book removals only serves to stifle the disfavored viewpoints.”

What this means for schools, in Florida and across the US

In the wake of Mendoza’s decision, Florida schools are unlikely to pull more books from the shelves, but they are also unlikely to immediately return them. Some school librarians have said that they are awaiting the outcome of the appeal before taking action.

States with similar laws on the books or in the works will also be watching the appeal.

Some of these laws in other states have also been challenged, with mixed outcomes. The U.S. Court of Appeals for the 5th Circuit already struck down Texas’ appeal of a ruling against Texas House Bill 900. And parts of an Iowa bill currently are being challenged in court.

But the NAACP’s lawsuit against South Carolina Regulation 43-170 was dismissed On Sept. 8, 2025. And Utah’s House Bill 29 has not yet faced a challenge in court, though it could be affected by the outcomes of these lawsuits in other states.

James B. Blasingame, Professor of English, Arizona State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Forgotten Genius Fridays

Two Black Pioneers Who Helped Change Heart Surgery Forever

Two Black Pioneers Who Helped Change Heart Surgery. Decades apart, Daniel Hale Williams and Vivien Thomas challenged the limits of medicine and helped pave the way toward modern cardiac surgery.

Published

7 days ago

September 4, 2026

Rod Washington

Forgotten Genius Friday: Daniel Hale Williams and Vivien Thomas helped push cardiac surgery from the nearly unthinkable toward modern medicine.

Today, open-heart surgery is performed routinely in hospitals around the world. Surgeons can repair defective valves, bypass blocked arteries and correct complex congenital heart defects using technology that would have seemed almost unimaginable little more than a century ago.

Black Pioneers Who Helped Change Heart Surgery

But the road to modern heart surgery includes two remarkable Black medical pioneers whose contributions came more than 50 years apart: Dr. Daniel Hale Williams and Vivien Thomas.

One demonstrated that surgeons could successfully intervene in injuries involving the heart at a time when such operations were considered extraordinarily dangerous.

The other helped develop an operation that opened a new era of cardiac surgery.

Their stories belong together.

Daniel Hale Williams and the 1893 Operation

In 1893, surgery was dramatically different from what patients experience today.

There were no antibiotics. Blood typing had yet to become standard medical knowledge. Modern blood transfusions, intensive-care units and heart-lung machines did not exist.

Against that backdrop, Dr. Daniel Hale Williams performed an extraordinary operation at Provident Hospital in Chicago.

Williams, born in 1856, was already breaking barriers in American medicine. He founded Provident Hospital and Training School in 1891, creating an institution where Black doctors and nurses could receive training and Black patients could obtain medical treatment at a time when segregation severely restricted their access to many hospitals.

Then came a patient named James Cornish.

Cornish had suffered a serious stab wound to the chest. Williams opened his chest and operated on the structures surrounding the heart, including repairing the pericardium—the protective sac surrounding the heart.

Cornish survived.

The operation became one of the most celebrated moments in the history of American surgery.

Was It Really the First Open-Heart Surgery?

Here is where the history requires some clarification.

Williams is frequently credited with performing the world’s first successful open-heart operation. The U.S. National Library of Medicine, for example, describes his 1893 procedure as the world’s first open-heart surgery.

However, terminology has changed.

Under today’s medical definition, “open-heart surgery” usually refers to an operation performed directly on or inside the heart, frequently with the assistance of cardiopulmonary bypass.

Williams’s operation did not involve opening the chambers of the heart.

For that reason, describing his achievement as one of the earliest successful cardiac operations provides a more precise historical description.

That clarification doesn’t diminish Williams’s accomplishment.

Operating successfully in the chest near the heart in 1893—without antibiotics, modern imaging, sophisticated anesthesia, blood banking or intensive postoperative care—was an extraordinary achievement.

And Williams helped demonstrate something enormously important:

The heart was not necessarily beyond the reach of surgery.

Fifty Years Later: Another Breakthrough

Fast-forward approximately half a century.

Another Black medical pioneer would play a critical role in pushing heart surgery forward.

His name was Vivien Thomas.

Thomas dreamed of becoming a doctor, but the economic devastation of the Great Depression wiped out the money he had saved for medical school.

In 1930, he began working as a laboratory assistant for surgeon Alfred Blalock at Vanderbilt University.

Thomas quickly proved extraordinarily talented at experimental surgery.

When Blalock moved to Johns Hopkins in Baltimore in 1941, Thomas went with him.

There, Thomas would become part of one of the most important developments in the history of cardiac surgery.

The “Blue Baby” Problem

Some children are born with a combination of heart abnormalities called Tetralogy of Fallot.

Because insufficient oxygen reaches their bloodstream, severely affected children can develop a bluish coloration—leading to the historical term “blue baby syndrome.”

At the time, there was little doctors could do for many of these children.

Pediatric cardiologist Dr. Helen Taussig believed a surgical procedure might increase blood flow to the lungs and improve oxygenation.

The challenge was figuring out how to do it.

That’s where Blalock and Thomas entered the story.

Vivien Thomas Builds the Operation

Thomas performed extensive laboratory work developing and perfecting a surgical method that could redirect blood toward the lungs.

Johns Hopkins says Thomas developed and tested the procedure in animals before its first use on a human patient.

His surgical skill became so important that when the first operation was performed, Thomas was present in the operating room guiding Blalock.

On November 29, 1944, the surgical team operated on an 18-month-old child suffering from Tetralogy of Fallot.

The operation successfully increased blood flow to the lungs. Johns Hopkins credits the procedure with eventually saving thousands of children’s lives and helping launch the modern era of cardiac surgery.

It became known for decades as the Blalock-Taussig shunt.

One name was conspicuously missing.

Thomas.

Recognition Comes Decades Later

Despite Thomas’s enormous contribution, racial discrimination shaped both his career and the recognition he received.

Thomas did not have a medical degree and initially worked under classifications and compensation that failed to reflect the sophisticated surgical research he was actually performing.

His role in developing the operation also wasn’t properly credited in the original published account of the procedure. Johns Hopkins itself now describes Thomas as an essential pioneer and notes that he was not given credit when details of the surgery were published in 1945.

Recognition eventually came.

In 1976, Johns Hopkins awarded Thomas an honorary Doctor of Laws degree, and his portrait was placed at the institution.

Even more significantly, Johns Hopkins today incorporates his name into the Blalock-Taussig-Thomas Pediatric and Congenital Heart Center.

History finally added the name that had been missing.

Two Men, Two Eras, One Medical Revolution

Daniel Hale Williams and Vivien Thomas never worked together.

Their breakthroughs happened more than five decades apart.

Their careers were very different.

Williams was a physician, surgeon, hospital founder and medical educator.

Thomas never received the opportunity to become the physician he originally hoped to be, yet became a master surgical technician, researcher and teacher whose skills influenced generations of surgeons.

But their stories intersect in the history of cardiac surgery.

1893 — Daniel Hale Williams demonstrated that extraordinary surgical intervention around the heart could succeed.

1944 — Vivien Thomas helped develop a procedure that demonstrated surgeons could deliberately alter cardiovascular circulation to save children born with serious heart defects.

The 1944 breakthrough was so important that Johns Hopkins describes it as opening the door to today’s heart surgery.

Neither achievement was modern open-heart surgery as we understand it today. The development of cardiopulmonary bypass and the heart-lung machine during the following decade would make operations inside a temporarily stopped heart practical.

But Williams and Thomas helped establish something equally important:

the possibility that surgeons could successfully intervene when the human heart itself was at risk.

Their contributions helped transform cardiac surgery from a medical frontier into one of modern medicine’s most remarkable achievements.

Forgotten Genius Friday

Forgotten Genius Friday celebrates innovators, inventors, scientists and pioneers whose contributions helped shape our modern world but whose names aren’t always as familiar as their accomplishments.

Did you know about Daniel Hale Williams or Vivien Thomas? Join the conversation in the comments, share this story and subscribe to the STM Daily News newsletter for more stories about the people who helped change history.

Source

National Library of Medicine — Daniel Hale Williams, M.D.
Background on Williams, Provident Hospital, and his landmark 1893 cardiac operation.
Daniel Hale Williams — National Library of Medicine

Johns Hopkins Medicine — History of Innovation in Cardiac Surgery
Documents Vivien Thomas’s role in developing the Blue Baby procedure and the historic November 29, 1944 operation. Johns Hopkins describes it as the beginning of a new era in cardiac surgery.
Johns Hopkins Cardiac Surgery Research Lab History

Local Business

Roscoe’s Chicken and Waffles: An L.A. Institution Confronts a Complicated Legacy

Roscoe’s Chicken and Waffles grew from a Harlem-inspired restaurant into a symbol of Black Los Angeles. Fifty years later, lawsuits, bankruptcy, closures and questions about its leadership have complicated the celebrated chain’s legacy.

Published

1 week ago

September 1, 2026

Rod Washington

Last Updated on September 1, 2026 by Daily News Staff

For generations of Southern Californians, Roscoe’s was more than a famous combination of fried chicken and waffles. After 50 years, the restaurant’s cultural importance remains—but lawsuits, bankruptcy, closures and questions about its leadership have complicated the story.

Editorial image representing the history and complicated legacy of Roscoe’s Chicken and Waffles in Los Angeles. — Founded by Herb Hudson in 1975, Roscoe’s became one of Southern California’s most recognizable soul-food institutions.

What Happened to Roscoe’s Chicken and Waffles?

For many visitors to Los Angeles, Roscoe’s House of Chicken and Waffles is a destination—one of those famous places they have seen in movies, heard about in songs or watched celebrities visit.

For many of us who grew up in Los Angeles County, however, Roscoe’s occupies a different place in our memories. It was not necessarily our introduction to soul food, nor was chicken and waffles an exotic discovery. Roscoe’s was one among many soul-food restaurants where families ate in South Los Angeles, Inglewood, Compton, Watts and Long Beach.

I ate food from the South L.A. and Inglewood restaurants when I was young, although I was too young to compare the locations. When I returned to Roscoe’s as an adult and ate at the Long Beach location in 2021, I thought the food was good. That experience connected a familiar name from my Southern California childhood with the restaurant Roscoe’s had become decades later.

But the Roscoe’s story today is no longer only about food and nostalgia. It is also about how a Black cultural institution manages its legacy after lawsuits, bankruptcy proceedings, restaurant closures and a public controversy that caused some longtime customers to question who now controls the business—and whether its leadership still understands the community that helped make Roscoe’s famous.

From Harlem inspiration to a West Coast phenomenon

Herbert “Herb” Hudson, a Harlem native and former General Motors foreman, founded Roscoe’s in 1975. Accounts differ on whether the first restaurant was in Hollywood or Long Beach: Roscoe’s official history identifies the company as Hollywood-based, while culinary historian Adrian Miller and several contemporary reports place Hudson’s first location in Long Beach. What is undisputed is that Hudson brought a Harlem-influenced restaurant concept to Southern California and turned it into something distinctly Angeleno.

Hudson drew inspiration from the chicken-and-waffle restaurants and late-night music culture associated with Harlem, particularly Wells Supper Club. Chicken and waffles existed long before either Wells or Roscoe’s, with roots stretching through Pennsylvania Dutch cooking, Southern foodways and the work of Black cooks. Roscoe’s achievement was not inventing the pairing. It was making fried chicken and waffles a recognizable part of Los Angeles dining and eventually a national phenomenon.

In a 1978 advertisement in the Los Angeles Sentinel, Roscoe’s described the dish as “an East Coast specialty with a West Coast atmosphere.” It was an effective summary of Hudson’s idea.

His entertainment connections helped carry the restaurant beyond its neighborhood base. Stevie Wonder, Natalie Cole and comedian Redd Foxx were associated with its early rise, while athletes, actors, musicians and political figures followed. Roscoe’s became a place where local customers, tourists and celebrities could occupy the same dining room.

The restaurant also offered far more than its headline combination. Grits, eggs, greens, macaroni and cheese, red beans and rice, hot-water cornbread and chicken livers helped place Roscoe’s within the larger soul-food tradition. James Beard Award-winning author Adrian Miller’s history of Roscoe’s describes how Hudson used Black media, music connections and neighborhood locations to build the company.

Becoming part of Black Los Angeles

Roscoe’s did not become an institution merely because famous people ate there. Black Los Angeles made it an institution.

Families celebrated there. Musicians stopped in after performances. Local residents brought visiting relatives. Young people grew up knowing the name before national food television began treating chicken and waffles as a culinary discovery.

Roscoe’s also entered popular culture. It was referenced in movies including Jackie Brown, Rush Hour and Soul Plane, appeared in television productions and was mentioned in music. Its yellow-and-red signs became visual shorthand for a particular side of Los Angeles—one connected to Black culture, nightlife and neighborhood life rather than beaches and Hollywood premieres.

President Barack Obama’s 2011 visit to the Pico Boulevard restaurant represented a high point in that cultural journey. Obama ordered three wings and a waffle, and the meal became known as the “Obama’s Special.” A restaurant created by a Black entrepreneur and sustained heavily by Black customers had served the nation’s first Black president.

Roscoe’s fame, however, could sometimes obscure the larger community around it. Los Angeles has long supported many soul-food kitchens, family restaurants and neighborhood establishments. Roscoe’s became the name outsiders recognized, but it was never the whole story of soul food in Southern California.

The discrimination case and bankruptcy

The most consequential legal chapter began with former employee Daniel Beasley, a Black man who sued East Coast Foods, the company managing several Roscoe’s restaurants.

Beasley alleged that Latino managers gave Latino employees preferential schedules and working conditions while treating Black workers unfairly. He also alleged that he was terminated after complaining about discrimination. A jury found in his favor, and the resulting judgment was ultimately reported at approximately $3.2 million.

This was a particularly damaging case for Roscoe’s reputation. The allegations did not come from an outside critic attacking a Black-owned institution. They came from a Black employee accusing the company behind that institution of failing Black workers.

East Coast Foods filed for Chapter 11 bankruptcy protection in 2016. The discrimination judgment was a major factor, but it was not the company’s only financial obligation. Court proceedings described millions of dollars in additional debt.

The restructuring grew complicated. An examiner concluded that East Coast Foods could not meet its fiduciary responsibilities, and a court-appointed trustee effectively led the company for two years. A bankruptcy judge also ordered Hudson to reverse a transfer of the Roscoe’s name and trademark to an affiliated company he controlled, finding the transfer improper under bankruptcy law.

A restructuring plan took effect in September 2018. It promised creditors full payment with interest, secured by company assets and as much as $10 million from Hudson. The restaurants remained open. The U.S. Court of Appeals for the Ninth Circuit later summarized the proceedings and Hudson’s guarantee.

The bankruptcy is important when discussing claims that Roscoe’s “changed hands.” Court supervision, the temporary appointment of a trustee and the emergence of new executives clearly changed how parts of the company were controlled. However, available reporting does not establish a straightforward sale of the entire chain to a new owner.

That distinction matters. Social-media posts frequently describe Roscoe’s as no longer Black-owned, but the company has not publicly provided a clear, current breakdown of its ownership. The most accurate conclusion is that Roscoe’s corporate structure and leadership became more complicated and less transparent—not that a complete sale has been conclusively documented.

A second employee lawsuit

Roscoe’s faced another labor case in January 2024 when former employee Jaime Alejandro Carbajal-Torres filed a proposed class-action lawsuit in Los Angeles Superior Court.

Carbajal-Torres, who said he worked for the company for more than 20 years, alleged unpaid overtime, interrupted or missed meal and rest periods, unpaid vacation wages and unreimbursed work expenses. The complaint sought class-action status, unspecified damages and an injunction against further violations of California labor law.

These are allegations in a civil complaint, not proven findings, and Roscoe’s did not immediately respond to the original request for comment, according to L.A. Taco’s report.

Nevertheless, the filing revived uncomfortable questions about the treatment of the people whose labor sustains a celebrated restaurant brand. For a company whose identity is tied so strongly to community, repeated employee complaints cannot simply be dismissed as a public-relations inconvenience.

Closures, tragedy and public controversy

The last several years have brought additional challenges.

Roscoe’s closed its celebrated Pico Boulevard restaurant in January 2023 after approximately 32 years. The company directed customers to its newer La Brea flagship, which opened in 2021. In June 2024, the Pasadena restaurant closed after 30 years, although the company said it hoped to find an upgraded location in the city. The Los Angeles Times reported that some customers had begun questioning whether rising prices still matched the food’s quality.

The chain was also touched by tragedy in September 2022 when rapper PnB Rock was shot and killed during a robbery at the Manchester Avenue restaurant. That killing was not a business controversy created by Roscoe’s, but it attached another painful chapter to the restaurant’s recent history.

Then, in November 2024, a large inflatable figure of Donald Trump appeared near the Long Beach restaurant. Images spread online, leading some customers to believe Roscoe’s was endorsing Trump and prompting calls for a boycott.

Roscoe’s COO and creative director Diane Vara said the inflatable was connected to a political watch party at an adjacent jazz lounge, not the restaurant itself. According to Eater Los Angeles, the event was hosted by the Los Angeles County Republican Party and URBT News at the neighboring venue.

That explanation did not fully settle the controversy. Vara, who described herself publicly as a partner in Roscoe’s, had also exchanged contentious social-media comments with a food creator who criticized the restaurant and shared a homemade chicken-and-waffle recipe. The tone of the response intensified existing doubts about the company’s ownership, values and relationship with its traditional customers.

For many longtime patrons, the reaction was about more than partisan politics. Roscoe’s had spent decades benefiting from its status as a symbol of Black Los Angeles. Customers therefore expected its leadership to recognize how its actions—or events appearing to be associated with its property—would be understood by that community.

The state of Roscoe’s today

Roscoe’s reached its 50th anniversary in 2025. Its official website currently lists Hollywood, South L.A., Long Beach, Inglewood-LAX, Anaheim, La Brea and Pasadena, although the old Pasadena restaurant closed in 2024 and the company has discussed seeking a replacement site.

There are also signs of continued ambition. Roscoe’s has signed a lease for a space of more than 3,000 square feet at Los Angeles Union Station, according to 2026 reporting, though no firm public opening date had been announced. A Union Station restaurant would place Roscoe’s inside one of Southern California’s most important transportation landmarks as Los Angeles prepares for the 2028 Olympic and Paralympic Games.

This means Roscoe’s is not simply disappearing. It is contracting in some places, repositioning itself in others and attempting to carry a famous name into a new era.

But survival is not the same as renewal.

Roscoe’s still possesses something most restaurants could never purchase: a half-century of cultural memory. It helped popularize chicken and waffles across the country. It provided a gathering place for generations of Angelenos. It became one of the most recognizable Black-founded restaurant brands in America.

That history deserves recognition—but it should not shield the company from scrutiny.

To retain the loyalty of the community that built it, Roscoe’s needs greater clarity about its ownership and leadership, fair treatment of its workers, consistent food and service, and a more thoughtful relationship with longtime customers. Nostalgia can bring people back once. Trust is what keeps them returning.

Roscoe’s remains an L.A. institution. The question now is whether the company managing that institution understands the responsibility that comes with the name.

Editor’s note: This article distinguishes court findings from allegations. Claims in the 2024 labor complaint remain allegations unless proven in court or resolved through an acknowledged settlement. Publicly available reporting does not conclusively establish that the entire Roscoe’s chain was sold or ceased to be Black-owned.