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

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Last Updated on September 23, 2025 by Daily News Staff

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Some school librarians in Florida have found themselves in the midst of controversy over complaints of “obscene” titles in their libraries.
Trish233/iStock via Getty Images

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

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

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Forgotten Genius Fridays

Alexander Miles: The Black Inventor Who Helped Make Elevators Safer

In 1887, Black inventor Alexander Miles patented an improved mechanism for operating elevator car and shaft doors, helping make elevator travel safer and more convenient.

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Discover how Black inventor Alexander Miles improved elevator-door safety with his groundbreaking 1887 patented mechanism.

Elevators transformed American cities, allowing buildings to rise higher and making upper floors more accessible. But early elevator travel carried a serious danger: doors had to be opened and closed manually, and an elevator shaft could remain exposed if someone failed to secure it properly.

Alexander Miles, a Black inventor, barber and businessman, developed an innovative solution. His patented mechanism helped elevators operate their car and shaft doors automatically, making elevator travel safer and more convenient.

The danger of early elevators

By the late 19th century, elevators were appearing in hotels, offices and other multistory buildings. Although they made vertical travel easier, many depended on operators or passengers to close the doors manually.

A carelessly opened shaft door could expose an empty elevator shaft. Miles recognized that elevator safety could not always depend on someone remembering to close every door.

He designed a system that connected the movement of the elevator car with the operation of its doors.

Alexander Miles’ elevator innovation

On October 11, 1887, Miles received U.S. Patent No. 371,207 for what he described as “new and useful improvements in elevators.”

His design addressed two related problems. It provided a way to close shaft openings above and below the elevator car, and it allowed the movement of the car to help open and close the elevator doors at the appropriate floor.

Miles’s mechanism used a flexible belt attached to the elevator car, along with drums positioned at the top and bottom of the shaft. A system of levers, rollers and specially designed grooves helped control the car and shaft doors as the elevator moved.

The goal was straightforward but potentially lifesaving: prevent elevator-shaft openings from being left unprotected because of human negligence.

Did Alexander Miles invent the elevator door?

Alexander Miles is sometimes described as the inventor of the automatic elevator door. The complete history is more complicated.

John W. Meaker received a patent for an earlier automatic elevator-door mechanism in 1874, approximately 13 years before Miles received his patent. Therefore, Miles should not be credited with inventing the first automatic elevator door.

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What Miles did was develop and patent his own important improvement to the way elevator car and shaft doors operated. His design advanced the effort to make elevators safer, more reliable and easier to use.

Recognizing that distinction does not diminish his accomplishment. Invention is often a continuing process in which engineers and innovators improve existing technology. Miles contributed a valuable new solution to a dangerous problem.

More than an inventor

Born in 1838, Alexander Miles built a successful life during an era when Black Americans faced severe restrictions on economic opportunity.

Miles worked as a barber before establishing himself in Duluth, Minnesota. He operated a barbershop in the city’s St. Louis Hotel and invested in real estate. He also became the first Black member of the Duluth Chamber of Commerce.

His achievements extended beyond mechanical invention. In Chicago, Miles later established the United Brotherhood, an organization intended to provide life insurance to Black Americans who were frequently denied coverage by established insurance companies.

That part of his story demonstrates the larger scope of his work. Miles was not only interested in solving mechanical problems. He also attempted to create economic security and opportunity for members of his community.

A lasting contribution to elevator safety

Modern elevators use far more sophisticated electrical controls, sensors and computerized safety systems than those available during Miles’s lifetime. His exact mechanism is not the system operating inside every elevator today.

However, the safety principle behind his work remains essential: an elevator should coordinate the movement of the car with the opening and closing of its doors, while preventing passengers from entering an unprotected shaft.

In recognition of his contribution, Alexander Miles was inducted into the National Inventors Hall of Fame in 2007.

Remembering Alexander Miles accurately

Alexander Miles did not invent the elevator, and he was not the first person to patent an automatic elevator-door system. He was a creative Black inventor who recognized a serious safety hazard and developed a patented method for addressing it.

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Everyday technologies are rarely the work of only one person. They develop through generations of experimentation, refinement and improvement. Miles deserves recognition as one of the innovators who helped move elevator technology toward the safer automatic operation passengers now expect.

His work is another reminder that Black inventors helped build and improve many of the technologies that shaped modern American life.

Forgotten Genius Friday celebrates the Black inventors, scientists and innovators whose ideas helped shape the world—even when their names were left out of the history books.

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The Knowledge

When Did Water Vending Machines Become a Thing?

When did water vending machines appear in America? Explore their history from a 1908 penny water vendor to the refill machines of the 1970s and 1980s.

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When did water vending machines appear in America? Explore their history from a 1908 penny water vendor to the refill machines of the 1970s and 1980s.
Image Credit: Adobe Firefly

You’ve probably seen them hundreds of times.

They sit outside supermarkets, convenience stores and shopping centers—or sometimes stand alone in small roadside kiosks. You bring an empty bottle, usually one, three or five gallons, put in some money, push a button and watch purified water pour into your container.

For many people in California, Arizona and other parts of the American West, water vending machines seem like they’ve simply always been there.

But when did we actually start buying water this way?

The answer takes us back more than a century, although the machines we recognize today didn’t really arrive until the 1970s.

The Water Vending Machine’s Surprising Ancestor

The story begins in Boston in 1908 with a man named Lawrence Luellen.

Luellen was working on something that sounds surprisingly modern: a machine that would allow someone to pay a penny and receive a clean drink of water in an individual disposable cup.

At the time, public drinking water was often consumed from a communal cup or metal dipper—a practice that increasingly worried public-health officials because of the potential spread of disease.

Luellen developed a paper drinking cup along with what became known as the Luellen Cup & Water Vendor. The porcelain machine contained water, ice, disposable cups and a place for discarded cups.

For one penny, a customer could get a drink of cold water in a fresh cup.

Historical records at Lafayette College’s Hugh Moore Dixie Cup Company Collection show that Luellen completed work on the vending apparatus in early 1908. His company, the American Water Supply Company of New England, was incorporated on April 4 of that year.

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There was just one problem.

The complete water machine was expensive to manufacture.

The company eventually concentrated on selling the disposable cups and cup dispensers instead. Those cups ultimately evolved into one of America’s most recognizable household products—the Dixie Cup.

So although Luellen’s machine wasn’t the five-gallon refill station we know today, the basic idea was already there:

Put money into a machine and receive drinking water.

The Modern Water Vending Machine Arrives

The next major chapter didn’t occur until roughly 65 years later.

According to histories of the water-vending industry, the first practical machines designed to sell purified water in bulk appeared during the mid-1970s.

These were fundamentally different from Luellen’s machine.

Instead of giving customers a cup of water, the new machines treated water—typically municipal tap water—and allowed customers to fill their own reusable containers.

And we have unusually strong evidence that these machines were operating by 1976.

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On July 26, 1976, the U.S. Environmental Protection Agency issued a memorandum specifically addressing the regulatory status of water vending machines.

The EPA described machines that filtered and disinfected water with ultraviolet light and then dispensed the treated water into a customer’s own container using a coin-operated mechanism.

In other words, by the summer of 1976, the basic water-refill machine many of us recognize today was already operating in the United States.

Why the 1970s?

The timing wasn’t accidental.

Americans had become increasingly concerned about pollution and drinking-water quality during the 1960s and 1970s.

Congress passed the Safe Drinking Water Act in 1974, establishing a federal framework for protecting public drinking-water supplies. National drinking-water regulations followed during the decade.

Meanwhile, technologies such as filtration, activated carbon treatment, ultraviolet disinfection and eventually reverse osmosis made it practical to build relatively compact systems capable of treating municipal water at the point where it was sold.

The result was a new business opportunity:

Instead of transporting thousands of bottles of water to a store, a vending company could connect a machine to the local water supply, purify that water on site and sell it by the gallon.

Customers supplied the bottle.

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California Helps Turn It Into a Business

California became one of the industry’s most important early markets.

One company that would eventually become a major player was founded by Robert G. Miller.

In 1983, Miller established Bottle Water Vending Inc., the predecessor of Glacier Water Services.

The company manufactured water vending machines and placed many of them outside supermarkets. Customers brought their own containers, while participating stores often sold reusable plastic jugs nearby.

The machines treated municipal water using combinations of filtration, reverse osmosis, carbon treatment and ultraviolet sterilization.

The idea caught on quickly.

In 1984, the company expanded from California into Arizona.

Nevada followed in 1986.

By 1987, the company reportedly had nearly 900 water vending machines operating.

Texas and Florida followed in 1988.

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The familiar supermarket water-refill station was becoming a significant business.

Then Came the Drive-Up Water Kiosk

Another variation appeared at almost exactly the same time.

In 1984, Lani and Don Dolifka developed what became Watermill Express in Colorado.

Their idea was an automated stand-alone purification kiosk capable of taking municipal water, processing it through multiple purification stages and selling the finished drinking water directly to customers.

Instead of walking into a supermarket, customers could pull up to the kiosk with their bottles.

Later Watermill Express systems were designed to accommodate reusable containers ranging from one to five gallons, using treatment processes including sediment filtration, activated carbon, reverse osmosis, ultraviolet disinfection and ozone treatment.

That basic concept remains familiar today.

Why Five-Gallon Bottles?

The five-gallon container was already well established through traditional bottled-water delivery services.

But refill vending changed the economics.

Instead of purchasing another filled bottle—or waiting for a delivery—a customer could keep the same container and refill it repeatedly.

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That eliminated much of the packaging and transportation involved with conventional bottled water.

It also made purified drinking water relatively inexpensive.

Bring the jug.

Buy the water.

Take the same jug home.

Bring it back when it’s empty.

More than four decades later, that’s still essentially how the system works.

So Who Invented the Modern Water Vending Machine?

That’s where the story gets complicated.

There doesn’t appear to be a single universally recognized inventor of the modern bulk purified-water vending machine.

Lawrence Luellen developed an important early coin-operated water vending concept in 1908, but his machine dispensed an individual drink and disposable cup—not gallons of purified water into a customer’s reusable bottle.

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The modern bulk-water machine emerged much later, apparently during the mid-1970s, as water-treatment technology and consumer concern about drinking-water quality converged.

By 1976, the EPA was already dealing with the regulatory implications of machines that treated municipal water and sold it through coin-operated dispensers into customers’ own containers.

Entrepreneurs and companies then refined and expanded the idea during the 1980s.

From a Penny Cup to Five Gallons at a Time

The evolution is remarkable.

1908: Put in a penny and receive a cup of cold water.

Mid-1970s: Machines begin treating municipal water and selling purified water in bulk.

1976: The EPA documents coin-operated machines dispensing treated water into customers’ containers.

1983: Bottle Water Vending, the predecessor of Glacier Water Services, begins operations in California.

1984: Glacier’s predecessor expands into Arizona, while Watermill Express develops its automated purification kiosk in Colorado.

Late 1980s and beyond: Water refill machines become increasingly familiar outside supermarkets and at stand-alone locations throughout the United States.

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Today, paying a few coins—or tapping a card—and filling a five-gallon jug might seem thoroughly ordinary.

But the machine sitting outside your neighborhood supermarket represents more than a century of evolution in how Americans buy something that once seemed almost unimaginable to sell from a vending machine:

a drink of water.

Sources and Further Reading

U.S. EPA — Status of Water Vending Machines Under Public Law 93-523

Lafayette College — Hugh Moore Dixie Cup Company Collection

U.S. EPA — Safe Water Research Milestones

Glacier Water Services Company History

World Vision — History of Watermill Express

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High Speed Rail

Brightline West Construction Advances, But Opening Timeline Shifts Beyond the 2028 Olympics

Construction continues to expand along Interstate 15 as Brightline West moves closer to connecting Southern California and Las Vegas with 200 mph electric trains, though the opening timeline has shifted to late 2029.

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Construction continues to expand along Interstate 15 as Brightline West moves closer to connecting Southern California and Las Vegas with 200 mph electric trains, though the opening timeline has shifted to late 2029.
Image Credit: Brightline West

The vision of traveling between Southern California and Las Vegas in about two hours by high-speed rail is steadily becoming more tangible as Brightline West expands construction activity along the Interstate 15 corridor.

Since construction officially began in 2025, work has continued to ramp up in both California and Nevada. Motorists traveling I-15 may have noticed increased construction activity, survey crews, utility work, and periodic lane closures as the project moves from planning into full-scale development.

Construction Is Becoming More Visible

Brightline West’s 218-mile all-electric high-speed rail line will connect Rancho Cucamonga, California, with Las Vegas, Nevada, using the median of Interstate 15 for much of the route.

Current work includes:

  • Utility relocation
  • Geotechnical investigations
  • Site preparation
  • Early civil construction
  • Continued work around future station locations

As construction progresses, travelers should expect additional traffic impacts along portions of I-15 while crews prepare for bridges, guideways, track installation, and station construction.

A New Timeline

One of the biggest developments since construction began is a revised completion schedule.

While Brightline West was once expected to open before the 2028 Los Angeles Olympic Games, current projections now place passenger service in late 2029.

Large infrastructure projects frequently experience schedule adjustments due to inflation, labor availability, permitting, and supply chain challenges. Although the delay means Olympic visitors are unlikely to ride the line, construction continues to move forward.

Four Passenger Stations Planned

The line will include stations at:

  • Las Vegas
  • Apple Valley
  • Hesperia
  • Rancho Cucamonga

Passengers traveling from Los Angeles will transfer to Brightline West using Metrolink at Rancho Cucamonga, creating an important connection between Southern California’s commuter rail network and the new high-speed line.

Fast, Electric Travel

When complete, Brightline West trains are expected to operate at speeds approaching 200 mph, reducing travel time between Rancho Cucamonga and Las Vegas to approximately 2 hours and 10 minutes.

The fully electric trains are being manufactured by Siemens and are designed to offer a comfortable alternative to one of America’s busiest highway corridors.

Looking Ahead

The next major milestones will likely include visible bridge construction, elevated guideways, station buildings, track installation, electrical systems, and eventually testing of the first trainsets.

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While passengers will have to wait a bit longer than originally hoped, Brightline West remains one of the most ambitious passenger rail projects currently under construction in the United States.

For Southern California, it represents more than a faster trip to Las Vegas—it could signal the beginning of a new era for high-speed passenger rail in the American West.

Have you driven the I-15 corridor recently? Have you seen any Brightline West construction? Share your observations in the comments below, and subscribe to the STM Daily News newsletter for more transportation and infrastructure updates.

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