A county in Tennessee is facing a lawsuit accusing them of banning books without even reading them and instead relying on the far-right group Moms for Liberty’s book rating system.

The American Civil Liberties Union (ACLU) and attorney Kerry Knox, on behalf of three families in Rutherford County, Tennessee, and PEN America, filed a lawsuit against the Rutherford County Board of Education this Wednesday. The lawsuit is challenging a book ban imposed by the Board of Education, in which books with themes of racism and LGBTQ+ visibility are being removed from school libraries.

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The plaintiffs in this case are three families, who wish to remain anonymous, of two freshmen and a senior who will attend a Rutherford County school next year. Joining in on the lawsuit is PEN America, a nonprofit freedom of expression advocacy group for writers. Thirty-two writers in the organization have seen 53 of their books included in the ban.

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More than 145 books have been removed from school libraries in the district. The Board of Education began banning material in early 2024 through informal requests by school board members initially, without any public discussion or input from members of the board, according to the ACLU’s lawsuit.

Concerningly, the lawsuit claims that the board had indicated that, rather than reading any of the material they were suppressing, they relied on a rating system created by individuals with ties to the far-right group Moms for Liberty. Through this system, books are classified as inappropriate material if they include LGBTQ+ characters, racial, social, or religious commentary, profanity, and written depictions of nudity.

Books that have been named as part of this ban include Wicked, Beloved, and Perks of Being a Wallflower.

The ACLU is claiming that by removing these books, they are committing a violation of their students’ First Amendment rights by restricting their ability to access information and ideas.

Legal Director Stella Yarbrough of the ACLU-TN describes how these book bans serve as an injustice to our country’s democracy.

“The First Amendment is a crucial pillar of our country’s democracy,” she said. “A vocal minority of people are attempting to speak for Rutherford County parents by banning books – particularly those that address LGBTQ+ rights, race and racism – as part of a coordinated attack on inclusive education. As these baseless bans continued to escalate, we had no choice but to go to court to defend authors’ free speech and students’ freedom to learn.”

PEN America Deputy CEO and Chief Legal Officer Eileen Hereshnov believes these book bans could have damaging impacts on future generations. 

“PEN America is fighting for the rights of our author members who are under heightened pressure from forces trying to throttle literary voices they don’t like. Banning these writers’ books is unlawful and denies students the rich education they have the right to. If this censorship is allowed to stand, generations to come will be robbed of both the joy of reading great stories and the information they need to become engaged citizens of a diverse, dynamic, and pluralistic democracy,” said Hereshnov.

Kerry Knox serves as co-counsel on this case for the plaintiffs and echoes a similar statement

“Book bans are a clear violation of the First Amendment, effectively gagging authors and denying students the opportunity to read, debate, and learn from crucial, acclaimed, and historical works,” said Knox. “Denying Tennessee students access to the same materials as their peers puts them at a significant disadvantage as they develop into future community leaders.”

The ACLU in Virginia and Kentucky recently filed a similar lawsuit against the Department of Defense Education Activity (DoDEA) on behalf of students attending Pentagon academies for removing books from their libraries with themes of diversity.

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