WaPo fearmongers about 'felony charges' for teachers under DeSantis' rules, later clarifies report

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The Washington Post issued a clarification on its Tuesday report on Gov. Ron DeSantis’, R-Fla., education bill, implying that teachers can face felony charges for displaying unapproved titles at school libraries under the new law.

The article titled, "Hide your books to avoid felony charges, Fla. schools tell teachers," originally highlighted concerns from teachers about the impact of DeSantis’ K-12 education bill that requires transparency regarding reading materials available to students. For materials that violate the law’s definition of "adequate instructional materials," reporter Hannah Natanson warned that the penalty could rise to the level of a felony.

"Breaking the law is a third-degree felony, meaning that a teacher could face up to five years in prison and a $5,000 fine for displaying or giving students a disallowed book," Natanson wrote.

However, a later clarification on the story noted that this penalty does not come from DeSantis’ new law but a pre-existing law prohibiting the distribution of pornography to minors.

DeSantis on Tuesday, Jan. 31, 2023, announced plans to block state colleges from having programs on diversity, equity and inclusion, and critical race theory. (AP Photo/Marta Lavandier, File)

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The following was later added to the story, "The new law comes atop an older one that makes distributing ‘harmful materials’ to minors, including obscene and pornographic materials, a third-degree felony — meaning that a teacher could face up to five years in prison and a $5,000 fine for displaying or giving students a disallowed book, a spokeswoman from the Florida Department of Education said Tuesday." 

A clarification was also added at the bottom of the article reading "After this story was published, a Florida Department of Education spokeswoman responded to questions, sharing some details about which violations would incur which penalties. Those details have been added."

Although the felony charge primarily surrounds the distribution of pornographic material to children, Natanson continued to highlight teacher and superintendent concerns over vetting book titles and criminal threats. 

"Still, because of uncertainties around enforcement and around what titles might become outlawed, school officials have warned teachers that their classroom libraries may expose them to the stiffest punishments," Natanson wrote.

Florida Gov. Ron DeSantis speaks during a news conference at Bill Baggs Cape Florida State Park, Thursday, Dec. 1, 2022, on Key Biscayne, Fla.  (AP Photo/Lynne Sladky)

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She also reported on two Florida Superintendents who worried that any violation of the new law could lead to a felony charge.

"When one teacher emailed Manatee Superintendent Cynthia Saunders with questions and concerns about the directive, Saunders replied that violating the state law on book collection could lead to ‘a felony of the third degree,’ according to a copy of the superintendent’s email obtained by The Post," Natanson wrote. "Manatee Education Association President Pat Barber said in an interview that she has received many confused and concerned questions from teacher members about the district’s new policy on classroom libraries. She said educators are ‘distressed’ by the idea of possibly receiving a third-degree felony conviction for providing books to children."

Florida Dept. of Education communications director Alex Lanfranconi responded to Fox News Digital for a comment condemning the Washington Post article as well as other activists claiming that teachers are at risk of felony charges over "disallowed books."

Florida Gov. Ron DeSantis addresses a joint session of a legislative session, Tuesday, Jan. 11, 2022, in Tallahassee, Fla.  (AP Photo/Phelan M. Ebenhack)

"Teachers’ unions and media activists at the Washington Post and other outlets are pretending to be confused about the penalties for violating HB 1467, spreading lies and causing fear in classrooms. The most egregious lie they tell is that teachers can face a felony simply for providing a ‘disallowed book’ to a student. This is blatantly untrue. To be clear, any adult, not just a teacher, who knowingly provides a minor with pornographic or sexually explicit material could be prosecuted for a third-degree felony. This law is not new nor is it specific to educators," Lanfranconi said.

He added, "Ironically, The Washington Post cites ‘uncertainties around enforcement’ as a basis to their false reporting on classroom libraries, yet intentionally contributes to the uncertainty themselves."    

DeSantis' press secretary Bryan Griffin also responded to claims about the law in an extensive Twitter thread. He called out a specific claim that showed a barren bookshelf in school was due to the new law. 

"This is the latest lie from the crowd who believes they should be able to subject children to their preferred political agenda in public schools without any accountability to parents or the taxpayer," Griffin tweeted. 

He also specifically referred to the Washington Post report in a separate tweet.

"The felony charges referenced in this lie are penalties for the distribution of pornographic material to a minor by an adult - a crime that has been on the books for some time. And rightly so," he wrote and listed the specific statute.

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The law provides new training for "school librarians, media specialists and other personnel involved in the selection of school district library materials" which began this year.