DoD Banned Book Lawsuit, What Military Families Are Missing Out On (And Why It Matters)
A federal judge has ordered the Department of Defense to return nearly 600 banned books to military school libraries, marking a major victory in the ongoing DoD banned book lawsuit. This groundbreaking First Amendment case affects over 67,000 students at military installations worldwide—and what’s at stake goes far beyond library shelves.
The Shocking Reality Behind the DoD Banned Book Lawsuit
In January 2025, President Trump signed three executive orders that led to systematic book removals from Department of Defense Education Activity (DoDEA) schools. What followed was unprecedented.
The Trump administration removed 596 books from DoDEA school libraries, affecting children of military personnel stationed in Virginia, Kentucky, Italy, Japan, and seven other locations across the globe.
What Books Were Actually Banned?
The list includes Julian Is a Mermaid, Heartstopper, A Is for Activist, and Between the World and Me. But it doesn’t stop there.
Here’s what military families lost access to:
- Classic literature like To Kill a Mockingbird
- AP Psychology exam preparation guides
- Vice President JD Vance’s memoir “Hillbilly Elegy”
- Children’s books by actress Julianne Moore
- Books about Black leaders and historical figures
The majority of removed books relate to LGBTQ+ themes, Black and brown histories, and inclusive educational content.
The Legal Battle: Students Fight Back
In April 2025, the ACLU filed a lawsuit on behalf of 12 students from six military families. These students, ranging from pre-kindergarten to 11th grade, attend DoDEA schools in multiple countries.
The Constitutional Issue at Heart
The lawsuit argues that book removals and curricular changes violate students’ First Amendment right to receive information.
But there’s more. The DoDEA discouraged students from protesting censorship and disciplined some student demonstrators, creating a chilling effect on constitutionally protected speech.
The Landmark Court Decision
U.S. District Court Judge Patricia Tolliver Giles ruled that the removals were not rooted in pedagogical concerns but rather showed improper partisan motivation underlying defendants’ actions.
The judge didn’t mince words. She ordered the Pentagon to immediately restore library books and curricular materials removed since January 19 and barred further removals.
Why This DoD Banned Book Lawsuit Matters Beyond Military Bases
Legal experts warn this isn’t just about military schools.
DoDEA schools are where the Trump administration’s censorship agenda was first unleashed, according to EveryLibrary. The concern? These policies could sweep across all American public schools.
The First Amendment Precedent
This case builds on decades of constitutional law. The landmark 1982 Supreme Court case Board of Education v. Pico held that school boards cannot remove books from libraries simply because they dislike the ideas contained in them.
The Supreme Court ruled that removing books from a school library is a violation of the First Amendment if it’s an attempt to suppress ideas.
Key legal principle: Justice Brennan declared that local school boards may not remove books from school library shelves simply because they dislike the ideas and seek to prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.
What Military Families Lost During the Ban
The impact went beyond missing books.
The Department of Defense issued guidance declaring identity months “dead” at the agency, barring official resources for Black History Month, Women’s History Month, and National Hispanic Heritage Month.
Schools responded dramatically:
- Two elementary schools cancelled Black History Month events
- Teachers at a middle school were told to remove posters of education activist Malala Yousafzai and painter Frida Kahlo
- One school cancelled Holocaust Remembrance Day
Schools released guidance for yearbooks prohibiting students from using them to promote “gender ideology” or “social transition”.
The Government’s Defense Fell Apart
The Trump administration argued the list couldn’t be released because it was “pre-decisional” since officials were still deciding the final fate of the books.
Judge Giles rejected this argument. She reaffirmed her order and released the full list of all 596 banned titles.
The Justice Department tried another approach. They argued that government speech is immune from First Amendment scrutiny because the government can select the message it wishes to convey.
This didn’t work either.
What Happens Next in the DoD Banned Book Lawsuit
The preliminary injunction only applies to the five schools attended by children involved in the lawsuit. But the implications reach much further.
This ruling serves as useful precedent for restoring and protecting students’ freedom to read in schools run for military families.
Current Status
- The lawsuit is ongoing in the U.S. District Court for the Eastern District of Virginia
- Books must be returned to affected schools immediately
- The Pentagon cannot make further removals while litigation continues
- Over 10,000 people have signed petitions demanding Congress act to stop DoDEA censorship
Understanding Your Rights: What Parents Need to Know
If your child attends a DoDEA school, here’s what matters:
Students’ Constitutional Rights:
- First Amendment protects the right to receive information
- Schools cannot remove materials based solely on ideological disagreement
- Students can access diverse ideas and perspectives
What Courts Have Consistently Ruled:
- The First Amendment protects students’ right to receive information
- School boards may not remove books simply because they dislike ideas contained in them
- Partisan or political motivations for book removal are unconstitutional
Related Legal Issues You Should Know About
Understanding this case helps clarify broader constitutional questions:
- What judges look for in child custody cases often includes protecting children’s rights
- Questions to ask a custody lawyer during consultation can help parents navigate complex legal situations
- LGBT divorce attorneys understand how discrimination affects families
Frequently Asked Questions About the DoD Banned Book Lawsuit
How many books were banned from DoDEA schools?
The Department of Defense removed 596 books from military school libraries. The list was disclosed under federal court order.
Who filed the DoD banned book lawsuit?
The ACLU, ACLU of Kentucky, and ACLU of Virginia filed the lawsuit on behalf of 12 students from six military families in April 2025.
What did the judge rule in the book ban case?
Judge Patricia Tolliver Giles ruled that the book removals violated students’ First Amendment rights and ordered the Pentagon to immediately restore removed materials.
Are the books back in all DoDEA schools?
Currently, books must be returned only to the five schools attended by plaintiffs in the lawsuit. The ruling’s scope may expand as litigation continues.
What types of books were removed from military schools?
Books removed included those about LGBTQ+ identities, Black and brown histories, inclusive education, and materials accused of promoting “gender ideology” or “divisive equity ideology”.
Can school boards legally ban books?
The Supreme Court ruled in Board of Education v. Pico that school boards have broad discretion but cannot remove books simply because they dislike the ideas contained in them.
What executive orders led to the book removals?
President Trump signed three executive orders in January 2025: EO 14168 on “gender ideology extremism,” EO 14185 on “America’s fighting force,” and EO 14190 on “radical indoctrination in K-12 schooling”.
The Broader Impact on Education and Free Speech
This lawsuit represents something bigger than book access.
The ACLU noted that kids on military bases have the same First Amendment rights that we all enjoy and that their parents swore an oath to defend.
It’s a powerful reminder that military families sacrifice enough without losing their children’s constitutional rights.
The censorship taking place in DoDEA schools was astonishing in its scope and scale, according to ACLU senior staff attorney Emerson Sykes.
Legal Disclaimer: This article provides educational information about the DoD banned book lawsuit and First Amendment law. It does not constitute legal advice. For specific concerns about your child’s education or constitutional rights, consult with a qualified attorney familiar with education law and First Amendment issues.
Last Updated: October 2025
About the Case: E.K. v. Department of Defense Education Activity, filed in the U.S. District Court for the Eastern District of Virginia
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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