The authors of a beloved children’s book about gay penguin parents, And Tango Makes Three, are suing a Florida school board as well as members of the Florida Board of Education. One of the arguments is that the book, based on a true story, is implied to be obscene by the fact that it’s banned.

The lawsuit was filed Tuesday, by Justin Richardson and Peter Parnell, the two authors of And Tango Makes Three, along with six children who wish to read the book and their parents. It challenges Florida’s Parental Rights in Education Law, also known as the “Don’t Say Gay” law. The law bans education on sexual orientation and gender identity through the third grade. Many Florida school districts ban students up to that grade from checking out books with LGBTQ themes from school libraries.

The suit alleges is that the law in question is “vague and overbroad,” thus running afoul of the First Amendment. Lawyers for the plaintiffs argue that removing And Tango Makes Three from public school libraries was illegitimate because the libraries do not follow a specific curriculum.

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“Books in school libraries are, by nature, optional reading. Even if library shelves constituted curriculum, Lake County had no legitimate pedagogical purpose for barring students’ access to Tango,” the lawsuit reads.

And Tango Makes Three tells the true story of Roy and Silo, male penguins at the Central Park Zoo in New York City. The penguins were seen performing mating rituals, and had even attempted to hatch a rock. Zookeepers gave the penguins an egg from a different pair of penguins who were unable to hatch it. With Roy and Silo’s help, the egg hatched into a female penguin chick, Tango.

The suit says that the book “contains no obscenity or vulgarity; and it is factually accurate,” and thus it’s appropriate for schoolchildren in the 4- to 8-year-old age range suggested by the publisher. By keeping it out of the hands of children, the school district is violating the First Amendment rights of the authors based on their viewpoint, the suit says.

“By censoring Tango and barring students below the fourth grade from accessing the book in Lake County public school libraries, Defendants have stripped the Authors’ book of an essential aspect of its communicative value. They have also injured the reputation of the Authors and Tango by implicitly and falsely suggesting that the book contains obscene, vulgar, sexual, or age-inappropriate material that deserved to be banned—contrary to the wholesome, positive and family-friendly content of the book—and have thereby deprived the Authors of more of their target audience and speech rights,” the suit continues.

The students are part of the suit because their “right to receive information” has also been infringed, lawyers argue. The six children, identified only by their initials, all wanted to check out the book from their library at the beginning of the school year, but are prohibited by the law. They would check it out, the suit says, if it were available.

Ironically, this is not the only penguin-related lawsuit over the “Don’t Say Gay” bill. In May, the publisher Penguin Random House—no relation to And Tango Makes Three—sued Florida’s Escambia County School District in Pensacola for removing books “based on ideological objections to their contents or disagreement with their messages or themes.”

The North Dakota House of Representatives has introduced a bill that would strictly prohibit expanded use of pronouns outside of the gender that the person was assigned at birth.

House Bill 2199 restricts the definition of gender to the “individual’s determined sex at birth” and then requires that all pronoun use be reflective of that same gender. Any violation by anyone who works at an institution that receives state funding, including public schools would be subject to a $1,500 fine.

If gender is challenged, the bill puts the responsibility on the individual to prove their gender.

“Say, they’re a boy, but they come to school and say they’re a girl. As far as that school is concerned in this bill, that person is still a boy. If it becomes contested, the burden will be on the girl, the so-called girl, or the boy, to prove that he is a girl,” said North Dakota State Senator David Clemens while speaking in favor of the bill.

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The bill’s sponsor was the only testimony given in support of the bill, as nearly 100 separate forms of testimony was provided against the bill. Even the state’s Senate Judiciary Committee voted to not pass the proposed bill.

“I see no way this law would pass any sort of legal challenge based on basic legal construction principles,” North Dakota Human Rights’ Christina Sambor said in an interview with KFYR-TV of Bismarck. “It is vague, fails to advance any legitimate state interests, and not only would cause impermissible, gender-based discrimination, its very purpose is gender-based discrimination.”

The bill now moves to the Senate floor.

Donald Trump bristled at moving his comeback rally in Tulsa due to a scheduling conflict with Juneteenth.

The former president had scheduled his first rally since the start of the COVID-19 pandemic for June 19, 2020, but he was notified — by a Black Secret Service agent, he says — of the date’s historical significance and the extra weight it carried in the days following the Minneapolis police murder of George Floyd, according to excerpts from a new book published by The Hill.

Can you imagine “changing the day of the rally in Oklahoma to accommodate these people?” Trump groused, according to New Jersey Gov. Phil Murphy. “Have you ever heard of such a ridiculous thing?”

Murphy and his wife had joined Trump for dinner at his golf club in Bedminster, where the former president told the couple that he was looking forward to packing the arena to show off his electoral strength, but he ultimately agreed to reschedule for a day later — and then claimed credit for popularizing the day marking the end of slavery in the U.S.

“I did something good,” Trump said. “I made Juneteenth very famous. It’s actually an important event, an important time. But nobody had ever heard of it.”

The rally ultimately drew a much smaller crowd than had been expected, with at least a third of the seats empty at BOK Center, and a spokesman for his campaign later blamed the paltry attendance on “radical protesters.”

Meanwhile, Trump is scheduled to speak tonight at a rally at 9pm ET tonight in support of embattled Nebraska Gubernatorial candidate Charles Herbster.

After Herbster, a businessman endorsed by former President Donald Trump, was accused of sexually assaulting eight women, including a state senator, Republicans throughout the state washed their hands of him, and sitting Republican Gov. Pete Ricketts told him to end his campaign and “get help.”

But according to POLITICO on Thursday, Trump himself is still all in on Herbster’s candidacy.

“Trump did not withdraw his support for Herbster, or scrap plans to hold a Friday evening rally for the candidate in Nebraska. Instead, he doubled down: The former president relayed word that Herbster wasn’t fighting back hard enough, backing plans for Herbster to hold a press conference aggressively denying the allegations and pushing back at his adversaries,” reported Alex Isenstadt.