A federal appeals court in New Orleans is set to reevaluate its decision regarding banned books in Llano County, Texas. In April 2022, Llano County officials faced a lawsuit from seven library patrons after removing 17 controversial books. The dispute centers on the county's authority to curate library collections, which officials argue is a protected form of government speech. 

Legal Developments in Book Ban Case

The patrons claimed in the 2022 lawsuit that the removals amount to discrimination based on viewpoint and censorship. The complaint emphasized that targeting books because one disagrees with their content jeopardizes the freedoms of all individuals and that public libraries should not be used as venues for governmental censorship or indoctrination.

In 2023, U.S. District Judge Robert Pitman issued an order to return the books, which included titles on gender identity, sex education, and racism, after ruling in favor of the patrons. Despite this ruling, county officials temporarily kept some books off shelves pending their appeal, prompting ongoing legal scrutiny.

The case escalated to the 5th U.S. Circuit Court of Appeals, where a panel initially ordered eight books back on shelves but allowed nine others to remain off. Llano County officials successfully petitioned for a rehearing before the full court, which overturned this ruling. A date for the rehearing has not yet been determined, and the majority of the court did not provide any explicit justifications.

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Judges' Views and Dissent in Llano County Case

Judge Pitman's ruling highlighted officials' bias against the books' content, asserting they were driven by "antipathy to the ideas in the banned books." His decision was largely upheld by Judge Jacques Wiener, who emphasized that the removal was motivated by disagreement with the books' messages. Judge Wiener highlighted that government employees are not permitted to remove books from public libraries to restrict access to concepts they find offensive.

Judge Leslie Southwick agreed with the general stance but suggested some removals might stand after further legal scrutiny, especially those involving less serious subjects. He maintained that these books were taken down not because of their political views but because of their childish humor.

In dissent, Judge Stuart Kyle Duncan criticized his colleagues' interference in local library governance, arguing against federal court overreach. Another conservative judge.

The decision to grant a rehearing marks a legal victory for Llano County, which contested errors in the initial appellate decision, including misstatements about the books' shelf status during the appeals process.

Texas's HB 900 and Battle Over Book Ratings

The case underscores broader debates over free speech, censorship, and local government autonomy in public institutions like libraries, with implications across the 5th Circuit's Mississippi, Louisiana, and Texas jurisdictions.

The controversial HB 900 in Texas has sparked significant legal battles, particularly concerning its requirement for booksellers to rate books on sexual content to engage with public schools. In January, a three-judge panel of the Fifth Circuit U.S. Court of Appeals upheld a district court's decision blocking key parts of the law. However, subsequent developments have kept advocates for freedom to read on edge.

On April 16, the Fifth Circuit rejected Texas's request for a full-court rehearing, maintaining Judge Alan D. Albright's ruling. The narrow nine-to-eight vote underscored the contentious nature of the case, with five judges filing a dissent indicating a potential overturn of Albright's decision. Despite these rulings, the future of HB 900 remains uncertain.

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