A Texas county wants to remove 17 books from its library shelves. The books cover topics from humour to sex, gender identity, and racism. On Tuesday, 18 federal appeals court judges reviewed the case to determine whether the rights of patrons or county officials were at stake. Library patrons sued the Llano County library system and county officials in 2022 after the books were pulled. In 2023, a federal district judge in Texas ordered the books to be returned. However, a split decision by three judges of the 5th U.S. Circuit Court of Appeals left the fate of the book unclear. One judge said all 17 books should remain, another said only eight, and the third suggested the county should decide. Ultimately, eight books stayed on the shelves, but the full court decided to rehear the case. The arguments were presented to the 17 full-time judges of the 5th Circuit, plus Jacques Wiener, a senior judge from the original panel. The court has yet to make a final ruling.
Judges questioned attorneys from both sides. Attorneys supporting the county argued that government officials’ decisions in curating library books are protected as government speech. Judge Leslie Southwick expressed concern that calling the library’s actions government speech could suppress unfavourable ideas. Judge Stuart Kyle Duncan was more sympathetic to the county, noting libraries’ guidelines for “weeding” books based on factors like age, condition, and potentially outdated or racist subject matter. Duncan questioned whether removing an overtly racist books by David Duke or “The Cat in the Hat,” criticised for its alleged racist undertones, would violate the First Amendment. Matthew Borden, representing the library patrons, argued that if a librarian removes these to suppress its viewpoint, it violates the First Amendment.
The contested books include “Caste: The Origins of Our Discontent” by Isabel Wilkerson, “They Called Themselves the K.K.K.: The Birth of an American Terrorist Group” by Susan Campbell Bartoletti, “In the Night Kitchen” by Maurice Sendak, “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health” by Robie H. Harris, and “Being Jazz: My Life as a Teen” by Jazz Jennings. Other titles are “Larry the Farting Leprechaun” by Jane Bexley and “My Butt is So Noisy!” by Dawn McMillan.
Lawyers for Llano County that want to keep 17 off its library shelves went before 18 federal appeals court judges in New Orleans to argue their case on Tuesday. https://t.co/qphfuKn0II
— Spectrum News 1 Texas (@SpectrumNews1TX) September 25, 2024
In June’s panel ruling, Wiener, nominated to the 5th Circuit by former President George H. W. Bush, stated the books were removed because county officials disagreed with their messages. Southwick, a nominee of former President George W. Bush, partially agreed, suggesting some removals might pass a court test. He noted that some of the books were more about “juvenile, flatulent humour” than substantial topics. Duncan, nominated by former President Donald Trump, fully dissented, stating his role is as a judge, not a librarian.
What Other Media Are Saying
- Associated Press: A Texas county argued before federal appeals judges in New Orleans that it has the right to remove 17 books, including those on sex, gender, and racism, from its library shelves. (Read more)
Frequently Asked Questions
Here are some common questions asked about this news
Why were the books removed from the Llano County library?
The books were removed due to their content, including issues on sex, gender identity, racism, and humor about flatulence.
What is the main legal argument of the county officials?
County officials argue that curating a library’s book selection is protected government speech.
What did the federal district judge in Texas decide regarding the removed books?
The judge issued a preliminary injunction requiring the books to be returned in 2023.
What is the current status of the case?
The full 5th Circuit Court has reheard the case, and their ruling is pending.
Which books are involved in the dispute?
Books include “Caste” by Isabel Wilkerson, “They Called Themselves the K.K.K” by Susan Campbell Bartoletti, and “It’s Perfectly Normal” by Robie H. Harris.
