Appeals court blocks Texas library sexual censorship law

Recent Legal Ruling Challenges Texas Education Law

On January 17, the US Court of Appeals for the Fifth Circuit largely supported a ruling by US District Judge Alan Albright. Albright’s ruling, issued last year, stops Texas’ Education Commissioner Mike Morath from enforcing a new law. This law aimed to restrict sexually-themed materials in Texas public schools. Judge Albright believes the plaintiffs, who oppose the law, have a strong case. They argue it violates their free speech rights under the US Constitution. Texas’ law, while unique, follows trends in other states to remove sexual content from schools, especially LGBTQ-related topics.

Diverse Judges Agree on the Issue

Circuit Judge Don Willett, a Trump appointee, wrote the unanimous opinion for the three-judge panel. The panel included judges appointed by Presidents George HW Bush and Joseph R. Biden, Jr. Their diverse backgrounds show a cross-party consensus on the issue.

The Law’s Two Main Parts

The Texas law has two main sections. The first sets strict standards for school library content, banning certain harmful and sexually explicit materials. The second section, which the current lawsuit targets, affects book vendors and schools that buy from them. It introduces a rating system for all books sold to schools.

Impact of the Vendor Rating System

Under this system, vendors must categorize each book they sell to schools. They use labels like “sexually explicit” and “sexually relevant.” Books marked as sexually explicit cannot stay in school libraries. Vendors must submit these ratings to the Texas Education Agency by April 1, 2024. They also need to update these ratings every year.

Vendors Face Financial Strains

This rating process is expensive and time-consuming for vendors. Some estimate costs of up to $1,000 per book. The process affects not only explicit material but also mainstream literature and educational content. The law also gives the Texas Education Agency power to revise these lists, raising concerns about potential censorship.

First Amendment Rights at Stake

Plaintiffs, including a bookstore, argue that the law forces them to categorize materials, violating their First Amendment rights. They must do this to keep selling books to Texas schools. The state claims it’s not enforcing speech since it publishes the lists. However, the court disagrees, seeing this as a forced compliance with state demands.

Court’s Decision and Its Implications

The court’s decision pauses the law’s enforcement while the lawsuit continues. Its future and impact on free speech and educational materials remain in question. Commissioner Morath might seek further review, but the Fifth Circuit’s decision currently highlights a significant debate on freedom of expression and educational censorship.