A federal appeals court on Wednesday blocked a Texas law that would require ratings from booksellers that deal with school libraries, agreeing with a lower court that found it unconstitutional.

The 5th U.S. Circuit Court of Appeals, based in New Orleans, said in a decision published Wednesday that the state could not violate the Constitution.

“We agree with the State that it has an interest in protecting children from harmful library materials. But ‘neither [the State] nor the public has any interest in enforcing a regulation that violates federal law,’” the appeals court wrote.

The decision bars the Texas Education Agency from enforcing the law.

Those who sued to block the Texas law, which include bookstores and associations representing authors and publishers, said that the appeals court decision was historic and that it protects authors and lets parents make decisions about their children without government interference.

“This is a good day for bookstores, readers, and free expression,” the plaintiffs said in a joint statement.

The law, passed last year by the Republican-controlled Legislature, would have forced any bookseller to public schools to rate books for sexual content.

The law prompted warnings that its broad language could lead “Romeo and Juliet,” “Of Mice and Men,” “Maus” and “I Know Why the Caged Bird Sings” to be banned or restricted, according to a lawsuit booksellers filed last year.

It was set to go into effect on Sept. 1, with ratings due on April 1, according to court documents. The lower court issued an order blocking enforcement of it in September.

More coverage on book restrictions

The lower court found that decisions in other cases compel “a conclusion that the statute is unconstitutional” and that the Supreme Court has ruled that people are free from speech that is compelled by the government.

In that lower decision, U.S. District Judge Alan Albright found that sections of the law — the Restricting Explicit and Adult-Designated Educational Resources Act, or READER Act — are unconstitutionally vague, noting a large variance in grades and ages for which booksellers would have to try to account.

The Texas Education Agency did not immediately respond to a request for comment Wednesday night.

The appeals court found that the bookstores and others suing against the law were likely to succeed on the merits that the act violated their First Amendment rights.

It also found they stood to suffer irreparable economic injuries. One of the booksellers, Blue Willow, argued that it had sold $200,000 worth of books to a school district in Katy over the last five to seven years but that the district has now paused all purchases from any seller.

The law also means booksellers would have to rate books already sold. Blue Willow estimated it would cost $200 to $1,000 per book to comply with the law and $4 million and $500 million to rate books already sold — when its annual sales are just over $1 million, according to the appellate court opinion.

Laura Prather, an attorney who represents the plaintiffs, including book seller BookPeople, said that the appeals court decision was “a win for Texas and a win for free speech.”

“The book rating system in HB900 is a clearly unconstitutional requirement that would irreparably harm booksellers across the state,” she said in email, referring to the House bill number. “We’re thankful the Fifth Circuit recognized it would require booksellers to speak against their will and the importance of blocking it from taking effect.”

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
Karmelo Anthony supporter reportedly fired as other backers face backlash over verdict remarks

Karmelo Anthony Backlash Grows as Supporter Is Reportedly Fired Over Verdict Comments

Texas judge defends barring cameras from Karmelo Anthony murder trial Judge John…
The Grammys add five new categories, adjust rules for 2027 Grammy Awards

2027 Grammys Add 5 New Categories and Update Key Award Rules

The Grammy Awards are expanding again, adding five new categories and revising…
New charges against DC National Guard shooting suspect open death penalty door

DC Guard Shooting Suspect Faces Death Penalty in Dramatic First Court Appearance

An Afghan national accused of launching a deadly ambush-style attack on National…
Mango clothing tycoon’s son named suspect in death of billionaire whose brand stretches across US

Mango Billionaire’s Son Tearfully Told 911 His Father Had Fallen Into a Ravine

A newly released 911 call captures the son of a billionaire fashion…
Mangione back in court after hearing earlier this month shrouded in secrecy

Luigi Mangione Returns to Court After Secretive Earlier Hearing: What We Know So Far

Luigi Mangione is due back in a New York courtroom Tuesday morning…
Luigi Mangione supporter working for far-left DC mayoral candidate likened to Mamdani

DC Mayoral Campaign Staffer Backing Luigi Mangione Sparks Fresh Mamdani Comparisons

Accused killer Luigi Mangione’s murder trial: Judge to address evidence, jury disputes…
A look back at Barack Obama's rise from community organizer to first Black US president ahead of Chicago Obama Center opening

Barack Obama’s Journey From Community Organizer to America’s First Black President, as Chicago’s Obama Center Nears Opening

CHICAGO (WLS) — Barack Obama’s rise from little-known politician to president of…
"Star Wars" lightsaber, "Wizard of Oz" witch hat and more iconic film props going up for auction

Iconic Movie Props Head to Auction: Star Wars Lightsaber, Wizard of Oz Witch Hat and More

A lightsaber tied to one of the most unforgettable moments in George…
Chicago shooting: Bicyclist shot, killed in Grant Park, police say

Grant Park Shooting: Bicyclist Fatally Shot in Chicago, Police Investigate

CHICAGO (WLS) — A 27-year-old man was fatally shot early Tuesday while…
3 Brazilian men charged after woman tossed from bridge without safety rope

Three Brazilian Men Charged After Woman Thrown From Bridge Without Safety Rope

Three men could face criminal charges after a 21-year-old woman was killed…
'Resilient' art piece by Damon Lamar Reed installed in spot where burning cross was found in Grant Park, Chicago

Chicago Unveils Damon Lamar Reed’s “Resilient” in Grant Park at Site of Burned Cross

CHICAGO (WLS) — A public artwork titled “Resilient” returned to Grant Park…
BASE jumping accident kills 2 including extreme athlete Andy Lewis, who performed with Madonna at Super Bowl

Andy Lewis Among 2 Killed in BASE Jumping Accident; Madonna Super Bowl Performer Dead at 37

Two people were killed in a BASE jumping accident over the weekend…