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September 24, 2024 by Gary Price

Report: “A Texas County Has Told an Appeals Court It Has a Right to Cull Books on Sex, Gender and Racism” + Statement From EveryLibrary

September 24, 2024 by Gary Price

Ed. Note: We will update this post with additional media reports.

UPDATE 2: Audio Recording of Oral Argument (Sept. 24) Now Available

UPDATE: Statement From EveryLibrary on the Misapplication of the Government Speech Doctrine in Little v. Llano County

From the Associated Press:

A Texas county that wants to keep 17 books off its shelves — some dealing humorously with flatulence and others with issues including sex, gender identity and racism — argued its case Tuesday before 18 federal appeals court judges amid questions on whether the rights of the patrons or county officials were at risk.

Library patrons filed suit in 2022 against numerous officials with the Llano County library system and the county government after the books were removed. A federal district judge in Texas issued a preliminary injunction requiring that the books be returned in 2023.

[Clip]

Judges closely questioned attorneys on both sides as attorneys supporting the county said government officials’ decisions in curating a library’s book selection amount to protected government speech.

Learn More, Read the Complete Article (about 620 words)

Additional Coverage

  • 5th Circuit Urged to Overturn Precedent in First Amendment, Book Removal Case (via Law.com)
  • Full Fifth Circuit Weighs First Amendment Shield for Libraries (subs only, via Bloomberg Law)
  • On Appeal, Llano County Seeks Book Ban Ruling That Would Upend Public Libraries (via PW)
  • Oral Arguments Begin In Federal Appeals Court Hearing Over Llano County Book Ban Battle (via KVUE)
  • Republican Attorneys General From 17 States Join Texas In Defending Politicians’ Right To Ban Books (via Houston Chronicle)

See Also: Case Docket + Filings (via CourtListener)

Filed under: Libraries, News, Patrons and Users, Public Libraries, Reports

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About Gary Price

Gary Price (gprice@gmail.com) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. He earned his MLIS degree from Wayne State University in Detroit. Price has won several awards including the SLA Innovations in Technology Award and Alumnus of the Year from the Wayne St. University Library and Information Science Program. From 2006-2009 he was Director of Online Information Services at Ask.com.

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