Texas library can keep sexually explicit material from minors... for now

A Fifth Circuit Court of Appeals ruling allowing a Texas public library to remove explicit books targeting children remains in place due to the U.S. Supreme Court's decision not to hear the case.

Another pending lawsuit out of Colorado (currently in the Tenth Circuit Court of Appeals), however, could lead the Supreme Court to consider the Texas case in the future.  

Key Takeaways:

• A Texas public library can continue to leave 17 sexually explicit books off its shelves which it had deemed inappropriate for minors, due to the Supreme Court's decision not to hear a court challenge.

• Those opposed to the removal of the books, in particular, left-leaning organizations, claimed that everyone has a "right to receive information" because of the Free Speech Clause of the First Amendment.

• The Supreme Court could still decide to take up the Llano County case depending on the outcome of an appeal regarding a similar case in Colorado.

The Backstory:

Rural Llano County in Texas, located outside of Austin, was sued (Little v. Llano County) after the county library removed 17 books containing explicit content that were marketed toward children.

Previously, the district court ruled in favor of the patrons who sued Llano County for removing the books, claiming that under the Free Speech Clause of the First Amendment, they had a "right to receive information," and subsequently ordered the books returned to the library shelves.

In May, the Fifth Circuit Court of Appeals disagreed with the District Court, reversed the district court’s decision, and dismissed the free speech claims.

The World Library Association called the dismissal a “[m]ajor loss for American Library Association, PEN America, and ALA’s school librarians.”

Upset with the Supreme Court’s decision to deny the request, Elly Brinkley, a staff attorney for U.S. Free Expression Programs (a network of left-leaning organizations), stated:

​“The Llano decision has already been used to uphold the devastating wave of book bans across the country. Leaving the Fifth Circuit’s ruling in place erodes the most elemental principles of free speech and allows state and local governments to exert ideological control over the people with impunity. The government has no place telling people what they can and cannot read.”​

Patrons appealed to the Supreme Court, asking “[w]hether those book-removal decisions are subject to scrutiny under the Free Speech Clause of the First Amendment.” By denying the petition, the Supreme Court preserved the Fifth Circuit’s ruling, subsequently allowing Llano County to keep the books targeting children on the library shelves.  ​

Judge Stuart Kyle Duncan, who wrote the Fifth Circuit decision, previously dismissed false claims of “book bans,” stating:

“Take a deep breath, everyone. No one is banning (or burning) books. If a disappointed patron can’t find a book in the library, he can order it online, buy it from a bookstore, or borrow it from a friend. All Llano County has done here is what libraries have been doing for two centuries: decide which books they want in their collections.”  

The National Coalition Against Censorship (NCAC), which includes members such as Planned Parenthood Federation of America, submitted a brief in support of the patrons attempting to keep sexually explicit materials on library bookshelves accessible to minors. The American Library Association and PEN America, both members of the NCAC, also submitted amici briefs in support. Live Action News has previously discussed the NCAC, ALA, and PEN America’s continued advocacy for abortion, transgender ideology, and children’s easy access to sexually explicit and pornographic materials.  

Former Texas solicitor general Jonathan Mitchell, who is responsible for authoring the Texas Heartbeat Bill, represented Llano County and filed a brief in opposition to the request to have the case heard before the Supreme Court until other pending cases are considered.

One of the pending cases involves Colorado’s Elizabeth School District (which Mitchell also represents). This district was sued by the pro-abortion ACLU in Crookshanks et al v. Elizabeth School District after the district attempted to remove LGBTQ+ and sexually explicit content from children's school library bookshelves.  

Reuters notes that the preserved Fifth Circuit Court of Appeals ruling applies solely to Texas, Louisiana, and Mississippi, and “does not set a nationwide legal precedent.”

Commentary:

Vice Chair of the Llano County Library Advisory Board, Bonnie Wallace, told Live Action News, “To God be the glory! I am grateful to God that He has shepherded this victory to shield the children from such sexualized content with the upholding of the Fifth Circuit decision in the Llano case.”  

Wallace added:

“I’ve found books [portraying] people having sex with animals, sex with dead bodies… books with QR codes that take kids to online sex shops, pornographic videos, and direct readers to Planned Parenthood to schedule an abortion."

While Wallace is thankful for this victory, she expressed that there is “still more work to be done.”

What Happens Next:

Depending on the outcome of the Crookshanks v. Elizabeth School District appeal, the Supreme Court may reconsider the Llano case to help determine whether public libraries — including those in schools — may remove books deemed inappropriate for minors.