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'Huge Win': Appeals Court Upholds Ruling Against Texas Book Ban
"With this historic decision the court has moved decisively to ensure the constitutionally protected speech of authors, booksellers, publishers, and readers," said plaintiffs.
Jan 17, 2024
Texas bookstores, national trade associations, and other critics of book bans celebrated on Wednesday after a panel from an ultraconservative U.S. appeals court affirmed a decision to temporarily block part of a new state law intended to restrict what's allowed in public school libraries.
House Bill 900, or the Restricting Explicit and Adult-Designated Educational Resources (READER) Act, was signed last June by Republican Gov. Greg Abbott. This case focuses on the section of the law requiring book vendors that sell to schools to submit ratings about sexual content to the Texas Education Agency (TEA) and provide annual updates.
The contested law requires booksellers to label all material as "sexually explicit," "sexually relevant," or "no rating." Sexually explicit books must be removed from school library shelves and cannot be sold to districts, while sexually relevant material cannot be checked out without parental consent. The TEA can make changes to vendors' ratings.
"Our kids deserve the freedom to read, and their local schools and libraries are no place for censorious adults to push their religious and political agendas."
A pair of bookstores—Houston's Blue Willow and BookPeople in Austin—joined with the Association of American Publishers, American Booksellers Association, Authors Guild, and Comic Book Legal Defense Fund to challenge the law, arguing that it violates free speech rights and would subject plaintiffs to "irreparable personal and economic injury."
Judge Alan Albright of the U.S. District Court for the Western District of Texas, an appointee of GOP former President Donald Trump, temporarily blocked the book-rating policy in September. The New Orleans-based 5th U.S. Circuit Court of Appeals panel unanimously agreed in a Wednesday opinion penned by Trump-appointed Judge Don Willett.
"The question presented is narrow: Are plaintiffs likely to succeed on their claims that READER violates their First Amendment rights? Controlling precedent suggests the answer is yes," wrote Willett, joined by Judges Jacques Wiener and Dana Douglas, appointees of former President George H.W. Bush and President Joe Biden, respectively.
While welcoming that the opinion does not apply to newly adopted standards for school library collection development, Texas Rep. Jared Patterson (R-106), who authored H.B. 900, expressed disappointment with the decision and urged Republican state Attorney General Ken Paxton to appeal to the U.S. Supreme Court.
Unless Paxton appeals to the high court, the case will return to the district level for full arguments. While there is still a fight ahead, plaintiffs in the case and other critics of the law still celebrated on Wednesday.
"We are grateful for the 5th Circuit Court of Appeals' decisive action in striking down this unconstitutional law," the plaintiffs said in joint a statement. "With this historic decision the court has moved decisively to ensure the constitutionally protected speech of authors, booksellers, publishers, and readers, and prevent the state government from unlawfully compelling speech on the part of private citizens."
"The court's decision also shields Texas businesses from the imposition of impossibly onerous conditions, protects the basic constitutional rights of the plaintiffs, and lets Texas parents make decisions for their own children without government interference or control," they added. "This is a good day for bookstores, readers, and free expression."
As the Austin-American Statesman reported:
The decision was great news for Charley Rejsek, CEO of BookPeople.
"They recognized that this law as it's written would force us to divert time and effort away from our regular business," Rejsek said. "This was not good for any business."
Rejsek added that rating books by the April 1 deadline "was completely impossible to do."
Texas Republicans are among GOP policymakers across the country who have embraced right-wing efforts to ban books at the state and local levels in recent years, initiatives that have often focused on content related to sex, gender identity, and race.
During the 2022-23 school year, PEN America tracked 3,362 instances of book bans in U.S. public school classrooms and libraries cutting off students from 1,557 unique titles. The group noted that this represented a significant increase from figures the previous year and targeted authors were "most frequently female, people of color, and/or LGBTQ+ individuals."
Texas Freedom Network organizing director Seneca Savoie said in a statement Wednesday that "the courts should exist to protect and defend the rights of everyone in our communities, including our children. We applaud the 5th Circuit for upholding Judge Albright's initial ruling, rather than aiding our state's leaders in their endless culture wars and attacks on LGBTQIA+ Texans and our basic freedoms."
"Our kids deserve the freedom to read, and their local schools and libraries are no place for censorious adults to push their religious and political agendas," Savoie added. "While we were deeply disheartened that the 5th Circuit previously allowed this unconstitutional law to go into effect knowing that it violates the rights of Texas kids and their families, justice has finally been served."
As Willett noted in the Wednesday opinion, previously, "a different panel of this court granted the administrative stay."
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Judge Blocks Iowa Book Ban, 'Don't Say LGBTQ' Law
"We deserve to be able to express ourselves safely at school and we deserve to see ourselves in media at school, especially in books," said an eighth grade student who joined one of the lawsuits.
Dec 29, 2023
A U.S. federal judge on Friday blocked key parts of what critics called a "sweeping Iowa law that seeks to silence LGBTQ+ students, erase any recognition of LGBTQ+ people from public schools, and bans books with sexual or LGBTQ+ content."
Judge Stephen Locher determined that none of the plaintiffs in a pair of cases filed against Senate File 496 has standing to challenge the provision requiring school districts to notify parents if a child seeks an accommodation relating to gender identity, including the use of pronouns that does not match registration records.
However, Locher issued a preliminary injunction blocking enforcement of a ban on any book containing "descriptions or visual depictions of a sex act"—except for the Bible—in all public school classrooms and libraries, and a prohibition on "any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation" in kindergarten through sixth grade.
"This decision sends a strong message to the state that efforts to ban books based on LGBTQ+ content, or target speech that sends a message of inclusion to Iowa LGBTQ+ students cannot stand."
The law—part of a national wave of GOP-led book bans and other policies targeting LGBTQ+ youth—was passed by the Iowa Legislature and signed by Republican Gov. Kim Reynolds this spring. The Associated Pressnoted Friday that it "was set to take effect January 1 but already had resulted in the removal of hundreds of books from Iowa schools."
The two lawsuits against S.F. 496 were filed last month. The Iowa State Education Association, Penguin Random House, and some popular authors partnered for one of the cases. The ACLU of Iowa, Lambda Legal, and the law firm Jenner & Block also sued on behalf of Iowa Safe Schools and several students and their families—including Berry Stevens, an eighth grader from West Des Moines.
"I've known since I was in third grade that I am a part of the LGBTQIA+ community," said Stevens—whose mother, Rev. Brigit Stevens, is also a plaintiff in the case—when the suit was launched in November. "In sixth grade, I first changed my name and started using they/them pronouns because I knew I wasn't a boy or a girl. I'm just a person. This is a concept that a lot of adults have trouble understanding."
The younger Stevens explained that "I am participating in this lawsuit because this new law hurts all kinds of kids and it hurts many of my friends. We deserve to be able to express ourselves safely at school and we deserve to see ourselves in media at school, especially in books. This law is trying to shut us down and make us be quiet and not openly discuss our lives, who we like, or who we truly are."
"I know what it's like to be bullied and harassed because of being in the LGBTQIA+ community. I wish my school would do something to actually prevent bullying before it happens, not just tell kids it's wrong after the fact," they added. "But because of this law, I feel like the school is too worried about getting in trouble with the state if they try to speak out. This law gets in the way of educators trying to make a safer, more inclusive space for all students."
Another plaintiff, high school senior Puck Carlson of Iowa City, said that "like it or not, sex and sexuality are parts of the teenage experience. Refusing to provide adolescents with information about it means they'll seek out their own information—from the Internet, or from others, in ways that are significantly less safe than books reviewed by teachers or librarians."
"Removing books that discuss queer topics or people from our schools tells our queer students that they do not belong there, that their existence is shameful. I am not shameful," they added. "School is one of the main places that children read, and being able to access literature in which you can see yourself can be instrumental to a student's discovery of themselves—it certainly was to me."
In response to the judge blocking Iowa's book ban and "don't say LGBTQ" provisions, Lambda Legal senior attorney Nathan Maxwell said that "we are glad our clients, Iowa families, and students will be able to continue the school year free from the harms caused by these parts of this unconstitutional law."
"This decision sends a strong message to the state that efforts to ban books based on LGBTQ+ content, or target speech that sends a message of inclusion to Iowa LGBTQ+ students cannot stand," Maxwell added. "Lambda Legal and the ACLU of Iowa will continue our fight to ensure Iowa schools are safe for LGBTQ+ students."
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PEN America Joins Suit Against Florida School District Over 'Unconstitutional' Book Bans
"Children in a democracy must not be taught that books are dangerous," asserted PEN America CEO Suzanne Nossel. "The freedom to read is guaranteed by the Constitution."
May 17, 2023
The free expression group PEN America on Wednesday joined Penguin Random House—the largest U.S. book publisher—and a group of authors and parents in a lawsuit challenging a Florida county school district's banning of titles about race and LGBTQ+ topics, a policy stemming from Republican Gov. Ron DeSantis' self-described "war on woke."
"Today, Escambia County seeks to bar books critics view as too 'woke,'" states the lawsuit, which was filed in the U.S. District Court for the Northern District of Florida and seeks to return proscribed titles to school libraries.
"In the 1970s, schools sought to bar Slaughterhouse-Five and books edited by Langston Hughes," the suit notes. "Tomorrow, it could be books about Christianity, the country's founders, or war heroes. All of these removals run afoul of the First Amendment."
\u201c\ud83e\uddf5PEN America Files Lawsuit against Florida School District over Unconstitutional Book Bans\n\nLawsuit joined by @penguinrandom, parents, and authors asserts that Escambia County School Board unlawfully removes or restricts access to books about race, racism, and LGBTQ identities.\u201d— PEN America (@PEN America) 1684332075
According toThe New York Times:
In Escambia County, the restrictions the lawsuit is concerned with began when Vicki Baggett, a language arts teacher at the district's Northview High School, challenged more than 100 titles beginning last year. Among them were picture books, young adult novels, and works of nonfiction. The complaint described her objections as "nakedly ideological," saying that she had argued that the books "should be evaluated based on explicit sexual content, graphic language, themes, vulgarity, and political pushes."
Among the books was And Tango Makes Three, about a penguin family with two fathers, which she objected to for "serving an LGBTQ agenda using penguins."
The school board—which is a defendant in the case, along with the district—has so far "voted to remove 10 books, some entirely and others from certain grade levels," the Times reported. "In each instance, the board did so despite a recommendation from a district-level committee of educators, media specialists, community members, and parents that the books remain in place."
\u201c\ud83e\uddf5Here\u2019s the woman responsible for the chaos in our school district. Meet Vicki Baggett, an English teacher and a member of the daughter\u2019s of the confederacy. She challenged 150 books in our district because they made white children feel bad\n #Florida #BookBan #escambia\u201d— Change The System (@Change The System) 1684340246
PEN America CEO Suzanne Nossel said in a statement that "children in a democracy must not be taught that books are dangerous. The freedom to read is guaranteed by the Constitution."
"In Escambia County, state censors are spiriting books off shelves in a deliberate attempt to suppress diverse voices," Nossel added. "In a nation built on free speech, this cannot stand. The law demands that the Escambia County School District put removed or restricted books back on library shelves where they belong."
Penguin Random House CEO Nihar Malaviya said that "books have the capacity to change lives for the better, and students in particular deserve equitable access to a wide range of perspectives."
"Censorship, in the form of book bans like those enacted by Escambia County, [is] a direct threat to democracy and our constitutional rights," Malaviya added. "We stand by our authors, their books, and the teachers, librarians, and parents who champion free expression."
Lindsay Durtschi, an Escambia County parent and plaintiff in the suit, argued that "without diverse representation in literature in school libraries and inclusive dialogue in the classroom, we are doing irreparable harm to the voices and safety of students in Florida."
"Our children need the adults in their lives to stand up for the promise of inclusion and equity," Durtschi added.
\u201cThe lawsuit says Escambia County School District and School Board violated the #FirstAmendment rights of the students, authors, and publishers by removing books \u201cbased on ideological objections to their contents or disagreement with their messages or themes.\u201d #IStandWithTheBanned\u201d— PEN America (@PEN America) 1684339173
The new lawsuit comes amid a relentless attack by DeSantis—a likely 2024 Republican presidential candidate—on educational freedom from kindergarten through the university level.
On Wednesday, DeSantis signed a bill extending the so-called "Don't Say Gay or Trans" law—which prohibits classroom discussions of sexual orientation or gender identity—to include all grades K-12.
The governor has also replaced key state education officials with right-wing allies who toe his "anti-woke" line, while stoking a climate of fear in which educators have removed books from classroom libraries to avoid running afoul of bans on titles dealing with race or LGBTQ+ issues.
Common Dreams reported last month that laws passed in Republican-controlled states have led to nearly 1,500 book bans nationwide during just the first half of the 2022-23 school year. This followed a record number of book bans last year, according to the American Library Association.
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