AUSTIN, Texas (AP) — The U.S. Supreme Court on Monday provided no review of a Texas free speech case which sanctioned local officials' decisions to remove books deemed objectionable from public libraries. This decision has raised alarms among advocates for free expression and set the stage for further actions regarding literature censorship in libraries across the United States.
The controversy originated from a 2022 lawsuit initiated by residents in rural Llano County against their local library commission, which sanctioned the removal of over a dozen books addressing pivotal issues like sex, race, and gender, alongside lighter subjects such as humorous children's books. A prior ruling by a federal appeals court stated that the removal of these books did not constitute a violation of the First Amendment.
The broader implications of this decision are significant, as it has already been cited to justify book bans in other regions of the country. Elly Brinkley, staff lawyer for PEN America, expressed concerns, stating that maintaining the Fifth Circuit's ruling undermines foundational free speech principles and permits local governments to dictate content to the public without accountability. She emphasized that the government should not impose restrictions on what individuals can read.
Sam Helmick, president of the American Library Association, warned that such judicial stances threaten to morph public libraries into instruments of ideological control rather than centers of open inquiry. The initial case arose when local residents urged their library commission to act against the circulation of specific titles, provoking legal actions both for and against this decision.
The removed titles included critical and controversial works such as 'Caste: The Origins of Our Discontent' by Isabel Wilkerson, and 'Being Jazz: My Life as a (Transgender) Teen' by Jazz Jennings, alongside a selection of children’s books with humorous themes.
Despite a federal judge's initial ruling in 2023 which required the restoration of some titles, the 5th U.S. Circuit Court of Appeals reversed this, stating that the action taken did not amount to a book ban. The ruling clarified that access to a book can still be obtained through other means if it is not available in libraries.
Llano County, predominantly conservative and located approximately 75 miles northwest of Austin, has a population of around 20,000 and deep ties to agriculture and sporting traditions. The decisions made by local officials in such contexts could resonate across the nation, further complicating the landscape of literary freedom in public spaces.
The controversy originated from a 2022 lawsuit initiated by residents in rural Llano County against their local library commission, which sanctioned the removal of over a dozen books addressing pivotal issues like sex, race, and gender, alongside lighter subjects such as humorous children's books. A prior ruling by a federal appeals court stated that the removal of these books did not constitute a violation of the First Amendment.
The broader implications of this decision are significant, as it has already been cited to justify book bans in other regions of the country. Elly Brinkley, staff lawyer for PEN America, expressed concerns, stating that maintaining the Fifth Circuit's ruling undermines foundational free speech principles and permits local governments to dictate content to the public without accountability. She emphasized that the government should not impose restrictions on what individuals can read.
Sam Helmick, president of the American Library Association, warned that such judicial stances threaten to morph public libraries into instruments of ideological control rather than centers of open inquiry. The initial case arose when local residents urged their library commission to act against the circulation of specific titles, provoking legal actions both for and against this decision.
The removed titles included critical and controversial works such as 'Caste: The Origins of Our Discontent' by Isabel Wilkerson, and 'Being Jazz: My Life as a (Transgender) Teen' by Jazz Jennings, alongside a selection of children’s books with humorous themes.
Despite a federal judge's initial ruling in 2023 which required the restoration of some titles, the 5th U.S. Circuit Court of Appeals reversed this, stating that the action taken did not amount to a book ban. The ruling clarified that access to a book can still be obtained through other means if it is not available in libraries.
Llano County, predominantly conservative and located approximately 75 miles northwest of Austin, has a population of around 20,000 and deep ties to agriculture and sporting traditions. The decisions made by local officials in such contexts could resonate across the nation, further complicating the landscape of literary freedom in public spaces.
