US EditionFifth Circuit: Public Libraries May Select or Remove Books Based on Viewpoint
- On May 23, 2025, a federal appellate court based in New Orleans decided that public libraries in Llano County have the authority to remove books due to their viewpoints without breaching the First Amendment.
- This ruling followed a 2021 removal of 17 books over race, gender, and sexuality content, which led seven residents to sue county officials alleging censorship.
- The court ruled that decisions about library collections represent government expression and therefore cannot be contested on free speech grounds, reversing earlier precedent that had permitted such legal challenges.
- Judge Stuart Kyle Duncan wrote, “No one is banning books,” noting patrons can still order removed books online, buy them in stores, or borrow from friends.
- The 10-7 decision, conflicting with the Eighth Circuit, may prompt Supreme Court review and highlights longstanding library practices of curating collections as government speech.
13 Articles
13 Articles
Jonathan Lange: The Library Exception Stymies Local Control. It’s Time to Repeal It.
Columnist Jonathan Lange writes, "Bizarrely, the very laws that are meant to protect the innocence of children can be prosecuted against parents, grandparents, and your average man on the street. But they cannot be applied to the people who have the greatest access to your children outside the home — teachers and librarians."
Appeals court rules libraries have right to 'government speech', can remove books based on content
AUSTIN (KXAN) — The Fifth Circuit Court of Appeals ruled Friday that libraries can take books off shelves based on their content, reversing a district court's decision in a case involving the Llano County Library. KXAN reached out to the parties in the case, and will update this story if we receive responses. Katherine P. Chiarello, an attorney for the plaintiffs, told KXAN in an email that their team is considering its next steps. "It is very d…
Appeals court allows Texas library to remove books that triggered sex, race concerns
A federal appeals court reversed itself Friday and said a Texas county public library was on firm legal footing when it took 17 books off its shelves amid concerns about racial or sexual content.
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