Fifth Circuit: Public Libraries May Select or Remove Books Based on Viewpoint
- In June 2025, a federal appellate court overseeing Llano County, Texas, ruled that public libraries have the authority to remove or choose books based on their viewpoint.
- This case began after residents objected to 17 books removed in 2021 due to content on race, gender, and sexuality, leading to a 2022 lawsuit claiming First Amendment violations.
- The court decided that a library's collection decisions constitute government speech and thus do not violate patrons’ free speech rights when removing books.
- The 10-7 ruling overturned prior injunctions ordering the books returned, with majority opinion asserting patrons may buy or borrow removed books and that libraries have curated collections for centuries.
- The decision conflicts with the Eighth Circuit’s previous ruling and could prompt Supreme Court review, while dissenters warned it forsakes core First Amendment principles by enabling political censorship.
15 Articles
15 Articles
US federal court upholds Texas library’s removal of books from circulation
The US Court of Appeals for the Fifth Circuit on Friday reversed a lower court’s decision to return books that had been removed from the library system in Llano County, Texas. Judge Kyle Duncan, who wrote the majority opinion for the case, reasoned that the plaintiffs have a right to receive information but that this right cannot compel the government to provide taxpayer-funded library books. Additionally, the court found that a library’s decisi…
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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