Appeals court won’t consider lifting ban on Texas law that would require book ratings

A federal appeals court has declined to consider overturning its January ruling that blocked Texas from enforcing a Republican-championed law that would force booksellers to rate books for sexual content if they plan to sell to school libraries, Reuters reports.

Tuesday’s move by New Orleans-based 5th U.S. Circuit Court of Appeals is a victory for booksellers and First Amendment champions, who argued Texas’ so-called READER Act violated constitutional protections for free speech. Plaintiffs in the book industry also maintained the rating system would make it too burdensome for independent businesses to sell to schools.

“This decision makes clear the importance of protecting free speech,” Laura Prather, an attorney representing bookstores and industry groups, told Reuters in a written statement. “It’s a victory not only for Texas but for the fundamental principles of our democracy.”

Republican Texas Attorney General Ken Paxton didn’t respond to Reuters’ request for comment.

Conservatives in Texas and other states have increasingly targeted school libraries with legislation they say is intended to keep age-inappropriate content away from children. However, opponents of Texas’ book-rating law and other similar legislation maintain the proposals are unconstitutional attempts to cut off access to LGBTQ+ authors and books that explore LGBTQ+ themes.

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This article appears in Apr 17-30, 2024.