Book vendors have fought since last year against House Bill 900, the so-called READER Act. The law requires sellers who do business with schools to rate books based on sexual relevance and explicitness.
Critics view the legislation as yet another salvo in Republicans’ war on books. Proponents frame it as a safety belt keeping kids from being exposed to inappropriate content.
Claudia Vega, founder of Oak Cliff’s Whose Books, learned late Wednesday night that the 5th U.S. Circuit Court of Appeals had blocked the law from being enforced. The bill’s requirements for booksellers were quite subjective, she said, adding that the court’s decision serves as a “signal of hope.”
Vega urges folks to keep reading.
“We're really working to help build and activate Dallas's reading culture, and I think removing this layer of restriction that we were grappling with is a big win for us,” she said.
Two Lone Star bookstores and literary groups filed a lawsuit over HB 900 last summer, arguing that the “unconstitutional” legislation unlawfully “compels speech.”
The plaintiffs and their supporters complained that the law would force them to comply with unbelievably onerous requirements. Book ratings would be due to the state by April 1, a deadline they argued was “impossible” to meet. They also asserted that their free speech rights would be infringed upon because the state can edit and disapprove of a seller’s rating.
Rights groups have largely lambasted the READER Act, which further cemented Texas' status as a national book-ban leader.“Removing this layer of restriction that we were grappling with is a big win for us.” – Claudia Vega, Whose Books owner
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Attorney Chloe Kempf with the American Civil Liberties Union of Texas praised Wednesday’s decision as a “resounding win for the First Amendment in Texas.” But she noted that the case isn’t even close to being over. As school libraries apply new Texas standards for book collections, the suit will be snaking its way through the courts, she said.
“Thus, it is essential that Texans — including booksellers, librarians, educators, students, and families — continue to advocate for all of our First Amendment rights,” Kempf added. “Together, we must demand that public school libraries remain places where our students are free to think for themselves and learn without censorship and discrimination."
Another prominent rights group, the Foundation for Individual Rights and Expression, also dusted off their dancing shoes on Wednesday. FIRE pointed out in a December news release that the government isn’t allowed to simply “outsource censorship” to vendors.
Senior attorney JT Morris told the Observer via email that the READER Act’s requirements jeopardize booksellers’ economic health. When private vendors are made to parrot the state’s positions on literary materials, that counts as a First Amendment violation.
“FIRE is pleased that the Court gave READER the rating it deserves: Unconstitutional,” Morris wrote. “We applaud the plaintiffs and their attorneys for standing up for free expression.”
But state Rep. Jared Patterson, the Frisco Republican who authored the law, isn’t giving up just yet. The conservative expressed disappointment in a statement, writing that the court’s opinion eliminates book vendors’ accountability while letting Texas’ library standards stay intact. (The standards, which bar sexually explicit material, were adopted last month.)
The way Patterson sees it, sellers need to be aware of the titles they offer to school-aged kids, particularly if they include “sexually explicit” content.
Patterson further called on the state’s attorney general to appeal. He wants to take it all the way to the U.S. Supreme Court.
“I will not stop fighting to protect Texas schoolchildren from sexually explicit material,” Patterson wrote.
UNITED STATES FIFTH CIRCUIT COURT OF
— Office of State Representative Jared Patterson (@RepPattersonTX) January 17, 2024
APPEALS DECISION ON THE R.E.A.D.E.R. ACT#txlege pic.twitter.com/mYtK1IHDtX
Wednesday’s decision could foreshadow wins in other book-ban challenges nationwide, Book Riot noted. The federal appeals court in question is arguably the most conservative in the U.S. Former President Donald Trump appointed six of its 17 judges during his time in the White House, including the judge who wrote the decision in this case.
The Texas Freedom to Read Project, an organization opposed to book bans and censorship, celebrated the ruling in a Wednesday post on X. The group was “thrilled” that, by blocking HB 900, the appeals court “has recognized and affirmed booksellers, librarians, teachers and parents’ concerns” that the READER Act flouts the First Amendment... This is a win for Texas students and a vindication of the freedom to read.”
