In a significant development, a federal appeals court on Wednesday overturned a Texas law mandating book ratings for school libraries, concurring with a previous lower court ruling that deemed it unconstitutional.
The 5th U.S. Circuit Court of Appeals, headquartered in New Orleans, declared in a decision released on Wednesday that the state’s imposition on book ratings violated constitutional principles.
While acknowledging the state’s interest in shielding children from potentially harmful library materials, the appeals court asserted, “Neither [the State] nor the public has any interest in enforcing a regulation that violates federal law.”
Effectively, the court’s decision prevents the Texas Education Agency from implementing the law.
Plaintiffs who challenged the Texas legislation, comprising bookstores and associations representing authors and publishers, hailed the appeals court’s ruling as historic. They contended that it not only safeguards authors but also empowers parents to make decisions about their children’s reading without undue government interference.
In a joint statement, the plaintiffs remarked, “This is a good day for bookstores, readers, and free expression.”
The law, endorsed by the Republican-controlled Legislature last year, would have compelled any bookseller supplying public schools to rate books for sexual content. Critics warned that the law’s broad language could lead to the banning or restriction of literary classics like “Romeo and Juliet,” “Of Mice and Men,” “Maus,” and “I Know Why the Caged Bird Sings.”
Scheduled to take effect on September 1, with ratings due by April 1, the law faced legal opposition from booksellers, resulting in a court order blocking its enforcement in September.
U.S. District Judge Alan Albright, in the lower court decision, found certain sections of the law, known as the Restricting Explicit and Adult-Designated Educational Resources Act (READER Act), to be unconstitutionally vague. Albright noted the wide range of grades and ages for which booksellers would be required to account.
The Texas Education Agency did not provide immediate comment in response to inquiries on Wednesday night.
The appeals court concluded that the bookstores and other opponents of the law were likely to prevail in their argument that the act infringed upon their First Amendment rights. It also recognized their potential for suffering irreparable economic harm.
One bookseller, Blue Willow, cited economic repercussions, noting it had sold $200,000 worth of books to a Katy school district over the last five to seven years. However, the district has now halted all purchases from any seller. Additionally, the law would necessitate rating books already sold, with estimated compliance costs ranging from $200 to $1,000 per book and an overall financial burden estimated between $4 million and $500 million for Blue Willow, whose annual sales slightly surpass $1 million, according to the appellate court opinion.
Laura Prather, an attorney representing the plaintiffs, applauded the appeals court’s decision as “a win for Texas and a win for free speech.” She emphasized the law’s unconstitutional nature, asserting that it would compel booksellers to speak against their will, highlighting the significance of preventing it from taking effect.