The U.S. 5th Circuit Court of Appeals has made a significant decision by blocking a Texas law that sought to enforce content ratings for books in school libraries. The federal appeals court upheld the lower court’s ruling, deeming the law as written unconstitutional. House Bill 900, titled “Restricting Explicit and Adult-Designated Educational Resources Act” (READER), garnered immense attention as it would have required book publishers and sellers to provide content ratings for all books sold to Texas libraries. The legislation faced strong opposition from various entities, including BookPeople, Austin’s decades-old bookstore, and a coalition of other groups.
Charley Rejsek, the CEO of BookPeople, expressed her elation, calling the court’s decision to uphold the lower court’s ruling “ecstatic.” The law would have restricted the availability of certain books in school libraries, banning “sexually explicit” materials and mandating parental consent for students to check out books deemed “sexually relevant.”
The court ruled that the “vendor-rating system” required by HB 900 violated the First Amendment’s protection against compelled speech, as it would have forced publishers and booksellers to provide content ratings categorizing books as “sexually explicit,” “sexually relevant,” or “no rating.” The Texas Education Agency has been prohibited from enforcing the law, signaling a significant win for free expression.
By upholding the lower court’s ruling, the 5th U.S. Circuit Court of Appeals has affirmed the unconstitutionality of the law, emphasizing that the state’s interest in protecting children from harmful library materials does not justify enforcing a regulation that violates federal law. This decision has far-reaching implications, not only for Texas but also for the broader protection of First Amendment rights in the context of educational resources and libraries.
