5th Circuit Court denies rehearing in publishers’ Texas library book lawsuit
Date Posted: 4/18/2024 | Author: Mark Wiggins
The 5th Circuit Court of Appeals issued an en banc decision Monday affirming its decision to overturn a law that would have required book publishers to develop a rating system based on sexual content.
The full court voted 9-8 to deny rehearing a lawsuit filed by book publishers against House Bill (HB) 900 by Rep. Jared Patterson (R–Frisco), which the Texas Legislature passed in 2023.
Publishers argued that the portion of the law requiring the rating system was an unconstitutional restriction on speech.
The court sided with publishers and struck down the ratings requirement while leaving intact the portion of the law that required the Texas State Library and Archives Commission (TSLAC) to promulgate school library collection development standards.
Patterson responded to the decision by urging Attorney General Ken Paxton (R) to immediately appeal the decision to the U.S. Supreme Court.
The State Board of Education (SBOE) gave final approval to the TSLAC library standards under HB 900 in December. The rules apply to all school and classroom libraries in the public school system.
CONVERSATION
RECOMMENDED FOR YOU
09/13/2024
Teach the Vote’s Week in Review: Sept. 13, 2024
SBOE members quiz Morath on OER implementation and lesson planning; plus, Patrick releases second set of interim charges ahead of Senate Education Committee hearing next week.
09/13/2024
Recapping The Texas Tribune Festival
The 14th policy-fest didn’t disappoint in terms of big names and big conversations, including discussions of public education issues.
09/11/2024
Commissioner responds to questions about HB 1605 implementation
Morath insists new instructional materials are not intended to remove teachers’ lesson planning ability. The commissioner also answered questions on school accountability and grievance processes.