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.