Federal Appeals Court Curbs Book Removal Challenges in Texas, Louisiana, Mississippi

The U.S. Court of Appeals for the 5th Circuit ruled in a 10-7 decision that public and school library book removal decisions cannot be challenged under the First Amendment based on library users' right to receive information. This ruling overturns a 1995 precedent and rejects the Supreme Court's 1982 Pico decision, which had allowed challenges to book removals in school libraries. The majority opinion, authored by a Trump appointee, argued that removing a book does not ban it, as copies remain available for purchase or borrowing elsewhere. The dissent, written by an Obama appointee, criticized the decision for discarding a longstanding protective precedent against excessive federal court interference in library operations. The case originated from challenges to 17 books in Llano County, Texas, influenced in part by a Texas state representative's objection to certain books. This ruling affects libraries in Louisiana, Mississippi, and Texas and raises significant concerns about access to information and censorship in public and school libraries.