US Appeals Court Orders Texas Library to Put Some Books Back on Shelves

An appeals court panel has ruled that eight out of 17 books removed from a Texas library must be returned following complaints from conservatives about their appropriateness.

The 5th U.S. Circuit Court of Appeals in New Orleans issued a 2-1 ruling upholding a lower court’s injunction, stating that the library violated First Amendment rights by removing some of the books. However, nine books will remain off the shelves during the appeal process based on the argument that they focus on “juvenile, flatulent humor” rather than controversial ideas or viewpoints.

Judge Jacques Wiener emphasized that government officials cannot take books off library shelves to prevent access to differing ideas. Among the books ordered to be returned are titles like “Caste: The Origins of our Discontent” and “They Called Themselves the K.K.K.: The Birth of an American Terrorist Group.” A book about a transgender teenager will also be restored.

Judge Leslie Southwick agreed with Wiener on the importance of not removing books based on differing ideas but noted that nine books could remain off the shelves due to their focus on simple humor rather than significant viewpoints.

The third judge on the panel, Stuart Duncan, dissented and believed all the books should remain off the shelves. The town of Llano has been a focal point in the ongoing debate over library book removals happening across the country in recent years, especially in conservative states.

A federal lawsuit was filed by library patrons in Llano City over the removal of the 17 books. The case was on hold until the 5th Circuit’s decision, which will now allow it to proceed to trial. Despite the initial removal, the books were temporarily returned to the shelves following a court order.

In response to the ongoing dispute, Llano County commissioners briefly considered closing all library branches but ultimately decided against it. The plaintiffs in the lawsuit have successfully argued for the return of the books based on their First Amendment rights.

Defendants in the lawsuit, including county commissioners and library officials, have not yet commented. They have the option to appeal to the full 5th Circuit or even the U.S. Supreme Court.