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Newsweek
30-05-2025
- General
- Newsweek
Censors Allowed to Remove Books From Libraries, Court Rules
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A federal appeals court has ruled that public library officials may remove books from shelves based on their content, the latest development in an ongoing national debate over censorship and free speech. On May 23, the Fifth Circuit Court of Appeals reversed a lower court's ruling that said the removal of books based on their content likely violated patrons' First Amendment right to access information. Why It Matters The ruling marks a significant shift in the legal interpretation of First Amendment protections in public libraries, which have long been considered bastions of free expression. By granting library officials powers to remove books they deem inappropriate or ideologically objectionable, the Fifth Circuit has potentially empowered local governments to suppress certain ideas from public access. What To Know The case stems from a dispute in Llano County, Texas, where officials removed 17 books from the public library system in 2021 after receiving complaints from residents. The titles included books about the history of racism in the U.S., such as They Called Themselves the K.K.K.; a sex-education book for preteens; and books with LGBTQ+ themes, including Being Jazz by transgender activist Jazz Jennings. The list also includes a series of children's books with titles such as I Broke My Butt! and Larry the Farting Leprechaun. Books at the Rice University Library in Houston on April 26, 2022. Books at the Rice University Library in Houston on April 26, 2022.A group of residents sued, arguing that removing the books was unconstitutional viewpoint discrimination. A district court agreed, ordering officials to return the books to library shelves. However, the Fifth Circuit Court of Appeals has reversed that ruling in a 10–7 decision. Judge Stuart Kyle Duncan wrote in a 60-page majority opinion that "plaintiffs cannot invoke a right to receive information to challenge a library's removal of books." He contended that libraries' collections were "for expressive purposes," meaning "their collection decisions are therefore government speech." The ruling goes against past interpretations of Supreme Court precedent, which have broadly protected against viewpoint-based censorship in libraries. What People Are Saying Elly Brinkley, PEN America's attorney for U.S. Free Expression Programs, said in a statement: "This astounding decision reveals either ignorance of the scale and danger of state censorship or deliberate indifference toward it. The record clearly shows that the government removed books based on politically-motivated viewpoint discrimination—a violation of constitutionally protected rights. "The court's embrace of the dangerous argument that the curation of library books constitutes 'government speech' immunizes state censorship from First Amendment scrutiny, essentially giving the government free rein to exert ideological control over what citizens can read in their public libraries." What Happens Next The Fifth Circuit's decision is binding in the states over which it has jurisdiction: Texas, Louisiana and Mississippi. However, the plaintiffs are expected to appeal the ruling, potentially setting the stage for a U.S. Supreme Court review that could define the future of content regulation in libraries across the country.
Yahoo
07-03-2025
- Yahoo
Llano County, former librarian Suzette Baker reach settlement in wrongful termination suit
Llano County has agreed to settle a lawsuit over its firing of librarian Suzette Baker amid a pressure campaign to remove several books from its public libraries, according to a Thursday court filing. While the county and Baker have tentatively agreed to the "material terms" of the settlement, details will not be made public until they are finalized, Baker's attorney told the American-Statesman. "We are pleased that defendants were willing to resolve this matter relatively early on in the litigation," said attorney Iris Halpern of Rathod Mohamedbhai, a firm based in Colorado, in response to an inquiry from the Statesman. The tentative agreement signals the end of a yearlong legal battle in U.S. District Court between Baker and Llano County officials, whom she accused of firing her in 2022 because she refused to pull library materials that a group of conservative activists had deemed inappropriate for children, some of which focused on race and LGBTQ+ experiences. The county eventually removed 17 books, ranging from the children's book 'I Broke My Butt!' to the nonfiction work 'Caste: The Origins of Our Discontent.' Outside of Baker's lawsuit, the county is still facing a federal First Amendment lawsuit over the book removals. The book removal campaign and resulting litigation have drawn national attention to Llano, a rural Texas community in the Hill Country about 80 miles northwest of Austin. The settlement announcement comes a day before a documentary film about Baker's story will be featured in the South by Southwest festival. Showings will take place Saturday and Sunday in Austin. Baker, a 57-year-old veteran and mother of five adult children, has worked as a cashier at a hardware store for the past year. In August, an Austin federal judge denied the county's motion to dismiss the lawsuit, making clear that officials would have to settle or take the case to trial. U.S. District Judge Robert Pitman wrote in the August order that Baker had plausible claims for First Amendment retaliation, wrongful termination and employment discrimination. The parties will notify the court of a final settlement and ask for the case to be dismissed within 45 days, as per Thursday's filing. Baker had sought back pay, attorney's fees and an injunction ordering the county to cease behavior that discriminates against minorities and suppresses residents' First Amendment rights in the lawsuit. The defendants in the case — the county, the Commissioners Court, the county's library director and several community activists who were appointed to the Library Advisory Board during the push for book removals — had categorically rejected Baker's claims for legal relief in their June 4 motion to dismiss the suit. Llano County did not immediately respond to the Statesman's request for comment. This article originally appeared on Austin American-Statesman: Texas county settles with librarian who sued over book-removal firing
