Texas county book ban could go to SCOTUS
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Illustration: Maura Losch/Axios
An ongoing dispute over which books belong on library shelves in a rural county 75 miles outside Austin could soon get a U.S. Supreme Court hearing.
Why it matters: The clash in Llano County pits First Amendment rights against parental controls and plays against the backdrop of book bans nationally.
Catch up quick: In fall 2021, the county ordered 17 books removed from libraries after conservative activists alleged they were "pornographic filth." A group of residents sued county officials in April 2022 in federal court over what they said was a "literary witch hunt."
- A federal judge in Austin in 2023 ruled for the residents, ordering the county to return to the public library system books they removed and allow them to be checked out again.
- This May, the 5th U.S. Circuit Court of Appeals ruled that the county's removal of certain books was government speech — and not subject to free speech challenges.
The latest: In September, the plaintiffs asked the Supreme Court to hear the case.
- "A citizen's right to be free from government censorship should not depend on the jurisdiction in which she resides," reads the petition.
The other side: County officials filed a response last month, saying that libraries "continually remove books from their collections to make room for new materials and ensure that their limited shelf space is reserved for materials of requisite quality and relevance to their communities."
Zoom in: Many of the books targeted were written by Latino or Black authors or have LGBTQ+ themes.
- They include "Caste: The Origins of Our Discontent" by Isabel Wilkerson, the coming-of-age novel "Lawn Boy" and the graphic novel-style memoir "Gender Queer.
- One librarian was fired and another resigned in protest over the book ban.
What's next: The justices generally consider the petition and replies roughly a month after the brief in opposition is submitted — which could be around Thanksgiving for the Llano County case.
- The Supreme Court will grant review and hear oral argument if at least four justices vote to do so.
Between the lines: In another book ban case, the 8th U.S. Circuit Court of Appeals last year came to a different conclusion, saying SCOTUS "has not extended the government speech doctrine to the placement and removal of books in public school libraries."
- Circuit splits, as they are known when similar cases find different outcomes in different parts of the country, tend to make it more likely the Supreme Court grants review.
The bottom line: Should the justices agree to hear the case, Llano County could be a critical testing ground for how much power elected officials have in removing books from library shelves nationwide.