Library lawsuit stalls

A lawsuit filed by seven Llano County library patrons against the county, the library system and the library board is going back to square one before the U.S. Fifth Circuit Court of Appeals in New Orleans.

The suit, filed in April of 2021, claims 17 books were removed from the library system’s three branches based solely on the wishes of a few people who disapproved of the ideas presented. This, the plaintiffs claimed, violates freedom of speech and due process amendments to the Constitution.

U.S. District Judge Robert Pitman agreed early in 2023 and ordered the books back on the shelves. But the defendants appealed that decision and lawyers argued the case before the appeals court in June of last year.

Two members of a three-judge panel agreed that eight of the books should go back on the shelves; a third judge dissented, saying the court shouldn’t become “library police.”

The majority opinion noted that “The 17 books at issue here were removed after constituents complained that they were ‘pornographic filth’ inappropriate for children. Specifically, ... the ... objectors were concerned about young readers accessing critical race theory, facts about sexuality, stories about gender dysphoria, and images that purportedly promote ‘grooming’ behavior.”

Dissenting judge Stuart Kyle Duncan wrote, “What a train wreck. It has never been the law that the Free Speech Clause bars a public library from selecting or removing books based on content or viewpoint.”

One of the judges – it wasn’t announced who – asked for the case to go to the entire 15-judge court, known legally as “en banc.”

Last week the court set a hearing for late in September without nailing down an exact date.

“They set it for the week of September 23 without naming a date,” said Katherine Chiarello, lawyer for the plaintiffs.

It’s not clear whether the circuit court judges will read previous materials, including oral arguments, or will want the case to be argued virtually from the beginning.

The case has drawn national attention, with librarians and progressive organizations condemning the removal of the books as censorship.

Those who support removing books contend that libraries should shield children from sexually-explicit and age-inappropriate materials as well as from perceived indoctrination about transgenderism and homosexuality.