A federal appeals court ordered eight of 17 books removed from a Texas library be returned to the shelves within 24 hours on Thursday, June 6. The court said books cannot be restricted based on whether someone dislikes the content, even if it does include “butts and farts.”
The ruling comes after parents in Llano County complained about some books in public libraries, including “I Broke My Butt!” and “Larry the Farting Leprechaun,” as well as a memoir on a transgender teen and two books on historical racism in the United States. Local officials ordered the removal of the books in question from library shelves.
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However, a group of seven library customers sued to reinstate the books on the grounds that the move violated the First Amendment. A district court then ruled that books cannot be banned or censored by the government based on content it dislikes, and the U.S. Fifth Circuit Court of Appeals upheld the ruling, forcing the library to reinstate some of the removed titles.
The books reinstated include the memoir of a transgender teen and the books on the history of racism in America.
The appeals court ruled that nine of the books could remain off the shelves pending the final outcome of a lawsuit over their removal.
One judge said he didn’t believe the books were removed because of the content.
“Viewpoints and ideas are few in numbers in a book titled ‘Gary the Goose and His Gas on the Loose’ — only juvenile, flatulent humor,” the judge wrote.
The judge who wrote the majority opinion for the court said that librarians are still able to remove books based on existing criteria — like if the literature is unpopular, outdated or damaged — regardless of the content.
Texas is no stranger to the fight over books. According to the American Library Association, Texas made 93 attempts to ban more than 2,300 books in 2022.
[LAUREN TAYLOR]
IT’S A FIRST AMENDMENT CASE THAT’S NO LAUGHING MATTER IN TEXAS.
A FEDERAL APPEALS COURT ORDERED EIGHT OF 17 BOOKS REMOVED FROM A LIBRARY MUST BE RETURNED TO THE SHELVES — INCLUDING BOOKS ABOUT QUOTE “BUTTS AND FARTS”.
THE COURT SAYING BOOKS CAN NOT BE RESTRICTED BASED ON WHETHER SOMEONE DISLIKES THE CONTENT.
THE RULING COMES AFTER PARENTS IN LLANO COUNTY COMPLAINED ABOUT SOME BOOKS IN PUBLIC LIBRARIES INCLUDING “I BROKE MY BUTT!” AND “LARRY THE FARTING LEPRECHAUN. AS WELL AS A MEMOIR ON A TRANSGENDER TEEN AND TWO BOOKS ON HISTORICAL RACISM IN AMERICA.
LOCAL OFFICIALS ORDERED THE BOOKS TO BE REMOVED FROM LIBRARY SHELVES.
LIBRARY CUSTOMERS SUED TO REINSTATE THE BOOKS, SAYING THE REMOVAL VIOLATED THE FIRST AMENDMENT.
A DISTRICT COURT RULED BOOKS CAN NOT BE BANNED OR CENSORED BY THE GOVERNMENT BASED ON CONTENT IT DISLIKES.
AND THE FIFTH CIRCUIT COURT OF APPEALS UPHELD THE RULING– FORCING THE LIBRARY TO REINSTATE SOME OF THE REMOVED TITLES.
THE COURT RULED 9 OF THE BOOKS COULD REMAIN OFF THE SHELVES PENDING THE FINAL OUTCOME OF A LAWSUIT OVER THEIR REMOVAL.
ONE JUDGE SAID HE DIDN’T BELIEVE THOSE BOOKS WERE REMOVED BECAUSE OF CONTENT, WRITING:
“VIEWPOINTS AND IDEAS ARE FEW IN NUMBERS IN A BOOK TITLED “GARY THE GOOSE AND HIS GAS ON THE LOOSE” — ONLY JUVENILE, FLATULENT HUMOR,” REFERRING TO ONE OF THE BANNED BOOKS.
THE JUDGE WHO WROTE THE MAJORITY OPINION SAID LIBRARIANS ARE STILL ALLOWED TO REMOVE TITLES BASED ON EXISTING CRITERIA.
FOR INSTANCE, IF THE LITERATURE IS UNPOPULAR, OUTDATED OR DAMAGED– BUT NOT BASED ON CONTENT.
TEXAS IS NO STRANGER TO THE FIGHT OVER BOOKS.
THE AMERICAN LIBRARY ASSOCIATION SAYS IN 2022, TEXAS MADE 93 ATTEMPTS TO BAN MORE THAN 23-HUNDRED BOOKS.
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