98 F.4th 657
5th Cir.2024Background:
- The case involves a challenge to the Texas READER Act, which restricts public school libraries from acquiring or possessing books with sexually explicit content.
- The Act also requires book vendors selling to public schools to rate and report materials as "sexually explicit" or "sexually relevant."
- Plaintiffs, including booksellers and publishers' associations, challenged the Act on First Amendment grounds.
- The district court found in favor of the plaintiffs, ruling some aspects of the law unconstitutional.
- Defendants, Texas state officials, appealed and sought rehearing en banc in the Fifth Circuit.
- The en banc rehearing was denied by a narrow 9-8 vote; a strong dissent argued for upholding the Act.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compelled Speech | Vendors are unconstitutionally compelled to rate/classify books | The Act only asks for disclosure to enable school purchases | Compelled speech found, panel sided with plaintiff |
| First Amendment Protection | The Act exceeds permissible regulation of speech | Act is within state's power to protect children from explicit material | The Act violates the First Amendment |
| Vendor Participation | Mandates participation for doing business with schools | Vendors can choose not to respond or not sell to schools | Decision against compelled participation |
| Role of State as Consumer | State's consumer status does not eliminate speech issues | State as consumer, not as regulator, justifies the inquiry | Court rejected this argument |
Key Cases Cited
- Ginsberg v. New York, 390 U.S. 629 (states may regulate availability of sexually explicit material to minors)
- FCC v. Pacifica Found., 438 U.S. 726 (government can restrict indecent material to protect children)
- New York v. Ferber, 458 U.S. 747 (legislation aimed at protecting youth upheld even when affecting constitutional rights)
- Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675 (schools can remove vulgar materials from libraries)
- Bd. of Educ. v. Pico, 457 U.S. 853 (authority of school boards in removing library books discussed)
- W.V. State Bd. of Educ. v. Barnette, 319 U.S. 624 (compelled speech doctrine)
- Wooley v. Maynard, 430 U.S. 705 (government compelling ideological speech is unconstitutional)
- 303 Creative LLC v. Elenis, 600 U.S. 570 (compelled speech protection under the First Amendment)