Tipsheet

Booksellers, Publishers Sue to Stop Law Restricting Sexually Explicit Library Materials in Schools

Madeline Leesman
Madeline Leesman  |  July 27, 2023 11:00 AM

Several Texas bookstores, bookseller associations and publishers filed a federal lawsuit this week over a law that will ban sexually explicit materials from school libraries.

The law, House Bill 900,  was signed into law by GOP Gov. Greg Abbott this year. It will take effect Sept. 1. The impending law requires book vendors to assign ratings to books, labeling specific titles as “sexually relevant” or “sexually explicit.” Content that is deemed “sexually relevant” will be permitted in schools, but students would need parental consent to read the books. Titles that are “sexually explicit” will be banned from schools. According to the law, this is defined as material that “describes, depicts, or portrays sexual content in a way that is patently offensive.” 

Reportedly, booksellers, publishers, and other companies will be required to put these labels on thousands of books already sold and those that will be sold going forward. If the companies do not comply, schools will no longer be permitted to do business with them.

According to The Texas Tribune, the plaintiffs include two Texas-based bookstores, the American Booksellers Association, the Association of American Publishers, the Authors Guild and the Comic Book Legal Defense Fund. 

“It is central to the First Amendment that the government can neither restrain nor compel speech, but this law will force booksellers to label constitutionally protected works of literature and nonfiction with highly subjective and stigmatizing ratings, effectively forcing private actors to convey and act upon the government’s views even when they disagree,” the plaintiffs said in a joint statement this week. "The suit filed today seeks to protect the basic constitutional rights of the plaintiffs and restore the right of Texas parents to determine what is age appropriate and important for their children to access in their schools, without government interference or control.”

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The Tribune noted that the official complaint was filed in federal court in Austin. It argues that H.B. 900 violates the First Amendment and the 14th Amendment.

“The book ban establishes an unconstitutional regime of compelled speech, retaliation, and licensing that violates clear First Amendment precedent and this country’s history of fostering a robust marketplace of ideas,” the complaint says.

H.B. 900 clearly states that “obscene content is not protected by the First Amendment to the United States Constitution…parents are the primary decision makers regarding a student's access to library materials.”