A major legal decision handed down by the 5th Circuit Court of Appeals could reshape how schools and libraries handle book bans across the United States. The court ruled 2–1 that library patrons, including students and parents, cannot use the First Amendment to challenge book removals based on “right to receive information” claims.
The case, Gonzalez v. Llano County, centered on a Texas school district that removed several books dealing with race, LGBTQ+ identity, and historical trauma. Plaintiffs argued the removals violated their constitutional rights.
But the court disagreed. “The Constitution does not mandate a library to carry every book requested by every citizen,” wrote Judge Kyle Duncan. “There is no judicial remedy for simple disagreement with school board decisions.”
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Critics called the ruling a direct attack on intellectual freedom. “This gives a green light to politically motivated censorship,” said Deborah Caldwell-Stone of the American Library Association.
Education and civil rights groups fear the decision will embolden school boards across the South and Midwest to purge libraries of any book deemed controversial or ‘un-American.’
Legal experts say the issue is likely headed to the U.S. Supreme Court, which could set a national precedent in the coming year.
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