Court Strikes Down Parts of Texas Law That Limited 'Explicit' Book Sales to Schools

A U.S. district court judge in Austin found the law violated First Amendment rights.

A federal judge has permanently blocked parts of a Texas law that required vendors to rate books for sexual content before selling them to schools, ruling the law unconstitutional. The judge found the law, known as the Restricting Explicit and Adult-Designated Educational Resources (READER) Act, violates the First Amendment because it compels speech, is overly vague, and constitutes an unconstitutional prior restraint. The ruling permanently enjoined the rating system provisions, but did not block a separate law (HB 183) that allows parents to review library materials and file complaints.  

Key details of the ruling:

• Law declared unconstitutional: 
  The READER Act (HB 900) was the focus of the ruling. 
• Unconstitutional provisions: 
  The judge permanently blocked the sections of the law that required booksellers to rate books for sexual content and recall "sexually explicit" materials sold to schools. 
• Reasons for the ruling: 
  The court agreed with plaintiffs that the law was unconstitutional because it:
  • Compelled speech from vendors. 
  • Was void for vagueness. 
  • Created an unconstitutional prior restraint on content. 
• Separate law remains: 
  The ruling did not block the enforcement of a different law, HB 183, which provides a separate process for parents to review library materials and file complaints with schools. 
• Plaintiffs and arguments: 
  The lawsuit was brought by booksellers, publishers, and authors who argued the law imposed "impossible obligations" on them and would lead to a chilling effect on the availability of books in schools. They also argued that the rating system was subjective and unworkable. 
• State's arguments rejected: 
  The court rejected Texas's arguments that the plaintiffs lacked standing or that the rating requirements were merely commercial speech. 

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