23-12532
Book People, Inc. v. Wong
U.S. Court of Appeals, Fifth Circuit · Texas
Booksellers challenged Texas Education Code sections 35.001-35.003 (vendor rating/recall requirements for 'sexually explicit' library materials). Fifth Circuit granted preliminary injunction, finding the law likely violates the First Amendment.
Filed
Sep 1, 2023
Decided
Jan 17, 2024
Plaintiff type
bookseller
Plaintiff
Book People, Inc.; Blue Willow Bookshop; American Booksellers Association
Defendant
Mike Wong (Texas Education Commissioner)
Outcome
Sections 35.001, 35.002, 35.0021, 35.003 of Texas Education Code ENJOINED. Vendor rating requirements unenforceable. 91 F.4th 318 (5th Cir. 2024).
Laws challenged
Relating to the regulation of library materials sold to or included in public school libraries.
Challenges vendor rating requirements that interact with HB 900
Notes
Referenced in Leander ISD TASB policy EFB(LEGAL) as editorial note. The enjoined sections required vendors to rate books as 'sexually explicit' or 'sexually relevant' and recall sexually explicit material from school libraries.