Publishers, booksellers sue Texas over public school book ban
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[July 27, 2023]
By Joseph Ax
(Reuters) - A coalition of booksellers, authors and publishers has sued
Texas seeking to block a new state law that bans "sexually explicit"
books from public schools.
The law, which was passed by the Republican-controlled legislature in
May and is set to take effect in September, requires sellers to rate
books based on their references to sex and empowers the Texas Education
Agency to review those ratings. Vendors that do not participate will be
barred from selling any books to Texas schools. |
A Little Free Library, the local variation
of which has been dubbed "Little Banned Library" and which was designed
to look like a prison, invites residents to take books that the library
says have been challenged by schools across the state of Texas, in
Houston, Texas, U.S. May 3, 2023. REUTERS/Callaghan O'Hare/File Photo |
Any
books rated explicit cannot be sold to public schools and must
be recalled from libraries.
The law is one of several passed in Republican-controlled states
seeking to restrict books that conservatives say contain
age-inappropriate content on topics such as sex, LGBTQ issues
and race. Critics argue the bans are too subjective and amount
to politically driven censorship.
The new lawsuit, filed in Austin federal court on Tuesday,
asserts that the legislation "compels plaintiffs to express the
government's views, even if they do not agree," in violation of
the First Amendment's free speech protections.
The standards for what constitutes "explicit" material are also
unconstitutionally vague, according to the complaint.
"As guided by history and U.S. Supreme Court precedent, the
government should not dictate what is allowed in the marketplace
of ideas," the lawsuit said.
Republican Governor Greg Abbott has said the Texas law protects
children, declaring that it "gets that trash out of our schools"
when he signed it in June.
The Texas Education Agency and Abbott's office did not
immediately respond to requests for comment on Wednesday.
In May, the writers' group PEN America and others sued a Florida
school district for banning books dealing with LGBTQ and race
issues. Another lawsuit in Arkansas takes aim at a law that
requires libraries and bookstores to segregate any material that
could be "harmful" to minors in a separate area.
The American Library Association reported 1,269 demands to
censor library books and resources in 2022, the highest figure
since the organization began tracking such data more than 20
years ago.
(Reporting by Joseph Ax; Editing by Colleen Jenkins and Bill
Berkrot)
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