BHB FIGHTS AGAINST CENSORSHIP IN PUBLIC LIBRARIES AS FIFTH CIRCUIT COURT OF APPEALS PROHIBITS BOOK BANS
BHB represents seven courageous book lovers and library patrons (the “Llano Seven”) seeking to enforce their First Amendment right to receive information and be free of government censorship in their public library. We obtained a preliminary injunction in the lower court barring local government officials’ removal of the censored books—largely covering racial justice, L.G.B.T.Q. issues, and body image issues—and won a monumental affirmance of that decision in the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit agreed with the District Court’s injunction, reinforcing the principle that the First Amendment protects not only the right to free speech, but also the right to receive information.
A majority of the Fifth Circuit panel held that “a book may not be removed for the sole—or a substantial—reason that the decisionmaker does not wish patrons to be able to access the book’s viewpoint or message.” BHB is now preparing to maintain these victories when the preliminary injunction appeal was reheard en banc in September 24, 2024.
“The Court’s decision reaffirms that the government cannot tell citizens what they can or cannot read. Censorship has no place in a free land.”
Co-Counsel: Botkin Chiarello Calaf
Important Documents:
The Fifth Circuit Court’s Opinion: Little, et al. v. Llano County, et al., Case No. 23-50224 (5th Cir.)
Federal District Court’s Order: Little, et al v. Llano County et al, Case No. 5:22-cv-00400 (W.D. Tex.)
Media Coverage: Bloomberg Law, Law.com, Reuters, The Guardian, Associated Press / Associated Press en banc coverage, and Publishers Weekly