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Federal Appeals Court Reconsiders Texas County Library Book Removal

Llano resident Emily Decker protests outside a Llano County Commissioner's Court meeting at the Llano County Law Enforcement Center, April 13, 2023, in Llano, Texas. A federal appeals court in

A federal appeals court in New Orleans is revisiting its decision regarding the removal of books from a public library in Llano County, Texas. The court had previously ordered the county to keep eight controversial books on the shelves, addressing topics such as sex, gender identity, and racism.

The dispute arose when Llano County officials removed 17 books from the library due to complaints about their content. Seven library patrons filed a lawsuit against the county, alleging that the removal of the books was unlawful. U.S. District Judge Robert Pitman ruled in favor of the patrons last year, ordering the books to be returned to the shelves.

Despite the ruling, county officials appealed the decision and argued that they have the authority to determine which books are suitable for the library. They contended that their choices are protected under the First Amendment as a form of government speech.

In a recent development, a panel of the 5th U.S. Circuit Court of Appeals initially ruled that eight of the books must be kept in the library, while nine others could remain off the shelves. However, this decision was overturned, and a new hearing before the full court was granted to Llano County officials.

The controversy surrounding the banned books includes titles such as 'They Called Themselves the K.K.K: The Birth of an American Terrorist Group' and 'It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health.' The court found that the removal of these books was motivated by officials' objections to their content.

While Judge Pitman's ruling was largely upheld by the 5th Circuit panel, there were differing opinions among the judges. Some expressed concerns about the nature of the removed books, suggesting that certain titles focused more on humor than substantive issues.

Following the decision to rehear the case, Llano County celebrated the opportunity to address alleged errors in the court's previous ruling. The outcome of this ongoing legal battle will have implications for the authority of local governments to regulate library collections and the protection of diverse viewpoints in public spaces.

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