Overview
- The justices’ denial of review keeps 17 disputed titles off Llano County shelves after the Fifth Circuit overturned a 2023 order to restore them.
- The en banc court ruled 10–7 that patrons cannot invoke a First Amendment right to receive information to contest removals, deeming library curation government speech.
- Writing for the majority, Judge Stuart Kyle Duncan said “no one is banning” books and noted patrons can obtain titles online, from bookstores, or from friends.
- Free-expression and library groups, including PEN America and the American Library Association, criticized the outcome and warned it could spur broader removals.
- The Fifth Circuit’s decision binds Texas, Louisiana and Mississippi but does not set nationwide precedent as other challenges in different circuits advance.