Federal appeals court questions new Texas law targeting 'explicit' books
NEW ORLEANS (Nexstar) — Federal appellate judges questioned a new Texas law in court on Wednesday, which aims to get rid of "sexually explicit" books in public school libraries.
Federal judges inquired about the definitions outlined in House Bill 900, also known as the READER Act, which requires book distributors to rate books based on if they are deemed "sexually explicit," "sexually relevant," or give the book "no rating."
The law broadly defines “sexually explicit” as material that “describes, depicts, or portrays sexual conduct in a way that is patently offensive.”
In September, a U.S. District Judge blocked the enforcement of a new Texas law saying it violated free speech. The judge said the court did not dispute the state’s interest in protecting kids, but said the law was unconstitutionally vague.
"READER is not a book ban," said Kateland Jackson, Texas's assistant solicitor general. "The new law simply protects parents' rights to decide what materials their children will read in a public school library."
Library vendors have to create these book ratings for all materials sold to the state's school districts, as well as books that have already been in distribution.
The lawsuit was brought by Austin's BookPeople, along with Blue Willow Bookshop in Houston and other national organizations. BookPeople's CEO Charley Rejsek said the law's requirements are an impossible task for bookstores and will be costly for staff to implement.
"I really don't see a way for any of us to be able to comply with this law, as written," she said. "Not to mention just the amount of time it takes to read a book to be able to rate it."
HB 900 was passed this year during the regular legislative session. Opponents testified during committee hearings earlier this year saying that the law targets materials relating to the LGBTQ community and race. Its author, Rep. Jared Patterson, R-Frisco, defended the law on social media ahead of Wednesday's hearing.
“I fought for and passed landmark legislation eliminating sexually explicit content from public school libraries,” he wrote. “Please join me in prayer for victory tomorrow for Texas families who oppose the radical sexualization of our children.”
The panel of appellate judges did not indicate when or how they will rule after Wednesday's hearing.