Texas county asserts its authority to remove books on sex, gender, and racism, appeals court told

A Texas county is embroiled in a legal battle over the removal of 17 books from its library shelves, sparking a heated debate over censorship and freedom of speech. The books in question cover a range of topics including humor, flatulence, sex, gender identity, and racism. The dispute has led to a lawsuit filed by library patrons against officials in the Llano County library system and the county government.

In 2023, a federal district judge in Texas issued a preliminary injunction ordering the return of the books that were removed, following the lawsuit by library patrons. However, a subsequent ruling by three judges of the 5th U.S. Circuit Court of Appeals in June resulted in a split decision on the issue. The judges had differing opinions on how many books should be allowed back on the shelves, ranging from all 17 to only eight.

The full court ultimately decided to rehear the case after overturning the initial ruling to keep eight books on the shelves. During the recent hearing, 17 full-time judges of the 5th Circuit, along with a senior judge, Jacques Wiener, scrutinized arguments from both sides. The judges raised questions about whether the county’s decisions on which books to include in the library’s collection constituted protected government speech or censorship of unpopular ideas.

Among the books at the center of the controversy are “Caste: The Origins of Our Discontent” by