Plaintiffs claimed the 2023 law, which required book vendors to rate the explicitness of sexual references in materials sold to schools, was unconstitutionally broadThe 5th U.S. Circuit Court of Appeals blocked the Texas Education Agency on Wednesday from enforcing a state law requiring booksellers to rate the explicitness and relevance of sexual references in materials they sell to schools.violated their First Amendment rights.
The plaintiffs — which include bookshops in Houston and Austin, the American Booksellers Association, the Association of American Publishers and the Authors Guild — argue that it is logistically impossible and cost-prohibitive to comply with the law. Plaintiffs originally sued Keven Ellis, chair of the Texas Board of Education, and Martha Wong, chair of the Texas State Library, alongside Morath. The 5th Circuit on Wednesday dismissed claims against Ellis and Wong because those officials don’t have purview over the book ratings that the court found to be unconstitutional.
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