TheU.S. Supreme Courton Dec. 8declined to hear an appealby a group of Texas residents challenging a local decision to remove more than a dozen books from public libraries, allowing the disputed books to remain off shelves.
Thematter started in 2021when a group of residents in Llano County, northwest of Austin, asked the county's library commissioner to remove from circulation 17 books that covered topics including transgender issues and slavery.
The library commission ordered librarians to comply with the demands, prompting a different group of county residents to sue on First Amendment grounds.
A federal judgeordered county officials to restore the booksto the library system in 2023, but that decision was laterreversed by the 5thU.S. Circuit Court of Appeals, whose decisions apply to Texas, Louisiana and Mississippi.
The court dismissed the residents' free speech claims in its May 23 order, saying that the First Amendment does not permit them to "invoke a right to receive information to challenge a library's removal of books."
The order went on to say that the curation of public library collections is a form of government speech.
"No one is banning – or burning – books," the court said. "If a disappointed patron can't find a book in the library, he can order it online, buy it from a bookstore, or borrow it from a friend."
The court said the county was simply making curation decisions, as it is entitled to do.
"That is what it means to be a library – to make judgments about which books are worth reading and which are not, which ideas belong on the shelves and which do not," the appeals court said. "If you doubt that, next time you visit the library, ask the librarian to direct you to the Holocaust Denial Section."
The Supreme Court's decision not to hear the case means the 5th U.S. Circuit Court of Appeals ruling stands.
The issue of banning books has played out across the United States, particularly in public school libraries. More than 3,700 unique books were banned during the 2024-2025 school year,according to PEN America. The organization found 6,870 total instances of book banning in that time period.
Contributing: Reuters
BrieAnna Frank is a First Amendment reporter at USA TODAY. Reach her atbjfrank@usatoday.com.
USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.Funders do not provide editorial input.
This article originally appeared on USA TODAY:Supreme Court won't take Texas book ban case, keeping titles off shelves
