A 5th U.S. Circuit Court of Appeals panel in New Orleans heard oral arguments Wednesday for an appeal to overturn a judge’s order that Llano County officials return to shelves books they had removed. (TexasTribune)
"Seems obscene" says federal appeals court judge during hearing for Llano County library book removal caseCars pass by the Llano County Courthouse in Llano on Dec. 14, 2021. The Commissioners Court for Llano County voted to close the public library to "inventory and catalog" their books after community pushback related to books that some deemed offensive.
The Llano case has slowly unfolded and could potentially serve as a test of how the courts treat protections for libraries and librarians amid the trend of book challenges and efforts to ban them. The defendants argue that the books were removed during a regular process of checking library shelves, a process called weeding. Further, they say the books are available upon request.
While some of the contested books dealt with themes of race and sexuality, others covered lighter themes, like farting. “The first question is, I mean, on its face, why is removing pornography from a library an impermissible motive under the First Amendment?” Duncan asked. “Surely, a library — if it discovers it has pornography, whether that be on the shelves or on the internet — can remove it.”
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