How a Single Court Case Could Determine the Future of Book Banning in America; Literary Hub, June 17, 2025

 Anthony Aycock, Literary Hub; How a Single Court Case Could Determine the Future of Book Banning in America

"Bottom line: in Texas, Louisiana, and Mississippi–the states covered by the Fifth Circuit–libraries are free to remove books for any reason. 

The plaintiffs now face a choice: accept the Fifth Circuit’s ruling or appeal to the Supreme Court. If there is an appeal, the court may not accept it. Over 7,000 cases are appealed to the high court each year, and it hears only 100-150–less than two percent. Yet I think Little v. Llano County has a good chance of making the docket. 

For one thing, the Fifth Circuit’s en banc reversal of its own panel’s ruling suggests the need for the high court to step in. Second, this Supreme Court has been eager to revisit earlier precedents. In the last few years, it has curtailed abortion protections, ended Chevron deference, and canceled affirmative action in college admissions–all long-standing, seemingly bedrock principles. Why not target Pico, especially since it wasn’t a decisive ruling to begin with?

Third, unlike most book ban cases, Little pertains not to a school library but a public one. Public libraries, according to UCLA professor Eugene Volokh, are not like school libraries. “I tentatively think a public school,” Volokh wrote, “is entitled to decide which viewpoints to promote through its own library,” whereas public libraries “are much more about giving more options to readers, rather than about teaching particular skills and attitudes to students.” 

Public libraries also serve more people–an entire county rather than a school system. Remember Judge Duncan’s belief that anyone who wants a certain book “can buy it or borrow it from somewhere else”? Llano County is small and rural, and many of its residents may not have the purchase option. For them, a book being unavailable in a library is a de facto ban. The pro-library organization EveryLibrary agrees, writing that the Fifth Circuit’s opinion “reveals an indifference to the lived reality of millions of Americans for whom public libraries are their only or primary means of access to books.” 

Here’s hoping that, if Little or any other book ban case ends up before this Supreme Court, those nine justices will consider the issue thoughtfully, creatively, and most important, impartially."

Appeals Court Ruling Raises Bar for Challenging School Book Bans; EducationWeek, May 28, 2025

Mark Walsh , EducationWeek; Appeals Court Ruling Raises Bar for Challenging School Book Bans

[Kip Currier: Judge Stuart Kyle Duncan's majority opinion statements that "“Removing a library book does not deny anyone the chance to read it...“The book has not been ‘banned.’ …People who want the book can buy it or borrow it from somewhere else.” are disingenuous and elitist. The reality is that the book has been made inaccessible.

The chief rationale for having a school library is to enable students to be able to access information and materials like books. Taxpayer monies support the acquisition of materials for school libraries. So requiring a student and their family to have to resort to buying a book that the school library would arguably be likely to have is inequitable. A hypothetical student's family's tax dollars support the purchase of school library books. However, the state's stance requires that family (or any other family!) to elect to spend additional monies on a book that their child may want to read or forego access to that book. The other option, as Judge Duncan notes, is to try to borrow that book from somewhere else, which in and of itself raises obstacles. Either way, these are unethical barriers to information that only some students are required to navigate, while other students have unfettered access to state-favored resources. That's censorship and treats some people disparately from others.

The court's rationale is also inherently problematic and potentially unconstitutional as viewpoint discrimination because the court's position prioritizes the views of some books over others. It is acknowledged that no library is able to purchase and provide access to every book. Yet, this policy favors some students and families over others by the nature of the resources that tend to be removed under bans of this nature, i.e books that include references to issues and characters of color or that are LGBTQ+-related.]

[Excerpt]

"The court’s 100-page decision in Little v. Llano Countydevotes much discussion to school library book challenges. Notably, the court expressly overruled its own 1995 precedent that suggested students could challenge the removal of books in their schools.

“Removing a library book does not deny anyone the chance to read it,” says the majority opinion by Judge Stuart Kyle Duncan, an appointee of President Donald Trump. “The book has not been ‘banned.’ … People who want the book can buy it or borrow it from somewhere else.”

The majority also rejected the U.S. Supreme Court’s 1982 decision in Board of Education, Island Trees Union Free School District v. Pico, which stemmed from a New York state school district’s 1976 removal of books from school libraries including Black Boy by Richard Wright, Soul On Ice by Eldridge Cleaver, and Go Ask Alice by an anonymous author."

Demonstrators hold silent protests at 17 North Dakota libraries to oppose bill removing content; North Dakota Monitor, March 3, 2025

MICHAEL ACHTERLING, North Dakota Monitor ; Demonstrators hold silent protests at 17 North Dakota libraries to oppose bill removing content

"About 1,000 silent protesters read from their books in front of North Dakota libraries Saturday to protest a bill that would force the removal of sexually explicit and obscene content from school and public libraries.

Senate Bill 2307, sponsored by Sen. Keith Boehm, R-Mandan, would force the removal of that content from public areas of the library to areas “not easily accessible” to minors. The bill passed the Senate in February on a 27-20 vote and will now be considered by the House of Representatives. 

Right to Read ND, an organization opposing library censorship, led the reading protests at 17 libraries across the state with the largest drawing an estimated 275 people at the Bismarck Veterans Memorial Public Library."

Texas book ban law causes a school district to remove Bible from libraries; The Guardian, December 30, 2024

Emily Swanson , The Guardian; Texas book ban law causes a school district to remove Bible from libraries

"While the state adopted library standards inclusive of HB900 last December, the fifth circuit has since blocked the part of the law requiring vendors to rate materials. Most of the rest of the law remains intact.

HB900 is being challenged in the US district court for the western district of Texas by bookshops in Houston and Austin, the American Booksellers Association, the Association of American Publishers, the Authors Guild and the Comic Book Legal Defense Fund, which have collectively filed suit against Texas school board and library officials.

The complaint says the “overbroad language of the Book Ban could result in the banning or restricting of access to many classic works of literature, such as ‘Twelfth Night,’ ‘A Midsummer Night’s Dream’ … ‘The Canterbury Tales,’ ‘I Know Why the Caged Bird Sings,’ and even the Bible.”

The complaint argues that HB900 “harkens back to dark days in our nation’s history when the government served as licensors and dictated the public dissemination of information”."

Florida again argues books ban are 'government speech,' not prohibited by First Amendment; Tallahassee Democrat, November 19, 2024

 Douglas Soule, USA TODAY NETWORK via Tallahassee Democrat; Florida again argues books ban are 'government speech,' not prohibited by First Amendment

"In yet another case, Florida's government is arguing that book removals in public schools are "government speech," meaning they are unrestricted by the First Amendment.

It's a controversial legal argument, which free speech advocates have called "authoritarian," but one that the state has been particularly passionate about over the last year. Attorney General Ashley Moody's office even recently sent a representative to make it on behalf of a Texas community's public library...

The state's defense of the law and the book removal decisions by school districts goes beyond the government speech argument. It also argues that governments don't even have an obligation to "provide benefits" such as school libraries."

Florida county restoring dozens of books to school libraries after ‘book ban’ lawsuit; Politico, September 12, 2024

ANDREW ATTERBURY, Politico; Florida county restoring dozens of books to school libraries after ‘book ban’ lawsuit

"A northeast Florida school district this week agreed to restore 36 books that were challenged and previously pulled from campus libraries in a settlement of a federal lawsuit fighting how local officials carried out the state’s policies for shielding students from obscene content.

The settlement reached by Nassau County school officials and a group of parents, students and the authors of the removed children’s book “And Tango Makes Three” marks a significant twist in the ongoing legal battles surrounding Florida’s K-12 book restrictions, which have been derided as “book bans” by opponents. Under the agreement, that book and others such as the “The Bluest Eye” by Toni Morrison and the “The Clan of the Cave Bear” by Jean Auel will once again be available to students after being removed last year...

As part of the agreement, Nassau school officials acknowledged that “And Tango Makes Three” — a kids book about a penguin family at New York’s Central Park Zoo with two dads — contains no “obscene” material and is suitable for students of all ages. This book and the authors are also plaintiffs in a separate lawsuit challenging how the work was removed from school libraries in Escambia County, a case that remains ongoing. 

These federal lawsuits target how local school boards are enacting policies crafted by Republican lawmakers and Gov. Ron DeSantis’ administration — specifically how parents and others can raise objections about potentially inappropriate books at schools."

Major publishers sue Florida over ‘unconstitutional’ school book ban; The Guardian, August 30, 2024

Richard Luscombe  , The Guardian; Major publishers sue Florida over ‘unconstitutional’ school book ban

"Six major book publishers have teamed up to sue the US state of Florida over an “unconstitutional” law that has seen hundreds of titles purged from school libraries following rightwing challenges.

The landmark action targets the “sweeping book removal provisions” of House Bill 1069, which required school districts to set up a mechanism for parents to object to anything they considered pornographic or inappropriate.

A central plank of Republican governor Ron DeSantis’s war on “woke” on Florida campuses, the law has been abused by rightwing activists who quickly realized that any book they challenged had to be immediately removed and replaced only after the exhaustion of a lengthy and cumbersome review process, if at all, the publishers say.

Since it went into effect last July, countless titles have been removed from elementary, middle and high school libraries, including American classics such as Brave New World by Aldous Huxley, For Whom the Bell Tolls by Ernest Hemingway and The Adventures of Tom Sawyer by Mark Twain.

Contemporary novels by bestselling authors such as Margaret Atwood, Judy Blume and Stephen King have also been removed, as well as The Diary of a Young Girl, Anne Frank’s gripping account of the Holocaust, according to the publishers."

Banishing Captain Underpants: An investigation of the 3,400 books pulled in Iowa.; Des Moines Register via USA Today, June 6, 2024

Samantha HernandezTim WebberChris HigginsPhillip SitterF. Amanda TugadeKyle WernerDes Moines Register via USA Today; Banishing Captain Underpants: An investigation of the 3,400 books pulled in Iowa.

"The data also exposes the breadth of pulled books, including the American classic “To Kill a Mockingbird” by Harper Lee, the Newbery Medal novel “The Giver” by Lois Lowry and “Captain Underpants and the Sensational Saga of Sir Stinks-A-Lot,” a popular children's book with an LGBTQ+ character, by Dav Pilkey.

The removals in Iowa are emblematic of a national trend in which thousands of unique titles – many of them classics or modern children's favorites – are being targeted for removal from public schools and libraries. Data from the American Library Association shows a dramatic increase in book removals in recent years: In 2022, 2,571 titles were targeted, which was, at the time, a record high. Last year, the number soared to 4,240 unique books, the ALA found."

Book about book bans banned by Florida school board; The Guardian, June 11, 2024

Erum Salam , The Guardian; Book about book bans banned by Florida school board

"A book about book bans has been banned in a Florida school district.

Ban This Book, a children’s book written by Alan Gratz, will no longer be available in the Indian River county school district since the school board voted to remove the book last month."

Public Libraries Saw 92 Percent Increase In Number of Titles Targeted for Censorship Over The Previous Year; American Library Association (ALA) Press Release, March 14, 2024

American Library Association (ALA) Press Release; Public Libraries Saw 92 Percent Increase In Number of Titles Targeted for Censorship Over The Previous Year

"The number of titles targeted for censorship surged 65 percent in 2023 compared to 2022, reaching the highest levels ever documented by the American Library Association (ALA). The new numbers released today show efforts to censor 4,240 unique book titles* in schools and libraries. This tops the previous high from 2022, when 2,571 unique titles were targeted for censorship. 

ALA’s Office for Intellectual Freedom documented 1,247 demands to censor library books, materials, and resources in 2023. Four key trends emerged from the data gathered from 2023 censorship reports: 

• Pressure groups in 2023 focused on public libraries in addition to targeting school libraries. The number of titles targeted for censorship at public libraries increased by 92 percent over the previous year; school libraries saw an 11 percent increase.
• Groups and individuals demanding the censorship of multiple titles, often dozens or hundreds at a time, drove this surge.  
• Titles representing the voices and lived experiences of LGBTQIA+ and BIPOC individuals made up 47 percent of those targeted in censorship attempts. 
• There were attempts to censor more than 100 titles in each of these 17 states: Colorado, Connecticut, Florida, Idaho, Illinois, Iowa, Kentucky, Maryland, Missouri, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Utah, Virginia, and Wisconsin.

“The reports from librarians and educators in the field make it clear that the organized campaigns to ban books aren’t over, and that we must all stand together to preserve our right to choose what we read,” said Deborah Caldwell-Stone, director of ALA’s Office for Intellectual Freedom. “Each demand to ban a book is a demand to deny each person’s constitutionally protected right to choose and read books that raise important issues and lift up the voices of those who are often silenced.  By joining initiatives like Unite Against Book Bans and other organizations that support libraries and schools, we can end this attack on essential community institutions and our civil liberties."

ALA will unveil its highly anticipated list of the top 10 most challenged books in the U.S. on Monday, April 8, which is Right to Read Day of National Library Week, along with its full State of America's Libraries Report.

"Every challenge to a library book is an attack on our freedom to read. The books being targeted again focus on LGBTQ+ and people of color. Our communities and our country are stronger because of diversity. Libraries that reflect their communities' diversity promote learning and empathy that some people want to hide or eliminate,” said ALA President Emily Drabinski. “Libraries are vital institutions to each and every community in this country, and library professionals, who have dedicated their lives to protecting our right to read, are facing threats to their employment and well-being." 

In response to the surge of book challenges and efforts to restrict access to information, ALA launched Unite Against Book Bans, a national initiative to empower readers everywhere to stand together in the fight against censorship. The coalition will mark its second anniversary during National Library Week.

For more information about ALA and its intellectual freedom efforts, visit www.ala.org. For a breakdown for censorship challenges by state visit this heat map."

The librarian who couldn’t take it anymore; The Washington Post, November 11, 2023

Ruby Cramer, The Washington Post; The librarian who couldn’t take it anymore

"When she had decided to become a librarian almost 10 years ago, it was for a simple reason: She loved to read. Now she watched as the work she did at a high school in Central Florida became part of a national debate. There were fights going on over democracy and fascism. There were parents and school board members arguing on social media and in meetings. Florida Gov. Ron DeSantis (R) wasn’t just passing laws but using them to run for president. To Tania, the pure act of reading was becoming more and more political, and as a result, she had to spend much of her time reviewing the books on her shelves — not to suggest one to a student but to ask herself whether the content was too mature for the teenagers at her school. Then she had moved on to the books in each teacher’s classroom, because as of this year, the state considered those books to be part of the library, too.

All of this took time. The librarian’s job was expanding even as she felt it was shrinking to a series of rote tasks: She would copy a book’s ISBN number into a peer-review database. She would decide whether to mark it with the thumb-size red sticker, provided to her by the district, that read “M” for “mature.” If a book wasn’t listed in a database, she would review it by hand, and then she would start again with the next book. In those hours, the job became a series of keystrokes, and she began to feel more like a censor than a librarian...

Somewhere else in the school, interviews were going on for her replacement. Three candidates were coming in. The principal had asked Tania to send him interview questions. She emailed her district supervisor for ideas and received a document in her inbox, the list of questions they kept on file.

“What do you see as the role of the librarian in the school setting?”

“What kind of library attracts students, staff and parents?"

Nothing about the laws, nothing about reviewing books, nothing about book bans at all. Tania scrolled through the questions and added one more. “What is your stance on Censorship?” she wrote, though she had no way of knowing whether it would be asked, or how the next librarian might answer."

Federal judge blocks enforcement of Iowa’s book ban law; Iowa Public Radio, December 29, 2023

 Grant Gerlock, Iowa Public Radio ; Federal judge blocks enforcement of Iowa’s book ban law

"A federal judge has blocked the state of Iowa from enforcing major portions of an education law, SF 496, which has caused school districts to pull hundreds of books from library shelves.

The temporary injunction prevents enforcement of a ban on books with sexually explicit content, which the judge in the case said likely violates the First Amendment. It also blocks a section barring instruction relating to sexual orientation and gender identity in elementary school, which he called “void for vagueness.”

The decision follows a hearing last week that combined arguments from two separate challenges against the law signed by Gov. Kim Reynolds in May. A lawsuit brought by LGBTQ students calls the law discriminatory while another from a group of educators and the publisher Penguin Random House claims it violates their freedom of speech.

Enforcement provisions in the law that apply to book removals were set to take effect January 1...

Judge Stephen Locher said in his ruling released late Friday afternoon that the court was unable to find another school library book restriction “even remotely similar to Senate File 496.” Where lawmakers should use a scalpel, he said, SF 496 is a “bulldozer” that has pulled books out of schools that are widely regarded as important works.

“The underlying message is that there is no redeeming value to any such book even if it is a work of history, self-help guide, award-winning novel, or other piece of serious literature,” Locher wrote. “In effect, the Legislature has imposed a puritanical ‘pall of orthodoxy’ over school libraries.”"

Adults have a lot to say about book bans — but what about kids?; NPR, October 4, 2023

 Elizabeth Blair, NPR; Adults have a lot to say about book bans — but what about kids?

"There's a lot of discussion and debate about the rise in efforts to remove certain books from school libraries and curriculums. It usually involves adults debating the issue — but it's kids who are affected.

So how do young readers feel about book bans? We asked some.

We spoke with Sawyer, 12, from Arlington, Va., Theo, 9, from St. Louis, Mo., Priya, 14, and Ellie, 14, both from Austin, Texas. To protect their privacy, we're only using their first names."

Which banned books have been removed from Iowa schools? Our updated database lists them; Des Moines Register, October 16, 2023

Tim Webber, Des Moines Register; Which banned books have been removed from Iowa schools? Our updated database lists them

"A new law approved this year by Gov. Kim Reynolds and Iowa’s Republican-controlled Legislature has already resulted in the removal of hundreds of books from school libraries throughout Iowa, according to data obtained by the Des Moines Register, and that number could reach the thousands by the start of the new calendar year. 

Senate File 496, signed into law by Reynolds in May, bans books with descriptions or depictions of sex acts from school libraries and prohibits instruction on gender and sexual identity until seventh grade, among other effects.

Since then, schools have worked throughout the summer and into the new school year to meet the law’s new restrictions, with the process still ongoing in many districts...

Which books have been pulled from the shelves in my Iowa school district?

Through Wednesday morning, 24 school districts have sent the Register a list of books that have been removed from their schools’ shelves.

They can be viewed in this database, or you can use the quick search tool below. The database groups together graphic novels, translations and other direct adaptations with the original work. Additionally, note that some school districts have removed books as a precautionary measure as they determine whether they can be returned to the shelves...

Together, more than 450 individual works by more than 300 authors have already been pulled from the shelves of Iowa school districts as a result of Senate File 496. Our database will continue to be updated as we receive more lists from districts around the state."

Children and parents begin uphill fightback against book bans in Florida; CNN, October 6, 2023

 Elle Reeve and Samantha Guff, CNN; Children and parents begin uphill fightback against book bans in Florida

"Now that books are being banned and disappearing from school libraries, students and parents are showing up to school board meetings in Florida to argue for access to books that take on difficult subjects. But they are losing out to a new state law that makes it easier for opponents to get books off shelves."

Book Bans Are Rising Sharply in Public Libraries; The New York Times, September 21, 2023

 Elizabeth A. Harris and Alexandra Alter, The New York Times ; Book Bans Are Rising Sharply in Public Libraries

"More than two years into a sharp rise in book challenges across the United States, restrictions are increasingly targeting public libraries, where they could affect not only the children’s section but also the books available to everyone in a community.

The shift comes amid a dramatic increase in efforts to remove books from libraries, according to a pair of new reports released this week from the American Library Association and PEN America, a free speech organization.

The A.L.A. found that nearly half the book challenges it tracked between January and August of this year took place in public libraries, up from 16 percent during the same period the year before. The association reported nearly 700 attempts to censor library materials, which targeted more than 1,900 individual titles — more than during the same period in 2022, a year that saw the most titles challenged since the organization began tracking the data.

Most of the challenged books were by or about people of color or L.G.B.T.Q. people.

“A year, a year and a half ago, we were told that these books didn’t belong in school libraries, and if people wanted to read them, they could go to a public library,” said Deborah Caldwell-Stone, the director of the A.L.A.’s Office for Intellectual Freedom. “Now, we’re seeing those same groups come to public libraries and come after the same books, essentially depriving everyone of the ability to make the choice to read them.”"

Warren County tries to control local library in LGBTQ+ book debate; The Washington Post, September 15, 2023

 Gregory S. Schneider, The Washington Post; Warren County tries to control local library in LGBTQ+ book debate

"Warren County supervisors, under pressure from a group of conservative activists who want to remove LGBTQ+ materials from children’s sections of the library, withheld three-quarters of Samuels’s operating funds from the budget that went into effect July 1. Library leaders tightened parental controls, but the activists’ attacks broadened, until the county proposed a fundamental change in the way the library operates.

If the library cedes greater control to the county over which books stay and go, the budget woes would go away. But the Samuels board of trustees voted 11-1 Thursday to stand their ground, defending their book selection policies as protecting the interests of vulnerable minority groups in the community and fairly representing everyone.

“We don’t want to get sued and we don’t want to discriminate,” Melody Hotek, president of the board of trustees, said earlier in an interview with The Washington Post. “So we’re holding the line.”

The standoff in Front Royal is the first example in Virginia of attacks on books threatening the operation of a public library. Most fights over literature have taken place in school libraries, part of a national movement by conservative activists seeking to ban or restrict access to books they find objectionable. A few other Virginia counties have wrestled with objections to LGBTQ+ or sexually explicit content in public libraries, but none has yet resulted in a battle for funding."

AI Is Being Used to Ban Books From School Libraries; Gizmodo, August 15, 2023

 Mack DeGeurin, Gizmodo; AI Is Being Used to Ban Books From School Libraries

"You can add regressive academic censorship to the list of unintended use cases for ChatGPT-like artificial intelligence models. In Iowa, a school district reportedly deployed AI software to identify and remove 19 books in order to comply with legislation prohibiting titles with “descriptions or visual depictions of a sex act” from school libraries. The law has already led to the hasty removal of crucial 20th-century literary classics like Maya Angelou’s Where the Caged Bird Sings, and Toni Morrison’s Beloved, among others. AI models scanned libraries’ books for sexual content and flagged them to administrators.

The Mason City Community School District, according to local paper, The Gazette, reportedly used an unnamed AI software to scan school library books ahead of the 2023-2024 academic year. Board members reportedly compiled a list of “commonly challenged books” and used the AI system to scan the list for supposed sexual content. Those flagged books were then removed from 7-12th grade school library collections and “stored in the Administrative Center.” These 19 books were removed following the AI analysis, according to The Gazette."