Small bookstores in Texas sued to block a law passed in June requiring them to rate every book they ever sold to the state by its sexual content. The bookstores maintained that the law was so burdensome and arbitrary that it would put them out of business.

A Trump-appointed judge agreed and enjoined enforcement of the law. (Thanks to reader FLERP for bringing this important decision to my attention)

Publishers Weekly reported:

After nearly three weeks of waiting, federal judge Alan D. Albright delivered a major victory for freedom to read advocates, issuing a substantive 59-page written opinion and order officially blocking Texas’s controversial book rating law, HB 900, from taking effect. The decision comes after Albright orally enjoined the law at an August 31 hearing and signaled his intent to block the law in its entirety.

Signed by Texas governor Greg Abbott on June 12, HB 900 would have required book vendors to review and rate books for sexual content under a vaguely articulated standard as a condition of doing business with Texas public schools. Under the law, books rated “sexually explicit” (if the book includes material deemed “patently offensive” by unspecified community standards) would be banned from Texas schools. Books rated “sexually relevant” (books with any representation of sexual conduct) would have required written parental permission for students to access them. Furthermore, the law would have given the state the ultimate power to change the rating on any book, and would have forced vendors to accept the state’s designated rating as their own, or be barred from selling to Texas public schools.

In suing to block the law, the plaintiffs (two Texas bookstores—Austin’s BookPeople and Houston’s Blue Willow Bookshop—together with the American Booksellers Association, the Association of American Publishers, the Authors Guild, and the Comic Book Legal Defense Fund) argued that the law is blatantly unconstitutional, and would impose an untenable burden on vendors and publishers. After two hearings held in August, Albright agreed in an opinion handed down September 18.

“The Court does not dispute that the state has a strong interest in what children are able to learn and access in schools. And the Court surely agrees that children should be protected from obscene content in the school setting,” Albright concluded. “That said, [the law] misses the mark on obscenity with a web of unconstitutionally vague requirements. And the state, in abdicating its responsibility to protect children, forces private individuals and corporations into compliance with an unconstitutional law that violates the First Amendment.”

In defending the law, Texas attorneys had moved to dismiss the suit, arguing that the plaintiffs lacked standing to challenge the law, and that the state has the right to regulate vendors who wish to do business with Texas public schools—essentially asserting that rating books would simply be part of the cost of doing business in Texas. Albright demolished those arguments in his opinion, and harshly criticized the ill-conceived law in denying the motion to dismiss.

At one point, Albright observed that the burden placed on vendors by the law are “so numerous and onerous as to call into question whether the legislature believed any third party could possibly comply.”

Please open the link to read more.