Last May, I wrote about a punitive law in Texas that terrified the state’s 300 or so independent bookstores. The law, House Bill 900, required bookstores to rate every book they sold—now and in the past— to school libraries.

The bookstores sued to overturn to the law, arguing that the administrative burden of complying would put most of them out of business.

Their suit succeeded at the District Court level. Then it advanced to the very conservative Fifth Circuit Court of Appeals, and the plaintiffs were fearful. [A sign of the times: Back in the 1960s and 1970s, when the federal courts were constantly challenged to enforce the Brown decision of 1954, the Fifth Circuit was considered highly liberal in facing down segregationists.]

But to the delight of the booksellers, the Fifth Circuit sided with them.

The Texas Monthly reported:

The lawsuit, which was filed by Houston’s Blue Willow Bookshop and Austin-based BookPeople, along with a group of free speech organizations, argued that HB 900’s requirement essentially compelled the private businesses to engage in speech by requiring them to create a rating system for the materials they sold.

…the Fifth Circuit issued an uncommon ruling against the state, rejecting arguments from the Texas Education Agency—the suit’s lead defendant—that claimed that requiring booksellers to rate books was a mere administrative task. “This process is highly discretionary and is neither precise nor certain,” the court’s opinion read. “The statute requires vendors to undertake contextual analyses, weighing and balancing many factors to determine a rating for each book,” a process the opinion said was “anything but the mere disclosure of factual information.”

The plaintiffs had several issues with the law—tasking short-staffed booksellers with reading every single book any customer wanted to order would be an impossible task, for instance—but, according to Blue Willow owner Valerie Koehler, the real sticking point was being required by law to offer opinions on the contents of the books she sold. “I think common sense has prevailed,” she told Texas Monthly. “It’s not really up to the vendor to rate these books, where they’re compelling us to rate a book that they could then say, ‘No, that’s not a good rating.’ They were making us take a stand, and then were still in charge of whether our standards were right or not.”

The future of the law is still undecided—representatives from the office of the attorney general and the Texas Education Agency did not return requests for interviews—but the state would face an uphill battle with the Supreme Court after losing at the typically reliable Fifth Circuit. Koehler is accordingly optimistic—and reflective—about the struggle.

“We’ve never said, ‘We’re not going to carry that book because we don’t believe in it.’ We’ll carry it on our shelves if we think someone is going to come in and ask for it. That’s what we do as a business,” she said. “I didn’t take a stand against Greg Abbott; I took a stand as a business, for common sense, and my First Amendment rights as a bookseller.”