Most people would promptly respond to the question that is the title of this post: NO! the First Amendment was written to protect the people against government over-reach. The very question is absurd on its face. Yet Republican Attorneys General have argued that the First Amendment protects their right to ban books. No, no, no, a million times NO!
Chris Tomlinson, a columnist for The Houston Chronicle, wrote about the case:
Book banners in Llano County and Florida’s attorney general will try to convince a federal appeals court Tuesday that the First Amendment grants elected officials the unlimited right to remove books from public libraries.
Conservatives will turn freedom of speech on its head by arguing that politicians are expressing themselves when they ban books, and therefore, the Constitution protects book bans. In a perverse twist, they will make this argument during Banned Books Week, the time of year when writers defend the right to share ideas.
The Little v. Llano case will undoubtedly go to the U.S. Supreme Court. Seventeen Republican state attorneys general have joined Ken Paxton in defending the Llano County Commissioners Court’s order to remove 17 books from the public library. Not the school library, mind you, but the library system for all residents.
The banned books include the award-winning “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti, “Caste” by Isabel Wilkerson, and “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health,” by Robie Harris.
Llano is not alone. Texas has led the nation in book bans, according to PEN America, a nonprofit freedom of speech group of which I am a member.
Historically, the U.S. Supreme Court has held that the First Amendment severely limits the power of government to control speech and other forms of expression. Governments are not allowed to ban books based solely on their viewpoint; there must be a public safety issue.
Llano County residents sued in federal court last year to have the books returned. U.S. District Judge Robert Pitman found that Llano officials only banned the books because they disagreed with the content and determined the commissioners had no compelling government interest to remove them. He ordered all the books restored to library shelves.
The county appealed to the 5th U.S. Circuit Court of Appeals, which split in a preliminary decision. The full 17-judge court will hear arguments Tuesday.
The 18 Republican attorneys general who have joined the case want the judges to accept a new interpretation of the First Amendment, one first pushed in Florida. They argue government officials have free speech rights, and the court must protect them as much as a librarian’s, a writer’s or a reader’s civil liberties.
“The county’s decisions over which books to offer its patrons in its public libraries, at its own expense, are its own speech,” the states argued in a court filing last month. “The government does not violate anyone’s free speech rights merely by speaking — no matter what it chooses to say or not to say.”
If Little v. Llano makes it to the Supreme Court, and the justices agree with this argument, they will hobble the foundation of our democracy: the free exchange of ideas. The flip side of the freedom to write is the freedom to read. One is useless without the other.
Libraries play a crucial role in a free society. They are repositories not only of history and entertainment but of accumulated knowledge and new ideas. Books are expensive, and libraries make them available to the entire community.
Public libraries are, by definition, government entities financed with taxpayer dollars. In a free society, they must be nonpartisan and contain a wide range of content absent political litmus tests. A conservative victory for Llano would turn politicians into thought police.
The conservative activists who complained about the Llano library books relied on a list of 850 titles published by former state Rep. Matt Krause, a Fort Worth Republican, in 2021. Krause focused on books about racism, LGBTQ issues or anything else that “might make students feel discomfort, guilt, anguish.”
Krause was among the state lawmakers who limited how teachers can discuss slavery and discrimination against African Americans because it might make descendants of slaveholders uncomfortable. Possessing “The 1619 Project” is now a firing offense at Texas public schools.
Where does it end if politicians have a free speech right to ban books? We know politicians try to outdo each other with ideological purity tests. Activists on the left and right will draft lists of authorized and prohibited books, and libraries will have to restock their shelves after every election.
As for those who argue libraries are full of pornography, I say poppycock. The American Library Association and professional librarians follow well-considered procedures in choosing what titles to carry, and one person’s taste should not determine what a library buys.
If politicians do end up determining what we can find at the library, you’ll have fellow Texans to thank.
