In a landmark and deeply divided decision, the 5th Circuit Court of Appeals ruled Friday that the First Amendment does not guarantee public library patrons the right to access information—overturning decades of precedent that protected against the removal of books based solely on their ideas.
The 10-7 ruling from the full bench of the New Orleans-based court reverses a lower court’s decision that had required Llano County, Texas, to temporarily return 17 books it had removed from library shelves. The books, which were targeted by local conservative activists, included titles on race, gender identity, and sexuality.
The decision also creates a split among federal appeals courts, potentially setting the stage for the U.S. Supreme Court to intervene.
