Texas fights to enact parts of controversial book rating law

On September 1st, the legal battle over Texas’s controversial new book rating law, HB 900, took a new turn as state attorneys renewed their efforts to allow certain aspects of the law to take effect.

The law, signed by Texas Governor Greg Abbott on June 12th, mandates 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, books rated “sexually explicit” or “sexually relevant” face restrictions or require parental permission for student access.

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The preliminary injunction

Federal judge Alan D. Albright’s ruling on August 31st, denied the state’s attempt to dismiss the lawsuit and granted the plaintiffs’ motion to block HB 900 “in its entirety.” This decision was a significant setback for Texas, as it halted the law’s scheduled enforcement on September 1st. The judge’s written opinion and order, expected soon, will provide further insights into his reasoning.

Subsequently, in a joint statement, the CEOs of the American Booksellers Association, the Association of American Publishers, the Authors Guild and the interim Director of Comic Book Legal Defense Fund expressed their gratitude for the swift action taken by the Court in enjoining the controversial law.

Texas’s renewed bid over book rating law

Texas’s legal team, undeterred by the initial setback, filed a written motion on September 1st to stay the preliminary injunction until the Fifth Circuit court of appeals can review the order. Hence they argue, this move is made “out of an abundance of caution” as they await the judge’s written opinion on the injunction.

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Key arguments

In their renewed bid, Texas attorneys reiterate two crucial arguments. Firstly, they contend that the state is protected by state sovereign immunity, implying that certain aspects of the law may be exempt from federal jurisdiction. Secondly, they assert that the plaintiffs lack standing to bring the suit, suggesting that the parties challenging HB 900 may not have the legal grounds to do so.

A critical point for Texas’ book rating law

One notable aspect of Texas’s renewed bid is their argument that certain parts of HB 900, not directly related to the plaintiffs’ claims, should be allowed to take effect. This includes the creation of new state library collection standards for Texas school districts, which are required by law to be delivered by January 1st, 2024. Texas argues that enjoining the law in its entirety, as the preliminary injunction currently does, could hinder the timely implementation of these standards, even though the plaintiffs are not directly affected until April 1, 2024.

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Consequently, the legal battle over Texas’s HB 900 continues to unfold with the state seeks to challenge the preliminary injunction blocking the law’s enforcement. While the plaintiffs focus on the book rating aspects of the law, Texas argues that certain provisions, such as new library collection standards, should be allowed to proceed. As the parties await the judge’s written opinion and order, the fate of this controversial legislation hangs in the balance, with implications for free speech, education, and the publishing industry.