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The READER Act has ignited passionate debate and faced significant legal hurdles since its inception. Designed to protect Texas schoolchildren from unsuitable and explicit materials in public school libraries, the law’s journey through the courts has been fraught with challenges. This post explores the READER Act’s current status, its legal battles, and future prospects.
What is the READER Act?
The READER Act, formally known as House Bill 900 and authored by Texas State Rep. Jared Patterson (R-Frisco), aims to safeguard Texas schoolchildren from exposure to unsuitable and explicit materials in school libraries. The acronym READER stands for Restricting Explicit and Adult-Designated Education Resources. The key provisions of the legislation include:
- Vendor Ratings Requirement: Vendors supplying books to public schools must rate them based on their suitability for different age groups, ensuring they do not include explicit material inappropriate for students.
- Parental Notification and Review: Schools must notify parents about the availability of any book flagged as potentially explicit, allowing parents to review these materials and provide input on their appropriateness.
- Removal of Unsuitable Materials: Books and materials deemed educationally unsuitable or explicit must be removed from school libraries, applying to both physical and digital resources.
- Compliance and Enforcement: The Texas Education Agency (TEA) ensures school districts comply with the READER Act, including regular audits and reviews to verify adherence to the standards set by the law.
The READER Act aims to create a safer and more appropriate learning environment for Texas students by ensuring that school library materials meet certain educational and moral standards.
Brief Timeline of How We Got Here
2023
- April 20: HB 900 Passes the Texas House of Representatives by a vote of 95 to 52.
- May 23: HB 900 passes the Texas Senate by a vote of 19 to 12
- June 13: HB 900 signed by the Texas Governor (Set to go into effect September 1, 2023)
- July 25: Lawsuit filed in U.S. District Court for the Western District of Texas, Austin Division
- The lawsuit was filed on behalf of Texas bookstores and publishers versus the Texas State Library and Archives Commission, the Texas State Board of Education, and the Texas Education Agency.
- August 31: U.S. District Court Judge issues a preliminary injunction barring implementation of HB 900.
- September 25: Motions Panel for the Fifth Circuit Court of Appeals ordered an Administrative Stay on the previous preliminary injunction, allowing HB 900 to go into effect pending continued court action.
- November 29: Oral arguments begin at the Fifth Circuit Court of Appeals on July Lawsuit
- December 13: The Texas State Board of Education (SBOE) adopted library standards included in HB 900
2024
- January 17: The Fifth Circuit blocks HB 900’s rating requirement but maintains the library material standards
- April 16: The Fifth Circuit denies a rehearing of the case
The Current Legal Landscape & Future Prospects
In January 2024, the Fifth Circuit upheld a lower court’s temporary injunction against the vendor ratings requirement in HB 900. In response, State Rep. Jared Patterson (R-Frisco) released the following statement:
“The United States Court of Appeals Fifth Circuit has reached an opinion which removes accountability for book vendors while allowing the library state standards to remain intact. I am disaapointed by this decision in part, as book vendors have an obligation to be aware of the content they are distributing, especially if that content is sexually explicit material into the hands of school children. Thankfully, the state library standards, which are the first ever of their kind, remain Texas law, as the court opinion states, “the library standards are not an issue.” These standards, passed and approved by TSLAC and SBOE, create guardrails to empower parents, prevent sexually explicit materials, and improve school district transparency. I call on the Office of the Attorney General to appeal this decision to the United State Supreme Court and in the meantime look forward on how Texas can improve vendor accountability with other legislative solutions next session. I will not stop fighting to protect Texas schoolchildrten from sexually explicit material.”
Statement by State Rep. Jared Patterson (R-Frisco), 1.17.2024
In April, an en banc request (a session where a case is heard before all the judges of a court) was made but denied in a close 8-9 vote. Patterson said:
“Though much of the READER Act remains intact, including the first-ever mandatory library standards adopted by the State Board of Education late last year, it’s incredibly disappointing that a majority of the 5th Circuit Court of Appeals sided with book vendors who push pornography on unsuspecting children in our public schools. The READER Act was built based on existing Supreme Court precedent. Any judge claiming the State of Texas cannot require government vendors to ensure they don’t send sexually explicit content to children in our schools is just plain wrong. The Texas Attorney General should immediately appeal to the United States Supreme Court.”
Statement by State Rep. Jared Patterson (R-Frisco), 4.16.2024
In mid-July, a deadline passed, and the Texas Office of the Attorney General (OAG) did not further appeal the Fifth Circuit’s ruling. According to Christin Bentley, a State Republican Executive Committeewoman and Chairman of the Republican Party of Texas’ Legislative Priorities Subcommittee to Stop Sexualizing Texas Kids, this decision seems to align with standard procedure, “as interlocutory appeals to the SCOTUS are rarely made.” She went on to say, “It takes extraordinary circumstances for them to be heard.”
In response to the lack of appeal by the Texas Attorney General, Patterson released the following statement:
“The Attorney General’s most important responsibility is to protect Texans who cannot protect themselves. He has failed at that responsibility. Yesterday’s deadline to appeal to the US Supreme Court, the Fifth Circuit’s decision against a part of the READER Act passed with absolute silence from the Office of the Attorney General.”
“Though disappointed, I remain determined to fight against the radical left and their overtly sexualized agenda for our kids. At the very least, we have components of the READER Act in place for the start of the next school year, including the new mandatory library standards restating esisting Supreme Court precedents, including that no students has a First Amendment right to obscene content. Next session, we continue the fight.”
Statement by State Rep. Jared Patterson (R-Frisco), 7.16.2024
On his personal Twitter / X page, Patterson gave additional thoughts,
“The parents of Texas need to know why they were abandoned. [Ken Paxton] and I have had our differences, but I’ve never disagreed with him on policy. Texas moms and dads deserve to know why his office put up a paltry defense of READER at the Fifth Circuit and why they refused to appeal the Fifth’s decision to the SCOTUS.”
“I care deeply about this issue. I’ve fought for this legislation at great personal and professional cost. This legislation was overwhelmingly passed in bipartisan fashion after being constructed based on multiple SCOTUS precedents. Why has [Ken Paxton]’s office abandoned us? What is their strategy to fulfill their responsibility to protectr those Texas schoolchildren who cannot protect themselves?”
Jared Patterson, State Representative – TX HD 106, Twitter / X Post, 7.17/2024
It is worth noting that HB 900 was sponsored by State Sen. Angela Paxton (R-McKinney), the wife of Texas Attorney General Ken Paxton, as it was being considered in the Texas Senate.
Bentley seemed to take a different take on HB 900’s current legal status. She said:
“…Rest assured, HB 900 is alive and well in the lower court! It will be tried, and the same judge will likely rule against the State of Texas. That’s when the appeal on the permanent ruling will happen, in the Fifth Circuit, where it’s very likely we will win! But if we don’t, then THAT will be the appropriate time for it to be appealed all the way to the Supreme Court! Thank you to AG Ken Paxton and the Texas Attorney General’s Office for their commitment to seeing this case through!…”
Christin Bentley, State Republican Executive Committeewoman – TX SD1, Republican Party of Texas Legislative Priorities Chairman of the Subcommittee to Stop Sexualizing Texas Kids, Twitter / X Post, 7.19.2024
Opponents & Proponents
Since its conception, the READER Act has had no shortage of both vocal supporters and detractors.
The Foundation for Individual Rights and Expression (FIRE), the Cato Institute, and the National Coalition Against Censorship all filed an amicus curiae brief as oral arguments began in November 2023 in front of the Fifth Circuit Court of Appeals, arguing that HB 900 violates the First and Fourteenth Amendments to the U.S. Constitution.
They contend that HB 900 is intentionally vague regarding what constitutes “sexually explicit” content, relying on subjective community standards without specifying which standards apply, potentially leading to inconsistent enforcement across regions. They argue that HB 900 amounts to compelled speech by requiring booksellers to label and categorize materials according to the state’s criteria, thus forcing them to endorse the state’s viewpoint on appropriateness, which is prohibited by the First Amendment. Additionally, they contend that the uncertainty and potential penalties associated with HB 900 would likely cause booksellers and librarians to censor materials preemptively, limiting access to diverse ideas and information. They also argue that HB 900 is part of a broader national trend of partisan-driven book bans, undermining the principle of free and open access to information. Historical and contemporary examples of book bans, they believe, highlight the dangers of such censorship efforts.
In contrast, the Texas Public Policy Foundation (TPPF) supported the passage of HB 900 as it was being considered by the Texas Legislature.
Austin Prochko, the deputy campaign manager of Next Generation Texas, said, “Schools should not expose, intentionally or accidentally, students to graphic sexual materials. HB 900 is a straightforward, conservative way to prevent school libraries from providing sexual material to minors.” TPPF also recommended the Texas SBOE approve the library standards included in HB 900 in December 2023. TPPF’s CEO Greg Sindelar said, “This spring, Rep. Patterson and Sen. Paxton authored, and Gov. Abbott signed, the READER Act to refocus libraries on educational content, empower parents, and remove obscene books. As the law says clearly, parents are the primary decision makers in their child’s education. This week, the SBOE will vote on the state standards to implement the law by the January 1 deadline. We are grateful to Rep. Patterson, Sen. Paxton, and Gov. Abbott for their tireless work to protect the innocence of Texas children and we call on the SBOE to vote for the proposed draft rules to faithfully implement the law.”
Conclusion
The battle over the READER Act highlights the ongoing struggle to balance protecting children from explicit content and upholding constitutional freedoms. As the legal challenges continue, the future of the READER Act remains uncertain. Whether it ultimately succeeds or fails in the courts, the debate it has sparked will likely influence future legislative efforts and discussions about educational content standards in Texas and beyond. The commitment of its proponents and the determination of its opponents ensure that the conversation around the READER Act will remain a critical issue for educators, parents, and policymakers.
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