Politics Can Now Dictate Public Library Collections in Three States, Per Fifth Circuit Ruling

Kelly Jensen, a former librarian and veteran blogger on STACKED, is the editor/author of two books, “(DON’T) CALL ME CRAZY: 33 VOICES START THE CONVERSATION ABOUT MENTAL HEALTH” and “HERE WE ARE: FEMINISM FOR THE REAL WORLD.” Her upcoming book, “BODY TALK,” is set to be published in Fall 2020. For more updates, follow her on Instagram @heykellyensen.

On May 23, 2025, the Fifth Circuit Court of Appeals issued a unanimous decision stating that the First Amendment does not apply to challenges against book removals in three U.S. states. According to the ruling, library books are considered government speech and therefore not protected under the Free Speech clause. This ruling marked the first setback in the case of Leila Green Little, et al. v. Llano County, et al., where a group of library patrons in Llano County, Texas, sued over the removal of 17 books from the Llano County Public Library due to their content.

The 10-7 ruling from the Fifth Circuit, known as the most conservative Circuit Court in the country, supersedes the Campbell case precedent established in 1995. Consequently, books can now be removed from public library shelves in Louisiana, Mississippi, and Texas without specific guidelines or regulations. This ruling could lead to biased library collections based on political motivations and funded by taxpayer money.

The majority opinion, delivered by Judge Stuart Kyle Duncan, appointed by Trump, dismissed arguments against book bans and defended the library’s right to curate its collection. However, critics argue that this decision undermines the role of public libraries and restricts access to information, particularly for young readers. The dissenting opinion emphasized the importance of upholding the Pico test in public libraries to ensure equal access to information for all patrons.

The plaintiffs in the case have 90 days to appeal the decision, with the possibility of escalating the matter to the Supreme Court. In the meantime, the 17 books removed from the Llano County Library may once again be subject to removal.