The Fifth Circuit heard oral argument yesterday in Little v. Llano County, a First Amendment challenge to Llano County’s removal of books from public library shelves. The books, which include award-winning nonfiction works on issues of race, gender, and sexual orientation, were targeted by elected officials who disapproved of their content. A group of citizens filed suit, obtaining a preliminary injunction requiring the county to return the banned books to library shelves.
A divided panel of the Fifth Circuit partially affirmed the injunction in June 2024. The county moved for rehearing en banc, supported by several state attorneys general. In granting en banc review, the Fifth Circuit will consider the continued vitality of longstanding precedent protecting libraries and library patrons from ideological book bans. Such bans have become increasingly prevalent in recent years.
Jackson Walker’s amicus brief was filed on behalf of best-selling authors Stephen King and James Patterson, the Association of American Publishers, The Authors Guild, and publishers Candlewick Press, Hachette Book Group, HarperCollins, Macmillan, Penguin Random House, Scholastic, Simon & Schuster, and Sourcebooks.
In the brief, amici argued: “This is not the time to sweep away the time-honored precedents that have protected the intellectual independence of public libraries from majoritarian impulses. The instinct to censor disfavored ideas and voices is not unique to this moment, nor to a particular political party… If Defendants’ government speech argument is accepted, the public library will be rendered just another tool of partisan propaganda.”
The case is Little v. Llano County, No. 23-50224, in the U.S. Court of Appeals for the Fifth Circuit. For more information about the case, view articles by KVUE (ABC), Publishers Weekly, DailyTrib.com, The Texas Lawbook, The Texas Tribune, Austin American-Statesman, Fox 7 Austin, CNN, Texas Public Library, and The New York Times (subscriptions may be required).
Meet Our Team
Marc Fuller represents publishers, internet companies, and other businesses in a variety of commercial disputes. His media litigation experience includes defamation, privacy, copyright, and other disputes over content and newsgathering. He has extensive experience representing technology companies and online services in disputes over content moderation, user anonymity, and digital privacy. Marc has also handled a broad range of litigation for nonmedia companies, focusing on appeals, class actions, and First Amendment matters. He has authored amicus briefs in media and First Amendment cases in the Texas Supreme Court, Fifth Circuit, and U.S. Supreme Court.
Maggie I. Burreson is a litigation associate who focuses on handling media and entertainment disputes for journalists, news outlets, and other media organizations. She has represented her media clients in numerous defamation, libel, and business disparagement suits. Maggie has helped author numerous amicus briefs in media and First Amendment matters in the Fifth Circuit. She also represents businesses in a variety of nonmedia matters, with a particular emphasis on class actions and appeals.
Jackson Walker’s media law group is one of the most prominent in the country, representing major clients in the television, radio, newspaper, magazine, and publishing sectors. With more than 115 years of experience in media law, the firm handles litigation and transactional matters involving news content, employment, entertainment, intellectual property, advertising, and other related matters. To learn more about the firm’s experience defending First Amendment rights, visit the Trial & Appellate Litigation and Media Law practice pages.
