Fifth Circuit Lets Texas Keep Its Book Rating Law—For Now

Fifth Circuit Lets Texas Keep Its Book Rating Law—For Now

A federal appeals court has cleared the way for Texas to enforce a law requiring book vendors to rate sexual content in materials sold to school libraries, handing the state a procedural win in a First Amendment fight that has been bouncing between courthouses for more than two years.

The U.S. Court of Appeals for the Fifth Circuit on Tuesday lifted a district court's injunction against the READER Act, which requires vendors to assign ratings to books they sell to public schools and bars them from selling "sexually explicit" materials to those schools. A split panel concluded the state was likely to succeed on its argument that the law regulates conduct—what vendors may sell to schools—rather than speech, reversing the lower court's finding that the law likely violated the First Amendment. Judge Don Willett dissented, writing that the law "stifles" protected expression.

The case, Book People, Inc. v. Wong, was brought by booksellers and publishing industry groups, including the American Booksellers Association and the Association of American Publishers, who argued the rating system is vague and would force them to self-censor. The district court had blocked enforcement in 2024, finding the plaintiffs likely to prevail.

The practical effect is immediate: Texas education officials can begin enforcing the rating requirement while litigation continues. The ruling lands as school book disputes remain one of the most active areas of First Amendment litigation nationwide, with challenges to similar laws pending in several circuits.

What to watch: whether the full Fifth Circuit agrees to rehear the case en banc, and whether the Supreme Court is eventually asked to resolve a growing split over how to classify laws that restrict access to books rather than banning them outright.

Primary sources: Fifth Circuit opinion, Book People, Inc. v. Wong · CourtListener docket