吃瓜大本营

The ACLU and the ACLU of Texas filed an amicus brief in Little v. Llano County, urging the U.S. Court of Appeals for the Fifth Circuit to recognize that the First Amendment prohibits government officials from removing books from public libraries in an effort to suppress particular viewpoints or to impose a political orthodoxy.

The case revolves around Llano County officials鈥� unlawful removal of 17 books from their public library system. In August 2021, local residents asked the Llano County library commissioner to remove certain children鈥檚 books they viewed as 鈥渙bscene鈥� and 鈥減ornographic鈥� from the library鈥檚 shelves. These included various kids鈥� books about 鈥渂utts and farts,鈥� as well as award-winning books by acclaimed authors, like Maurice Sendak鈥檚 鈥淚n the Night Kitchen,鈥� 鈥淐aste鈥� by Isabel Wilkerson, and Robie H. Harris鈥� 鈥淚t鈥檚 Perfectly Normal.鈥� Not only did the commissioner order the librarians to comply, but in January 2022, the existing library board was dissolved, a new board with the residents who spearheaded the book removals was appointed, and the libraries were temporarily closed to scour the shelves and remove any book the board deemed 鈥渋nappropriate.鈥�

The ACLU's brief argues that such censorship fundamentally undermines the purpose and function of public libraries, which are meant to serve as spaces for free inquiry and the exploration of diverse ideas, not exposure only to government-endorsed concepts or perspectives. The brief emphasizes that the First Amendment prohibits government officials from prescribing what is orthodox even via government programs that necessarily pick and choose among private speech. For example, a Democratic governor could not order the removal of all library books advocating 鈥楻epublican鈥� ideals, nor could a predominantly Jewish city council ban all copies of the New Testament to impose a single religious view. Given this, the Court should affirm the court below and hold that government officials cannot remove books from public library shelves to prescribe what is orthodox, to aim at the suppression of dangerous ideas, or to drive an idea from the marketplace.