The Texas case in Llano County involving public libraries being able to remove 'explicit' books is now being challenged in federal court, even though the fifth circuit court of appeals already ruled in favor of pulling the books.
"The ruled that the first amendment doesn't guarantee access to these government funded library materials, so they sided with the county in that case" said Brandon Waltens, senior editor with Texas Scorecard.
There is a similar case happening in Colorado, where the liberal tenth circuit court of appeals is expected to rule against banning the books.
"If they do, that would set it up to go to the U.S. Supreme Court" Waltens told KTRH, while noting that in the case here in Texas, an appeal has already been filed with SCOTUS.
"This has been a big issue, specifically in Texas over the last couple of legislative sessions" noted Waltens, "And so the Supreme Court, I think would set a good national standard so that states across the country can have better clarity on what they are, and are not allowed to do under the constitution."
The Supreme Court justices have yet to decide whether or not they will take up the case.
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