A Texas law aimed at restricting children’s access to certain materials in public school libraries has been blocked from enforcement following a ruling from the U.S. District Court for the Western District of Texas.
House Bill 900 — known as the READER Act (Restricting Explicit and Adult-Designated Educational Resources) — was passed by the Texas Legislature and signed into law in 2023. The law sought to prevent library vendors from selling or distributing materials deemed “sexually explicit” to public schools.
However, from the beginning, the measure faced strong opposition from booksellers, publishers, and free-speech advocates who argued that it placed unconstitutional burdens on vendors and risked censorship of educational materials.
Background of the Legal Challenge
In July 2023, a coalition of independent bookstores and publishing groups filed suit against the Texas State Library and Archives Commission (TSLAC), the State Board of Education (SBOE), and the Texas Education Agency (TEA). The plaintiffs argued that HB 900’s requirements forced private vendors to label and rate books based on vague and subjective criteria, effectively compelling speech and chilling access to protected literature.
An injunction temporarily halted the law’s implementation in August 2023. The U.S. 5th Circuit Court of Appeals later upheld that injunction in January 2024, siding with the plaintiffs while allowing state agencies to continue developing general library standards. The appellate court also denied the state’s request for a rehearing in April 2024.
Judge Albright’s Decision
In the most recent decision, Judge Alan Albright affirmed that while the state has a legitimate interest in protecting children from inappropriate material, HB 900’s approach “is not the way to further that interest.”
The court’s order described the law’s “sixteen-step process” for rating books as unworkable and “void for vagueness.” Vendors were required to conduct a “contextual analysis” of library materials and determine whether any content might be deemed “sexually relevant” or “sexually explicit.” Judge Albright noted that the law left too much ambiguity about how to perform these evaluations and what standards should apply.
“While READER may seek to achieve a noble and important goal,” Albright wrote, “it cannot do so by compelling Plaintiffs’ speech in both ways the Supreme Court has clearly forbidden.”
He further concluded that the law violated vendors’ First Amendment rights by forcing them to engage in state-mandated expression — essentially turning booksellers into agents of government censorship.
Impact and Next Steps
Although HB 900 remains blocked, the debate over what materials students can access in public school libraries continues across Texas. Many local school boards have already implemented their own policies to review and catalog library collections, often involving parental input and advisory committees.
Additionally, Senate Bill 13, passed during the 89th Legislative Session, requires school districts to give parents access to library materials and establish local library advisory councils — a measure that some view as a more balanced approach to parental oversight.
The Texas Attorney General’s Office has not yet indicated whether it will appeal Judge Albright’s ruling to the 5th Circuit Court.
