| Litigation & the Courts |
.jpg) The American judicial system is a vital component of our government, and has proven to be one of the most important institutions in protecting the freedom to read in this country. From our beginning in 1969, the Freedom to Read Foundation has worked to make sure the interests of libraries, librarians, and library goers have been represented in the courts. Beyond that, FTRF defends the interests of the press, book stores, authors, artists, and the public to speak and have access to information. The Freedom to Read Foundation participates in litigation either as a party or by submitting amicus curiae briefs. Additionally, the General Counsel of the Freedom to Read Foundation has provided legal memoranda on issues of interest to the library world and legal advice to those working to protect and defend First Amendment rights. In determining whether to participate in litigation, the FTRF Board of Trustees considers several factors, including the facts of the case, the importance of the legal doctrines with respect to the freedom to read, the significance of an adverse result in the case, the impact of FTRF's participation, and (when joining with another organization) the contents and quality of the joint brief. FTRF works frequently with other organizations, in particular the Media Coalition, in much of its litigation. First Amendment Victory in HB900 READER ActOctober 24, 2025
Freedom to Read Foundation American Association of School Librarians On Tuesday, October 21, a Federal judge in Waco, Texas declared that House Bill 900, also known as the READER Act, violates the constitution. A copy of the final order can be accessed here: Book People v. Wong. The ruling makes a lower court's temporary injunction, that the Fifth Circuit Court of Appeals later upheld, permanent. In November of 2023, the Freedom to Read Foundation and the American Association of School Librarians filed an amicus curiae brief in the Fifth Circuit that supported the request by the American Booksellers Association, the Association of American Publishers, the Authors Guild, the Comic Book Legal Defense Fund and two Texas bookstores to halt enforcement of the Texas law HB 900 on the grounds that it violates the First Amendment rights of booksellers, publishers, authors and students. A copy of the amicus brief can be accessed here: FTRF and AASL Amici Curiae Brief. “The Freedom to Read Foundation applauds the ruling by Judge Albright which declares unconstitutional the rating system HB 900 wanted to impose on bookstores and publishers,” said FTRF President Lesliediana Jones. “As the court stated, this act ‘. . misses the mark on accomplishing its goal and is unconstitutional.’ The rating process within this act does not employ a ‘. . meaningful interest in curation content for children.’ The process imposed by this act would have compelled speech and violated First Amendment rights of the vendors. FTRF was proud to file an amicus brief in support of the plaintiffs. This is a victory for intellectual freedom, First Amendment rights, and everyone's right to read.” “This ruling is a tremendous victory for students and educators in Texas and reaffirms the essential role school libraries play in a thriving democracy. At a time when school librarians have been on the front lines fighting against unprecedented levels of censorship, this decision clearly upholds the First Amendment and protects the freedom to read for every student,” said AASL President, Amanda Kordeliski. “House Bill 900 sought to bypass the expertise of trained school library professionals by replacing it with arbitrary and unconstitutional restrictions imposed by the government. This decision acknowledges that students have the right to learn and explore diverse ideas and narratives without inappropriate restrictions. The American Association of School Librarians was proud to lend its voice to the amicus brief in this case and will continue to support school librarians everywhere who advocate for intellectual freedom in their communities.” HB 900 would have compelled any vendor who sold books to a Texas school district or charter school to review and rate all of the books already sold to the school and any book it wishes to sell to schools in the future. Books would have been rated as either "sexually explicit," "sexually relevant" or "no rating" based on unclear and arbitrary government criteria. Under the law, students in Texas would not have been allowed to read or borrow books that merely touch on the topics of sex or relationships regardless of the work’s literary, scientific or artistic value. The law would have impaired students’ freedom to read and learn, and placed many of the classic and contemporary books usually found in school and classroom libraries at risk of unconstitutional censorship. The American Association of School Librarians (AASL), a division of the American Library Association (ALA), empowers leaders to transform teaching and learning. The Freedom to Read Foundation (FTRF) is a non-profit legal and educational organization. FTRF protects and defends the First Amendment to the Constitution and supports the right of libraries to collect—and individuals to access—information. The Freedom to Read Foundation, the Texas Library Association and the American Library Association File Amicus Brief Supporting Public Library Users’ Freedom to Read Ahead of En Banc Hearing Before the Fifth Circuit Court of Appeals Chicago, IL On September 10, 2024, the Freedom to Read Foundation (FTRF) joined by the Texas Library Association (TLA) and the American Library Association (ALA), filed an amicus curae brief in Leila Green Little v. Llano County, an important case seeking to defend and protect library users’ freedom to read. The Freedom to Read Foundation and the amici library organizations’ brief argues in support of a group of several citizens of Llano County, Texas, who initiated a lawsuit to challenge the Llano County government’s decision to remove a large number of books from the Llano County Library shelves. The books, representing a diversity of views and ideas, were removed because certain county residents and county officials complained that the books' contents were objectionable. Llano County officials have asked the appellate court to rule that the First Amendment does not apply to censorship of library materials because they allege that a public library’s collection is “government speech,” thus allowing government officials to engage in unfettered censorship if they disagree with the viewpoints expressed in those books. The brief filed by FTRF and the amici library associations strongly disagrees with that position, arguing that application of the “government speech” doctrine to the collection of a library would “contradict the centuries-old role of libraries in America, professional library practice, and decades of First Amendment jurisprudence.” “Arguing that public libraries should become centers for government indoctrination is a fundamental denial of the First Amendment’s promise that each and every person has the freedom and the right to read, inquire, and receive information,” said Deborah Caldwell-Stone, Executive Director of the Freedom to Read Foundation. “The public library is the symbol and the embodiment of that promise, and we are proud to join the citizens of Llano County in not only defending their freedom to read but defending the public library’s role as an essential democratic institution.” “The First Amendment protects the freedom of expression, including the right to read and access information without government interference. Public libraries play a vital role in ensuring citizens have access to diverse viewpoints so that they may form their own opinions,” stated Shirley Robinson, TLA Executive Director. "Restricting access to books in a library because some government officials do not agree with the viewpoints expressed is a threat not only to our right to free inquiry, but to the foundation of our democracy.” The en banc hearing is scheduled for Tuesday, September 24, 2024. Attorneys Thomas F. Allen, Kevin Shook, Ryan Goellner, and Benjamin West of Frost Brown Todd LLP submitted the brief on behalf of FTRF, ALA, and TLA. About the American Library Association The American Library Association (ALA) is the foremost national organization providing resources to inspire library and information professionals to transform their communities through essential programs and services. For more than 140 years, the ALA has been the trusted voice for academic, public, school, government and special libraries, advocating for the profession and the library’s role in enhancing learning and ensuring access to information for all. About the Freedom to Read Foundation Founded in 1969, the Freedom to Read Foundation (FTRF) is a non-profit legal and educational organization affiliated with the American Library Association. FTRF protects and defends the First Amendment to the Constitution and supports the right of libraries to collect—and individuals to access—information. About the Texas Library Association The Texas Library Association is the largest state library association in the country, representing over 5,000 librarians with a mission to embrace, unite, and amplify the voices of the library community through advocacy and education to ensure library excellence for all Texans. _____________________________________________________________________________________ Freedom to Read Foundation, Iowa Library Association, and American Association of School Librarians Join Amicus Brief Supporting Students, Publishers, and Authors Challenging Iowa Book Ban Legislation
Thursday, April 25, 2024
The Freedom to Read Foundation (FTRF), the Iowa Library Association (ILA), and the American Association of School Librarians (AASL) have joined in filing an amicus curiae brief in two cases currently pending before the Eighth Circuit Court of Appeals.
The two lawsuits, Penguin Random House, LLC v. Robbins and GLBT Youth in Iowa Schools Task Force v. Reynolds, are asking the court to overturn provisions in Senate File 496 (SF 496), because the law violates the First Amendment by restricting access to certain viewpoints by requiring the removal of school library books on vague and uncertain grounds and prohibiting materials in schools regarding gender identity and sexual orientation. The amicus brief filed by FTRF, AASL, and ILA urges the Eighth Circuit Court of Appeals to uphold a preliminary injunction barring enforcement of the law until the courts make a final decision on the merits of the plaintiffs’ claims. Upholding the preliminary injunction assures that Iowa students’ First Amendment right to access information in their school libraries that reflect their lives and interests is protected. As the brief notes, “[t]he net effect of SF496 is to undermine school libraries and curtail librarians from curating diverse collections for their particular school communities, contrary to the history, purpose, and function of school libraries.” “School libraries are cornerstones of inquiry and literacy, and every learner deserves access to a robust library collection that is curated by a knowledgeable, certified school librarian to fit their specific developmental and learning needs and interests,” said AASL President Courtney Pentland. “Removing access in school libraries to books that feature the lived experiences of specific groups of Iowans because they do not fit certain belief systems is not only unconstitutional but sets a dangerous precedent. It says that the stories of particular people either don't matter or are somehow inappropriate.” “As the Supreme Court has repeatedly recognized, students’ rights do not end when they enter the schoolyard gate. States must comply with longstanding constitutional safeguards when they provide for students’ education, including students’ rights to access a diversity of views and topics in the school library without discrimination," said Deborah Caldwell-Stone, Executive Director of the Freedom to Read Foundation. "FTRF is proud to stand with the students and school librarians of Iowa to protect students’ right to read, inquire and gain new understanding of the world and themselves, free from unconstitutional discrimination, while also defending the right of publishers, booksellers and authors to make these stories available free from unconstitutional government censorship.” About the American Association of School Librarians The American Association of School Librarians (AASL) has supported school librarians and the school library community in the United States, Canada, and around the world since 1951. AASL leaders understand the current realities and evolving dynamics of the professional environment and are positioned to help members achieve universal recognition of school librarians as indispensable educational leaders. About the Freedom to Read Foundation Founded in 1969, the Freedom to Read Foundation (FTRF) is a non-profit legal and educational organization affiliated with the American Library Association. FTRF protects and defends the First Amendment to the Constitution and supports the right of libraries to collect—and individuals to access—information. Staff and trustees do this work with a focus on First Amendment education, litigation, and advocacy. About the Iowa Library Association The Iowa Library Association (“ILA”) fosters a community of library-related innovation and advocacy in Iowa, supporting and strengthening its members to promote libraries as an essential resource for all Iowans. ILA endeavors to defend challenges to intellectual freedom and the freedom to read, while also advocating for critical funding, access to information, local control, and the importance of teacher-librarians in every school. Read the statement of the Iowa Library Association here. ________________________________________________________________________________ FTRF, AASL Join Amicus Brief in Support of Publishers, Booksellers and Authors
AASL American Association of School Librarians For Immediate Release CHICAGO -- The Freedom to Read Foundation and the American Association of School Librarians have joined the Association of University Presses, Barnes & Noble Booksellers and Freedom to Learn Advocates in filing an amicus curiae brief that supports the request by the American Booksellers Association, the Association of American Publishers, the Authors Guild, the Comic Book Legal Defense Fund and two Texas bookstores to halt enforcement of the Texas law HB 900 on the grounds that it violates the First Amendment rights of booksellers, publishers, authors and students. HB 900 would compel any vendor who sells books to a Texas school district or charter school to review and rate all of the books already sold to the school and any book it wishes to sell to schools in the future. Books would be rated as either "sexually explicit," "sexually relevant" or "no rating" based on unclear and arbitrary government criteria. Under the law, elementary and high school students would not be allowed to read or borrow books that merely touch on the topics of sex or relationships regardless of the work’s literary, scientific or artistic value. The law not only impairs students’ freedom to read and learn, it also places many of the classic and contemporary books usually found in school and classroom libraries at risk of unconstitutional censorship. Moreover, the law would compel booksellers, publishers, and authors to label their books as “sexually explicit” and “sexually relevant” based on the same murky, vague and arbitrary standards, forcing them to stigmatize the books they make available regardless of their own beliefs. If they do not comply with the law’s coercive and unconstitutional requirements, they would be banned from selling any books to public K-12 schools. “As the Supreme Court has repeatedly recognized, school boards and elected officials — including state legislators — need to comply with longstanding constitutional safeguards when they provide for students’ education," said Deborah Caldwell-Stone, Executive Director of the Freedom to Read Foundation. "FTRF is proud to stand with the students of Texas and fight to protect their right to read, inquire and gain new understanding of themselves and the world around them through books. And FTRF will always be on the front lines in the fight to protect the right of publishers, booksellers and authors to publish without government interference.” "The AASL National School Library Standards are based on common beliefs that reading is the core of personal and academic competency with intellectual freedom as every learner’s right,” said Sylvia Knight Norton, Executive Director of the American Association of School Librarians. “AASL is honored to proactively speak out for the rights of Texas students, publishers, authors, and book sellers and to show support for the future of all learners." About the American Association of School Librarians About the Freedom to Read Foundation ###
_______________________________________________________________________________________ Freedom to Read Foundation Joins Coalition of Publishers, Booksellers, Librarians and Readers in Filing Suit to Defend Arkansas Citizens’ Right to Read
Suit Challenges Arkansas Act 372, a Bill That Would Restrict Access to Books in State Book Stores and Public Libraries A broad coalition of authors, publishers, booksellers, librarians, and readers today filed suit in The United States District Court, Western District of Arkansas, Fayetteville Division, challenging Arkansas Act 372, a law that would restrict access to books in bookstores and libraries located within the state, and in the process violate the First Amendment rights of the state’s reading public. The bill was signed by the Governor of Arkansas on March 30 and is slated to go into effect on August 1, 2023. Carol Coffey, President of the Arkansas Library Association; Nate Coulter, Executive Director of the Central Arkansas Library System; Alison Hill, the CEO of the American Booksellers Association; Maria Pallante, President and CEO of the Association of American Publishers; Mary Rasenberger, CEO of the Authors Guild; Deborah Caldwell- Stone, the Executive Director of the Freedom to Read Foundation; Pearl’s Books; Kandi West, Lia Lent and Lynne Phillips, owners of WordsWorth Books; and Adam Webb released the following statement on the suit: “Together, we have filed this lawsuit to protect the first amendment rights of Arkansas’ reading community. Arkansas Act 372 robs the state’s readers of their constitutional right to receive information and threatens the state’s booksellers and librarians with extreme punishments for performing their core – and essential – function of making books available to the public. This law will ultimately force bookstores and librarians to restrict their offerings to works that are suitable for minors, or bar them from entering institutions that have long served as the nexus between community and learning. “We oppose any and all efforts to undermine the First Amendment, which is foundational to our democracy and critical to the lawful exchange of art, literature, and information. Books have long shaped our understanding of the world around us and provided readers with the chance to explore topics that span a vast spectrum of ideas and experiences. The booksellers and librarians of Arkansas are stewards of that proud tradition, and their essential mission of serving the state’s readers must be preserved.” The Freedom to Read Foundation (FTRF) is a non-profit legal and educational organization affiliated with the American Library Association. FTRF protects and defends the First Amendment to the Constitution and supports the right of libraries to collect—and individuals to access—information. “The Freedom to Read Foundation stands with our co-plaintiffs in challenging Arkansas Act 372, which threatens to criminalize the work of librarians and booksellers, and empty Arkansas’ library shelves," said FTRF Executive Director Deborah Caldwell-Stone. "The legislation shows egregious disregard for the work of trusted library professionals and the First Amendment rights of the people of Arkansas. FTRF will always be on the front lines of the fight to preserve the freedom to read, both in Arkansas and throughout the nation." What the Bill Would Do The lawsuit will challenge two provisions of Act 372 that violate the First and Fourteenth Amendments. One component of the new law makes it a crime for libraries, booksellers, and any brick-and-mortar establishment that makes it a crime to display or make available works that might be harmful to minors. This will require libraries and booksellers to limit all readers to books appropriate for minors or exclude all minor readers from their premises.The second provision makes it possible for any person in Arkansas to demand the removal of a book the person deems inappropriate, limiting readers to one person’s opinion about what books should be in the library. Plaintiffs The plaintiffs in the suit include the American Booksellers Association, Author’s Guild, Comic Book Legal Defense Fund, Freedom to Read Foundation, and two local bookstores--WordsWorth Books in Little Rock and Pearl’s Books in Fayetteville, and the Association of American Publishers, as well as a consortium of local libraries, librarians, and library advocates, which includes Fayetteville Public Library, Eureka Springs Carnegie Public Library, Central Arkansas Library System (CALS), Arkansas Library Association, Advocates for All Arkansas Libraries, Nate Coulter (Executive Director of CALS); Adam Webb, a librarian from Garland County; Olivia Farrell, an adult CALS patron; and Hayden Kirby, a 17-year-old CALS patron. Counsel Counsel for the various plaintiffs include John T. Adams of Fuqua Campbell, P.A.; Michael Bamberger of Dentons; Bettina Brownstein of the ACLU of Arkanas; and Benjamin Seel and Will Bardwell of Democracy Forward. _______________________________________________________________________________________ Freedom to Read Foundation Files Amicus Brief in Support of Llano County Texans’ Lawsuit Challenging County’s Library Book Censorship
The Freedom to Read Foundation (FTRF) today filed an amicus curiae brief with the Fifth Circuit Court of Appeals in Leila Green Little, et al. v. Llano County, et al., a lawsuit filed by several citizens of Llano County, Texas, to challenge the Llano County government’s decision to remove a large number of books from the Llano County Library shelves because certain library users, county residents, and county officials complained that the books' contents were objectionable. The plaintiffs argue that the removal of books from the library’s collection based upon a dislike or disapproval for the ideas or topics addressed in the book violates the plaintiffs’ First Amendment right to access those books in the library. On March 30, 2023, the federal district court issued a preliminary injunction, ordering Llano County officials to return the censored books to the library shelves and to make them available through the library’s catalog. Llano County officials have appealed that decision, arguing that they are entitled to remove any books they wish based on their disapproval of the books’ viewpoints and content. FTRF’s brief explains that librarians are guided by well-established ethical canons and standards that favor no party, subject, or viewpoint when curating a public library collection, and that assuring access to a broad range of information and ideas is in the highest tradition of public libraries and librarians. The brief further argues that as a matter of professional ethics and the law, no public library may target certain books for removal or restriction because they may be unpopular, controversial, or outside the mainstream. FTRF President Peter Coyl said, "The Freedom to Read Foundation fully supports the Llano County Library patrons fighting for the right to read in their community. Ultimately, it is the voice of concerned citizens that will preserve First Amendment freedoms whenever and wherever they are under threat." Joining FTRF on the brief are the American Library Association (ALA) and the Texas Library Association (TLA). ALA President Lessa Kanani'opua Pelayo-Lozada said, “Librarians take seriously the legal and ethical commitment to manage library collections without partiality to a single viewpoint or idea. ALA stands with the court in upholding the core values of libraries, which mirror – and are historically protected by – the First Amendment.” TLA Board President Gretchen Pruett said, “The Texas Library Association stands with library advocates across the state to support and defend intellectual freedom, which is a core tenant of our democracy. Librarians are professionally trained to develop collections that meet the broad and varied needs of their communities. Attempts to circumvent processes and remove books is a violation of the First Amendment and the right of all citizens to form their own opinions.” About the American Library Association The American Library Association (ALA) is the foremost national organization providing resources to inspire library and information professionals to transform their communities through essential programs and services. For more than 140 years, the ALA has been the trusted voice for academic, public, school, government and special libraries, advocating for the profession and the library’s role in enhancing learning and ensuring access to information for all. About the Freedom to Read Foundation Founded in 1969, the Freedom to Read Foundation (FTRF) is a non-profit legal and educational organization affiliated with the American Library Association. FTRF protects and defends the First Amendment to the Constitution and supports the right of libraries to collect—and individuals to access—information. About the Texas Library Association The Texas Library Association is the largest state library association in the country, representing over 5,000 librarians with a mission to unite and amplify the voices of the library community through advocacy, education and intentional equity, diversity and inclusion. _______________________________________________________________________________________ |
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The Freedom to Read Foundation (FTRF) is a non-profit legal and educational organization. FTRF protects and defends the First Amendment to the Constitution and supports the right of libraries to collect - and individuals to access - information.
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