Federal Court Declares Texas Book-Rating Law Unconstitutional for Third Time: Implications for Freedom of Speech

AUSTIN (KXAN) — A significant chapter in the judicial saga surrounding a Texas statute appears to be closing as a federal judge determined on Tuesday that the law contravenes the U.S. Constitution. This decision, echoing similar conclusions by an appellate court, marks the third instance where federal courts have declared the law unconstitutional.

The legislation in question, House Bill 900 of 2023, known as the “Restricting Explicit and Adult-Designated Educational Resources Act,” mandated that book sellers assign content ratings to their publications. The Texas Education Agency was granted the authority to override these ratings, with non-compliance resulting in the removal of such books from educational libraries.

This recent ruling represents a pivotal development in the ongoing legal proceedings, pending any potential appeal by the state of Texas to the U.S. Supreme Court.