APLS Chairman John Wahl Applauds Fifth Circuit Ruling: "Relocation Sexually Explicit Content Is Not Censorship"

May 29, 2025 - MONTGOMERY, AL – Alabama Public Library Service (APLS) Chairman John Wahl today praised a recent ruling by the Fifth Circuit Court of Appeals affirming that public libraries have the right to curate their collections - including removing books that are sexually explicit or age-inappropriate - without violating the First Amendment.

The case centered around a public library in Llano County, Texas, where county officials removed 17 books from the library for their content on gender, sexuality, and some children's books that contained nudity. In response, seven library patrons filed a lawsuit in 2022, claiming the actions amounted to censorship.

"This ruling is a major victory for common sense, families, and for parental rights," said Chairman Wahl. "This court decision made it clear that moving books that are inappropriate for children out of youth sections is not censorship - it's responsible stewardship of public libraries and a basic protection for our children."

In the court's decision, the judges made it clear that public libraries engage in government speech when they decide what to include - or exclude - from their shelves. The court firmly rejected the notion that such decisions amount to censorship. Writing with both clarity and boldness, the judges included a strong statement with the majority opinion saying:

We note with amusement (and some dismay) the unusually over-caffeinated arguments made in this case. Judging from the rhetoric in the briefs, one would think Llano County had planned to stage a book burning in front of the library. Plaintiffs and amici warn of "book bans," "pyres of burned books," "totalitarian regimes," and the "Index librorum prohibitorum." One amicus intones: "Where they burn books, they will ultimately burn people. Take a deep breath, everyone. No one is banning (or burning) books.

Wahl said those exaggerated claims mirror some of the same "overheated rhetoric" that has been directed at APLS's new Codes - a set of basic guidelines directing public libraries to create clear content policies, ensure transparency for parents, and adopt age-appropriate placement of materials.

"The Fifth Circuit saw through the woke hysteria surrounding our libraries and reaffirmed what we've said all along: protecting our youth and respecting parents is not censorship," said Wahl. "The people trying to paint this as some kind of 'book ban' are ignoring the facts as well as the foundation of our legal system. No one is preventing people from buying or reading any book they want. The only question is about whether sexually explicit content belongs in taxpayer-funded public spaces accessible to children. Parents have a right to say no - and that right must be respected."