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January 2024

Fifth Circuit Court of Appeals Affirms That Texas Book Rating System Is Unconstitutional

Court Ruling Affirms Preliminary Injunction Barring Unconstitutional Book Rating Requirements in Favor of the Coalition of Booksellers, Authors, and Publishers

By Laura Lee Prather
Unlike the oral argument which focused primarily on the unconstitutional definitions and the workings of the rating scheme, the ruling leaned into a surgical analysis of standing, ripeness, and sovereign immunity that dissected each of the State’s arguments as to government speech, the government operations doctrine, and warning labels in great detail.