Amicus Curiae Brief — Leila Green Little, et al., Petitioners v. Llano County, Texas, et al.

Supreme Court briefOct 14, 2025

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Text

No. 25-284

In the

Supreme Court of the United States

LEILA GREEN LITTLE, et al.,

Petitioners,

v.

LLANO COUNTY, TEXAS, et al.,

Respondents.

On Petition for a Writ of Certiorari to the

United States Court of A ppeals for the Fifth Circuit

BRIEF FOR AMICI CURIAE

LOUISIANA CITIZENS AGAINST

CENSORSHIP AND THE LOUISIANA

LIBRARY ASSOCIATION

IN SUPPORT OF PETITIONERS

Bruce Hamilton

Counsel of Record

A nnie Cleveland

Tulane First A mendment

Law Clinic

6329 Freret Street,

Suite 130

New Orleans, LA 70118

(504) 862-8813

bhamilton1@tulane.edu

Attorneys for Amici Curiae

120717

A

(800) 274-3321 • (800) 359-6859

i

TABLE OF CONTENTS

Page

TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . i

TABLE OF CITED AUTHORITIES . . . . . . . . . . . . . . iii

INTERESTS OF AMICI CURIAE . . . . . . . . . . . . . . . . 1

SUMMARY OF THE ARGUMENT . . . . . . . . . . . . . . . 2

ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

I.

L i br a r y Bo ok C ol le c t ion s D o Not

Constitute Government Speech . . . . . . . . . . . . . . 4

A. The Grassroots Establishment and

H ist or y of Lou isia na Libra r ies

Demonstrate That They Are Civic

Hubs Responsive to Local Needs . . . . . . . . . 7

B. S h u r t l e f f I n s t r u c t s L i b r a r y

Book Collections Cannot Be

Government Speech . . . . . . . . . . . . . . . . . . . 11

i.

Library Collections Have Not

H i s t o r i c a l l y B e e n Us e d t o

Proclaim Official Government

Messages . . . . . . . . . . . . . . . . . . . . . . . . 12

ii. The Public Does Not Perceive

Library Books to Communicate a

Government Message . . . . . . . . . . . . . . 15

ii

Table of Contents

Page

iii. The Government Does Not Control

Libra r y Book Collections to

Convey a Message . . . . . . . . . . . . . . . . . 17

II. Censorship Disproportionately Harms

Young Readers, and Members of Low

Income and Marginalized Communities . . . . . . 21

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

iii

TABLE OF CITED AUTHORITIES

Cases

Page

Bd. of Educ. v. Pico,

457 U.S. 853 (1982) . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 7

Cornelius v. NAACP Legal Defense & Educ.

Fund, Inc.,

473 U.S. 788 (1985) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Griswold v. Connecticut,

381 U.S. 479 (1965) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Harper v. Va. State Bd. of Elections,

383 U.S. 663 (1966) . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Little v. Llano Cnty.,

138 F.4th 834 (5th Cir. 2025) . . . . . . . . . . . . . . . . . . . . 2

Matal v. Tam,

582 U.S. 218 (2017) . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Pleasant Grove City v. Summum,

555 U.S. 460 (2009) . . . . . . . . . . . . . . . . . . . . . . 5, 12, 20

Shurtleff v. City of Boston,

596 U.S. 243 (2022). . . . . . . . . . . . . . . . . . . 11, 12, 15-21

W. Va. State Bd. of Educ. v. Barnette,

319 U.S. 624 (1943) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

iv

Cited Authorities

Page

Walker v. Texas Div., Sons of Confederate

Veterans,

576 U.S. 200 (2025) . . . . . . . . . . . . . . . . . . . 5, 12, 19, 20

Other Authorities

A m. Libr. A ss’n, Top 10 Most Challenged Books

of 2024 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

A merican Library A ssociation, Library Bill

of Rights, https://w w w.ala.org/advocacy/

intfreedom/librarybill, https://perma.cc/EYC76CVT (last visited Oct 1, 2025); Evaluating

Library Collections: An Interpretation of the

Library Bill of Rights, A merican Library

A ssociation (rev. 2014) . . . . . . . . . . . . . . . . . . . 3, 16, 19

American Library Association, Louisiana Librarian

Resigns in Censorship Row, 11 Newsl. on Intell.

Freedom 1 (Donald V. Black ed., 1962) . . . . . . . . . . . 14

A m. Psych. A ss’n, Education and Socioeconomic

Status (2017) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Paul Bixler, Magazines Banned in Louisiana and

Mississippi, 4 Newsl. on Intell. Freedom 1

(July 1956) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Jim Bradshaw, Great Flood of 1917, 64 Parishes

(Feb. 14, 2024) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

v

Cited Authorities

Page

Roby Chavez, As LGBTQ Book Challenges Rise,

Some Louisiana Librarians Are Scared to Go

to Work, PBS NewsHour (Feb. 27, 2023) . . . . . . 25, 26

Caroline Mala Corbin, Essay: Government

Speech and First Amendment Capture,

107 Va. L. Rev. 224 (2021). . . . . . . . . . . . . . . . . . . . . . . 3

The Daily A dvertiser, Parents, Teachers Fight

Book Ban, Mar. 2, 1988 . . . . . . . . . . . . . . . . . . . . . . . 17

T he Daily Review, On Certain ‘Comic Book’

Ban Finds Study by Council Committee,

Apr. 15, 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Daily World, Comic Book Ban List Discussed at

V-Platte P-TA Meet, Jan. 28, 1995 . . . . . . . . . . . . . . . 14

Daily World, N.O to Launch Comic Book Ban,

Feb. 2, 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Alma Dawson and Kathleen de la Peña McCook,

Rebuilding Community in Louisiana after

the Hurricanes of 2005, 45 American Library

Association Reference & User Ser vices

Quarterly 292 (2006) . . . . . . . . . . . . . . . . . . . . . . . . . 11

E a st B at on R ouge Pa rish L ibr a ry, Policy

St at ement on Col lection Development ,

(rev. Nov. 16, 2023) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

vi

Cited Authorities

Page

Far from the Library, a Special Set of Challenges,

5 Am. Libraries (May 2000). . . . . . . . . . . . . . . . . . . . 11

Wilbur C. Holtman, The Second Twenty-Five

Years of the Louisiana State Library: 1950-75

(Louisiana State Library, Mar. 1976) . . . . . . . . . . . . . 9

Piper Hutchinson, These Books and Authors Were

Challenged the Most at Louisiana Libraries,

Louisiana Illuminator (Jan. 17, 2023) . . . . . . . . . . . 28

Jeansonne, G. (2023, June 28). Leander Perez. 64

Parishes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Georgia Jensen, We Need Our Public Libraries,

and Now They Need Us Too, Inequality.org

(July 3, 2024) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Florence M. Jumonville, Spreading the Gospel

of Books: Essae M. Culver and the Genesis of

Louisiana Parish Libraries (2019) . . . . . . . . . . . 2, 7-10

Cheryl Knott, Not Free, Not For A ll: Public

Libraries in the Age of Jim Crow (Univ. of Mass.

Press, 2015) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Ne w O r l e a ns P u bl ic L ibr a ry , Collection

Development Policy (rev. Nov. 2023) . . . . . . . . . . . . . 18

vii

Cited Authorities

Page

Lisa Peet, Lafayette Public Library Board

Declines Grant for Voting Rights Discussion,

Community Speaks Out in Af ter math,

Library Journal (Mar. 4, 2021) . . . . . . . . . . . . . . . . . . 6

Lisa Peet, Louisiana Libraries Emerge from

Flooding Largely Intact, Anticipate Later Losses,

Library Journal (Sep. 8, 2016) . . . . . . . . . . . . . . . . . . 10

Livingston Parish Library, Collection Development,

in P ol ic y M a n ua l 81, §5 (on f i le w ith

Livingston Parish Library, 2025) . . . . . . . . . . . . . . 4, 7

L i v i n g s t o n Pa r i s h L ib r a r y , Ob je c tiv e s,

in Policy Manual 82 . . . . . . . . . . . . . . . . . . . . . . . 18, 19

Louisiana Library Association, Legislative Policy

Statement (2025) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

William H. Masters & Virginia E. Johnson, Human

Sexual Response (Little, Brown and Co.

ed., 1966) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

PEN A m ., Banned in the USA: State Laws

Supercharge Book Suppression in Schools

(Apr. 20, 2023) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Pen Am., Cover to Cover: An Analysis of Titles

Banned in the 23-24 School Year (Feb. 27, 2025),

https://pen.org/report/cover-to-cover/ . . . . . . . . . . . 25

viii

Cited Authorities

Page

Caroline Puryear, Books for Me but Not for Thee:

How Modern Book Banning in Public Libraries

Will Broadly Disenfranchise First Amendment

Liberties, 62 Hous. L. Rev. 211 (2024) . . . . . 21, 23, 24

Ishena Robinson, Anti-CRT Mania and Book

Bans Are the Latest Tactics to Halt Racial

Justice, Legal Def. Fund . . . . . . . . . . . . . . . . 4, 24, 25

Jennifer Shore, How Social Policy Impacts

Inequalities in Political Efficacy, 14 Socio.

Compass 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

T he Shreveport J., Library Board to Meet—

Censorship of Children’s Books to Be Discussed,

July 29, 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Bruton R. Sisco and Donna L. Whitson, Libraries:

The People’s University, 47 New Directions For

A dult and Continued Education 21 (1990) . . . . . . . 2

State Libr. of La., Mission and Values . . . . . . . . . . . . . 3

State Library of Louisiana Department of Culture,

Recreation & Tourism, Louisiana Libraries.

A Repor t on the Economic and Service

Impact of Louisiana Libraries (1996). . . . . . . . . . . . 2

S ara h S ulli va n et al ., T o R ea d or Not T o

Read: A Question of National Consequence

(Nat’l Endowment for the Arts 2007) . . . . . . . . . . . . 22

ix

Cited Authorities

Page

Rodrick Taylor, Suppor ters of Threatened

Lafayette Librarian Speak Up at Parish

Council Meeting, KLFY.com (Aug. 3, 2022) . . . . . . . 6

Bonnie Terry, 6 Benefits of Summer Reading

Programs, Scholar Within (June 5, 2024) . . . . . . . 24

The Times, Objectionable Comic Book Ban Studied,

Sept. 30, 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

J. Whittingham, Book Insecurity: More Than Lack

of Access, 27 Language & Literacy 2 (2025) . . . . . 22

Janelle Zetty, A Historical Analysis of Book

Challenges and Banning in Louisiana, Codex:

T he J. of the L a . Chapter of the ACRL

(2025) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 15, 17

1

INTERESTS OF AMICI CURIAE1

Louisiana Citizens Against Censorship (“LA-CAC”)

is a volunteer-run organization of Louisiana residents

committed to protecting the right to receive information

through books and other library materials. LA-CAC

includes members across the State who oppose arbitrary

restrictions on access to knowledge. Its mission is to

ensure that every library remains a place where all

people—regardless of race, religion, sexual orientation,

socioeconomic background, disability status, or creed—

can explore the world, learn from diverse histories and

experiences, and engage in meaningful self-education.

LA-CAC has a direct and urgent interest in preventing

censorship and preserving libraries’ essential function as

free and open institutions of learning.

The Louisiana Library Association (“LLA”) is a

professional association of librarians and other library

professionals. Established in 1925, the LLA has a

critical interest in continuing to provide high quality

library services, collections, and facilities, which are

fully adequate to support instruction, research, selfeducation, and pleasure reading in order that the citizens

of Louisiana may be well-informed and able to achieve full

self-development.

1. Pursuant to Supreme Court Rule 37.2, counsel of record

for all parties received timely notice of the intent to file this brief.

Pursuant to Rule 37.6, no counsel for a party authored this brief

in whole or in part, or made a monetary contribution intended

to fund the preparation or submission of this brief. No person or

entity other than amici curiae, their members, or their counsel

made a monetary contribution to the preparation or submission

of the brief.

2

SUMMARY OF THE ARGUMENT

“ . . . deeds and not words will provide an

opportunity for librarians to work together

toward the goal of freedom and opportunity

to read for all the people.” 2 Essae M. Culver

Our country has long understood that public libraries

serve as “the people’s universities.”3 This is especially true

in rural states like Louisiana, where many communities

facing high poverty and illiteracy rates rely on libraries

for educational resources.4 Amici submit this brief to

underscore the vital role of public libraries as pluralistic

institutions that provide access to knowledge, culture,

and civic engagement. The Fifth Circuit held that book

collections of public libraries constitute government

speech, and thus the First Amendment is not applicable

to book-removal decisions. 5 This holding overturns wellestablished precedent and eviscerates constitutional

protections that have long ensured free community access

to a diversity of ideas and information.

2. Florence M. Jumonville, Spreading the Gospel of Books:

Essae M. Culver and the Genesis of Louisiana Parish Libraries

70 (2019).

3. Bruton R. Sisco and Donna L. Whitson, Libraries: The

People’s University, 47 New Directions For A dult and Continued

Education 21, 21 (1990).

4. State Library of Louisiana Department of Culture,

Recreation & Tourism, Louisiana Libraries. A Report on the

Economic and Service Impact of Louisiana Libraries, 4 (1996).

5. Little v. Llano Cnty., 138 F.4th 834, 865 (5th Cir. 2025).

3

Public libraries, and the collections of books they

contain, are fundamentally different from traditional

forums of government speech. Unlike official flags or

license plates, library collections do not communicate a

singular viewpoint.6 Libraries are inclusive institutions

whose mission is to facilitate the exploration of ideas, meet

the informational needs of their communities, and preserve

local traditions.7 Louisiana’s history demonstrates

that libraries are, and are intended to be, community

institutions, entrenched in cultural heritage, built through

community investment, and designed to serve all. The

State Library of Louisiana actively promotes “equal

access to information for all citizens,” preserves “the

literary and cultural heritage of Louisiana,” and defends

“intellectual freedom.” 8 Libraries across Louisiana’s

parishes already have policies in place for book challenges,

wherein members of the community work with librarians

6. Caroline Mala Corbin, Essay: Government Speech and

First Amendment Capture, 107 Va . L. Rev. 224, 225-9 (2021).

7. Library Bill of Rights, A merican Library A ssociation,

https://w w w.ala.org/advocacy/intfreedom/ librarybill, https://

perma.cc/EYC7-6CVT (last visited Oct 1, 2025); Evaluating

Library Collections: An Interpretation of the Library Bill

of Rights, A merica n L ibrary A ssociation (rev. 2014), https://

w w w.ala.org/advocacy/intfreedom/librarybill/interpretations/

evaluatinglibrary, https://perma.cc/ V4HW-BMDD (recognizing

collection decisions should turn on literary, artistic, or informational

merit, accuracy and authority, and significance of subject matter, not

partisan or doctrinal disapproval).

8. Mission and Values, state Libr. of La .,(last visited Sept.

26, 2025), https://library.la.gov/about-us/mission-and-values/,

https://perma.cc/GC38-VZ2U.

4

and library boards to evaluate challenged texts.9 The Fifth

Circuit’s decision undermines this democratic process by

granting the government carte blanche to censor books.

The consequences of book removals are tangible.

Youth, low-income patrons, and marginalized communities

are particularly affected. Titles by and about minorities

are disproportionately targeted, resulting in reduced

circulation and eventual erasure.10 The removal of books

based on viewpoint and content-based discrimination

transforms libraries into agencies of exclusion.

All citizens have a right to access a diversity of ideas

and information free from government overreach. This

Court should grant review and reverse the decision below.

ARGUMENT

I.

Library Book Collections Do Not Constitute

Government Speech.

Designating library collections as government speech

gives government officials unchecked authority to remove

books because of disfavored ideas, eroding the longestablished principle that “[i]f there is any fixed star in

9. See Livingston Parish Library, Collection Development,

in Policy M anual 81, §5 (on file with Livingston Parish Library,

2025) (“Suggestions from the public regarding the selection and

retention of materials shall be reviewed for consideration by

appropriate professional staff. Decisions based thereon shall be

in accordance with all necessary guidelines and mandates.”).

10. Ishena Robinson, Anti-CRT Mania and Book Bans Are

the Latest Tactics to Halt Racial Justice, Legal Def. Fund,

https://www.naacpldf.org/critical-race-theory-banned-books/.

5

our constitutional constellation, it is that no official, high

or petty, can prescribe what shall be orthodox in politics,

nationalism, religion, or other matters of opinion.”11 This

Court has extended First Amendment protections against

viewpoint and content-based discrimination to libraries.

In Board of Education v. Pico, this Court held school

officials could not remove books from school libraries

because they disagreed with the ideas they contained,

affirming libraries as spaces for inquiry and access.12 The

Fifth Circuit’s opinion cursorily discards this precedent,

claiming that First Amendment protections do not apply

because a public library’s book collections constitute

government speech.

But the government-speech doctrine is a narrow

exception to broad First Amendment protections, and

it applies only when three criteria are met: (1) the

government is clearly the speaker; (2) the public reasonably

understands the message as emanating from the state;

and (3) the expression functions as the government’s own

proclamation rather than as a platform for private use.13

Louisiana public libraries meet none of these criteria.

Two recent incidents from Lafayette, Louisiana

illustrate the ill-fitting and pernicious application of this

11. W. Va. State Bd. Of Educ. V. Barnette, 319 U.S. 624 (1943).

12. 457 U.S. 853, 875 (1982).

13. Walker v. Texas Div., Sons of Confederate Veterans, 576

U.S. 200, 207-08 (2025); see also Pleasant Grove City v. Summum,

555 U.S. 460, 464 (2009) (holding that the placement of permanent

monuments in a public park constituted government speech

because the government selects the monuments and controls the

message).

6

doctrine to public libraries. In 2021, the Lafayette Library

Board rejected a grant from the Louisiana Endowment for

the Humanities intended to fund a program titled “Who

Gets to Vote?”14 The initiative focused on addressing the

historical disenfranchisement of Black voters and local

civil rights struggles of racial minorities in Louisiana.

Concerned about appearing neutral on the “divisive” issue

of voting rights, the Parish Council’s appointed Library

Board rejected the grant, stating that the program lacked

balance because it did not include conservative viewpoints

on the right to vote.15 This decision caused outrage in

the community and sparked criticism from civil-rights

organizations condemning the board’s action as a denial of

access to essential historical narratives and infringement

on intellectual freedom.16 The Library Board faced similar

scrutiny after passing a policy that banned “controversial”

displays, including exhibits highlighting Cajun and local

culture.17

Treating library displays, activities, or book collections

as government speech enables government overreach and

14. Lisa Peet, Lafayette Public Library Board Declines

Grant for Voting Rights Discussion, Community Speaks Out

in Afternamth, Library Journal (Mar. 4, 2021), https://www.

libraryjournal.com/story/Lafayette-Public-Library-BoardDeclines-Grant-for-Voting-Rights-Discussion-CommunitySpeaks-Out-in-Aftermath.

15. Id.

16. Id.

17. Rodrick Taylor, Supporters of Threatened Lafayette

Librarian Speak Up at Parish Council Meeting, KLFY.com (Aug.

3, 2022), https://www.klfy.com/local/lafayette-parish/supporterslafayette-librarian-parish-council/.

7

encourages censorship. Libraries are dynamic forums

in which patrons explore debated ideas. Throughout

history, collection development policies have been

rooted in professional standards and public service, not

discrimination.18 This Court has repeatedly recognized

that “the State may not, consistently with the spirit of

the First Amendment, contract the spectrum of available

knowledge.”19 This Fifth Circuit’s recasting of library

book collections as government speech does just that.

A.

The Grassroots Establishment and History of

Louisiana Libraries Demonstrate That They

Are Civic Hubs Responsive to Local Needs.

Louisiana history illustrates the emergence of public

libraries as civic institutions rooted in and shaped by

community participation and cultural responsiveness.

Early in Louisiana’s history, low literacy rates and

insufficient access to books motivated communities to

act when the state did not. 20 Rural parishes, home to

Spaniards, French Cajuns, African Americans, and

English settlers, reflected a diversity of culture and

18. See, e.g., Livingston Parish Library, supra note 9, at 81,

§2 (“Selection and retention of books and other materials shall

be made according to the value that material has to the interest,

information, recreation and enlightenment for all the people of

Livingston Parish.”); Louisiana Library Association, Legislative

Policy Statement (2025), https://llaonline.org/Legislative-PolicyStatement (affirming adherence to the ALA’s Library Bill of

Rights and opposing ideological censorship in library collections).

19. Bd. of Educ. v. Pico, 457 U.S. 853, 866 (1982) (quoting

Griswold v. Connecticut, 381 U.S. 479, 482 (1965)).

20. Jumonville, supra note 2, at xi-4.

8

ideas. 21 That diversity fueled a shared desire for access

to knowledge and literature representing multiple

viewpoints. 22

In the early 1900’s, Essae M. Culver, the first state

librarian of Louisiana and former president of the American

Library Association (ALA), led Louisiana’s library plan,

which “became the exemplar for the nation and for foreign

countries.” 23 Culver viewed librarians as champions of

freedom, tasked with bringing books to all people. 24 The

foundation she laid ensured that Louisiana libraries

would preserve cultural heritage, guarantee free access

to information, and serve community needs. The state’s

libraries grew through grassroots activism. 25 Women’s

book clubs developed into various library associations,

with objectives focused on personal development, civic

responsibility, and educational participation. 26 Members

lobbied for the furthering of women’s and children’s rights,

supported scholarship programs, and undertook the task

of collecting and curating collections. 27

Community support continued to fuel exponential

growth for libraries across the state. Louisiana’s library

21. Id. at 18.

22. Id. at 63-67.

23. Id. at xi.

24. Id. at 68-70.

25. Id.

26. Id. at 1-2.

27. Id.

9

law of 1910 granted the state authority to organize

and support libraries, but it provided little funding,

rendering the law largely ineffectual on its own. 28 Local

civic organizations, such as the Louisiana Federation of

Women’s Clubs, stepped up when the government fell

short. 29 These community organizations lobbied and

operated traveling libraries, ensuring that communities

had access to books. 30 In 1920, the state responded by

creating the Louisiana Library Commission (LLC),

whose role was to coordinate library development across

parishes, distribute resources, and provide training

to librarians – supporting local initiatives rather than

dictating content or messaging. 31 The first phase of

this initiative provided any citizen of the state with the

ability to borrow a book by mail, covering the cost of

shipping. 32 The second phase of the Louisiana library plan

was bookmobiles, enabling the library to bring books to

many of whom lived too far to access the building. 33 The

library demonstration program, which involved temporary

branches set up in post offices, doctors’ offices, and private

homes, was tailored to local needs, offering books on

farming in rural parishes, religious texts in towns with

28. Id. at 5.

29. Id.

30. Id.

31. Id.

32. Wilbur C. Holtman, The Second Twenty-Five Years of the

Louisiana State Library: 1950-75 6 (Louisiana State Library, Mar.

1976), available at https://www.state.lib.la.us/files/Publications/

LSL_50th_Anniversary-rev.pdf.

33. Jumonville, supra note 2, at 59.

10

strong church communities, or children’s literature where

young families were concentrated. 34 In 1925, the Carnegie

Corporation awarded Louisiana a $50,000 grant to support

a statewide library system that enhanced already existing

local enthusiasm and community efforts. 35

The civic function of libraries is especially evident

during times of crises. During the Great Flood of 1927,

heavy rainstorms caused the Mississippi River to overflow

its banks, f looding twenty parishes and displacing

countless residents. 36 In Rayville, a librarian walked and

paddled through flooded streets to her library, saving

books. 37 In the days after the flood, the library and the

pharmacy were the only two establishments that remained

operational, with residents travelling by boat to the library

to borrow books amid the disaster. 38 This tradition of

libraries as vital community anchors has continued—when

Louisiana again experienced devastating flooding in 2016,

local libraries sent librarians out into the community

shelters to provide mobile Wi-Fi hotspots, story times,

and puppet shows.39 Similarly, in the immediate aftermath

34. Id. at 65-67.

35. Id. at 8.

36. Jim Bradshaw, Great Flood of 1917, 64 Parishes (Feb 14,

2024), https://64parishes.org/entry/great-flood-of-1927-adaptation,

https://perma.cc/B95L-BNCH.

37. Jumonville, supra note 2, at 34-35.

38. Id. at 35.

39. Lisa Peet, Louisiana Libraries Emerge from Flooding

Largely Intact, Anticipate Later Losses, Library Journal (Sep. 8,

2016), https://www.libraryjournal.com/story/louisiana-librariesemerge-from-flooding-largely-intact-anticipate-later-losses.

11

of Hurricane Katrina, librarians were among the first to

step in and help rebuild their parishes.40

Modern Louisiana libraries continue to serve as

community hubs. Bookmobiles still travel through

rural towns to provide books to schoolchildren.41 Local

libraries continue to reflect and amplify local culture.

Louisiana’s libraries persist as vital spaces where citizens

go to connect to their culture, encounter new ideas, and

participate in their community.

B.

Shurtleff Instructs Library Book Collections

Cannot Be Government Speech.

This Court’s jurisprudence regarding the government

speech doctrine underscores how inapplicable it is to book

collections. In Shurtleff v. City of Boston, this Court

held that government expression occurs only when: (1)

the government has historically spoken on the subject,

(2) the public reasonably perceives the expression as

the government’s own message, and (3) the government

exercises direct and meaningful control over content and

its dissemination.42 The decision underscored that the

First Amendment presumes robust public discourse–

40. A lma Dawson and Kathleen de la Peña McCook,

Rebuilding Community in Louisiana after the Hurricanes

of 2005, 45 American Library Association Reference & User

Services Quarterly 292, 292 (2006).

41. See Far from the Library, a Special Set of Challenges, 5

Am. Libraries 51 (May 2000).

42. 596 U.S. 243, 252 (2022).

12

especially in civic spaces designed for community use.43

Expressions intended to facilitate public dialogue, even if

government-funded or curated, do not necessarily become

government speech.44 The Court cautioned that, when the

government opens a space for private expression, it cannot

later invoke government speech to evade constitutional

scrutiny.45 Such is precisely the case here.

i.

Library Collections Have Not Historically

Been Used to Proclaim Official Government

Messages.

The first Shurtleff factor concerns whether the

government has historically used libraries to proclaim

official messages.46 Louisiana’s history demonstrates the

opposite; local libraries evolved as grassroots expressions

of community ethos, see §I(A) supra. Although the State’s

history includes acts of censorship, they arose from local

pressures and do not reflect the expression of government

views. This is supported by the historical record. During

43. Id. at. 249; see also Cornelius v. NAACP Legal Defense

& Educ. Fund, Inc., 473 U.S. 788, 802 (1985) (noting that when

examination of the government’s “policy and practice” indicates

that the government has “intentionally open[ed] a nontraditional

forum for public discourse,” a court may immediately infer that

private-party expression in the forum is not government speech).

44. See Shurtleff, 596 U.S. at 257; see also Summum, 555 U.S.

at 472–73 (2009) (emphasizing that Pleasant Grove City always

selected which monuments it placed in its park, whether or not the

government funded them, and typically took ownership over them).

45. Shurtleff, 596 U.S. at 258-59.

46. Shurtleff, 596 U.S. at 252 (citing Walker, 576 U.S. at

209-14).

13

the 1930s, rural libraries reflected Jim Crow policies,

excluding “books that describe the emancipated Negro.”47

This abhorrent policy was motivated by local attempts to

conform to segregationist sentiment.48 In 1956, Bossier

and Claiborne parish libraries removed Life, Time, and

Look from shelves, condemning coverage of the Emmett

Till case and Supreme Court rulings as “distorted views”

meant to “prejudice and inflame the American people

against the South.”49 Similarly, in 1956, the Shreveport

Journal labeled a children’s picture book Black and White

as “insidious interracial propaganda.” 50

From the 1950s through the 1980s, Louisiana libraries

often resisted such censorship. By the Civil Rights era,

libraries shelved “contentious” material on race, sexuality,

and social change. A Plaquemines Parish librarian faced

direct pressure from the Democratic president of the

parish council to censor materials supportive of Black

advancement in defiance of Brown v. Board of Education

47. Cheryl Knott, Not Free, Not For A ll: Public Libraries

in the Age of Jim Crow 202 (Univ. of Mass. Press, 2015).

48. See generally Janelle Zetty, A Historical Analysis of Book

Challenges and Banning in Louisiana, Codex: The J. of the La .

Chapter of the ACRL (2025), https://scholarshub.louisiana.edu/cgi/

viewcontent.cgi?article=1010&context=ul_fac_scholarship.

49. Paul Bixler, Magazines Banned in Louisiana and

Mississippi, 4 Newsl. on Intell. Freedom 1, 1 (July 1956), https://

alair.ala.org/server/api/core/bitstreams/fb938757-2f62-4cba-91e1c223a85433c6/content.

50. Library Board to Meet—Censorship of Children’s Books

to Be Discussed, The Shreveport J., July 29, 1959, at 1, https://

www.newspapers.com/article/the-shreveport-journal/168433063/

14

and the Civil Rights Acts.51 The parish president even told

the librarian to deny services to African Americans. 52

The librarian resigned, publicly rejecting censorship and

demonstrating that professional ethics trumped political

coercion. 53

Library controversy persisted into the late Twentieth

Century. City officials, school administrators, church

leaders, and organizers of youth programs in Lafayette,

Donaldsonville, Baton Rouge, New Orleans, and Monroe

debated banning comic books for allegedly contributing

to juvenile delinquency. Librarians presented lists of

the challenged materials at parent-teacher association

meetings and noted that they had been “condemned by

specialists in child education.”54 Meanwhile, other parishes

51. American Library Association, Louisiana Librarian

Resigns in Censorship Row, 11 Newsl. on Intell. Freedom 1, 6

(Donald V. Black ed., 1962) https://alair.ala.org/server/api/core/

bitstreams/43c32217-b521-4dc1-98c0-e9da66883846/content.

52. Jeansonne, G. (2023, June 28). Leander Perez. 64

Parishes. https://64parishes.org/entry/leander-perez-adaptation

53. American Library Association, Louisiana Librarian

Resigns in Censorship Row, 11 Newsl. on Intell. Freedom 1, 6

(Donald V. Black ed., July 1962), https://alair.ala.org/server/api/

core/bitstreams/43c32217-b521-4dc1-98c0-e9da66883846/content

54. Comic Book Ban List Discussed at V-Platte P-TA Meet,

Daily World, Jan. 28, 1995, at 24, https://www.newspapers.com/

article/daily-world/118696814/; N.O to Launch Comic Book Ban,

Daily World, Feb. 2, 1949, at 16, https://www.newspapers.com/

article/daily-world/118695426/; Objectionable Comic Book Ban

Studied, The Times, Sept. 30, 1954, at 2, https://www.newspapers.

com/article/the-times/132997406/; On Certain ‘Comic Book’ Ban

Finds Study by Council Committee, T he Daily Review, Apr.

15, 1955, at 1, https://www.newspapers.com/article/the-dailyreview/134337037/.

15

retained scientific works deemed morally provocative,

such as Masters and Johnson’s Human Sexual Response

(1966). 55 Conservative groups targeted “problem novels”

as others defended them on pedagogical grounds. 56

This history–contested and locally varied–is the

opposite of the continuous tradition the Court deems

a basis for government speech (compared with license

plates or permanent monuments). The inconsistency of

censorship attempts, historical resistance, and retention

of groundbreaking works all demonstrate that Louisiana

libraries were never used to communicate a coherent

government message.

ii.

The Public Does Not Perceive Library

Books to Communicate a Government

Message.

The second Shurtleff factor tests whether a reasonable

member of the public would perceive an expression as the

government’s message. 57 When “the government invites

the people to participate in a program” and the public has

not traditionally associated the medium with government

speech, the expression cannot be treated as the

government’s own. 58 Louisiana’s history overwhelmingly

55. William H. Masters & Virginia E. Johnson, Human

Sexual Response (Little, Brown and Co. ed., 1966) (cataloged at

Orleans Parish Public Library, New Orleans, La., 1970s, according

to library records).

56. Zetty, supra note 48.

57. Shurtleff, 596 U.S. at 252.

58. Id.

16

demonstrates that patrons and officials understand library

collections to be instruments of access and inquiry.

The Louisiana library system has widely adopted the

ALA’s Library Bill of Rights, which explicitly provides

that libraries should “provide materials and information

presenting all points of view on current and historical

issues” and that “materials should not be proscribed or

removed because of partisan or doctrinal disapproval.”59

These principles shape both institutional conduct and

public expectations: library curation is guided by expertise,

not political bias. Libraries can house contradictory and

“controversial” works because they are not state speech,

which patrons implicitly understand from book collections’

multivalent views. As Shurtleff emphasized, when a forum

lacks history of government endorsement and invites a

multiplicity of private views, reasonable observers will

not attribute the expression to the government.60 Publicly

contested book challenges, open board meetings, editorial

debates, and professional standards all demonstrate that

the public doesn’t view library holdings as government

orthodoxy.

Louisiana is no stranger to concerns regarding

“contentious” books. From controversies over Huckleberry

Finn and I Know Why the Caged Bird Sings in the 1990s,

to recent intra parish campaigns challenging titles such

as All Boys Aren’t Blue, Louisiana’s library disputes

historically unfolded as community conflicts rather than

59. Library Bill of Rights, A merican Library A ssociation,

https://www.ala.org/advocacy/intfreedom/librarybill (last visited

Oct 1, 2025).

60. Shurtleff, 596 U.S. at 255-56.

17

contests over state policy.61 In Bossier and Claiborne

Parishes, for instance, parents, ministers, and advocacy

groups voiced objections to particular works, often

through petitions, PTA meetings, or letters to the editor.62

But these protests consistently attribute challenged ideas

to authors or social movements, not to the state or federal

government. When Slaughterhouse-Five was challenged

in Baton Rouge, local editorials debated whether the book

was appropriate for young readers, but no one suggested

it expressed a government message.63 These recurring

public controversies reflect that Louisiana residents have

long understood library materials as community resources

subject to local debate.

Both societal norms and the practical everyday

experiences of library patrons confirm that reasonable

members of the public do not recognize library collections

as a government message.

iii. The Government Does Not Control Library

Book Collections to Convey a Message.

The third Shurtleff factor examines whether the

government maintains direct and meaningful control

over the message conveyed. 6 4 In Louisiana, public

librarians adhere to collection-development policies

61. Zetty, supra note 48.

62. Id.

63. Parents, Teachers Fight Book Ban, The Daily A dvertiser,

Mar. 2, 1988, at 9, https://www.newspapers.com/article/the-dailyadvertiser/132996089/.

64. Shurtleff, 596 U.S. at 252.

18

that emphasize access to a variety of opinions, assist

the individual’s intellectual and cultural growth, and

stimulate thoughtful participation in the affairs of the

community.65 Such policies are implemented through staff

committees or department heads, incorporating objective

criteria–literary merit, educational value, and community

interest. 66 Collection-development policies emphasize

that librarians should consider the needs of patrons.67

Public input comes through advisory boards, comment

periods, and surveys, but final acquisition decisions rest

with trained professionals who are bound by ethical codes

emphasizing intellectual freedom, neutrality, and access

to information.68

As in Shurtleff, when the Court observed that Boston

exercised no meaningful involvement in selecting flags or

crafting their messages, Louisiana parishes authorize

budgets and establish library governance structures,

but they do not directly oversee or approve individual

65. See, e.g., Livingston Parish Library, Objectives, in Policy

Manual 82, https://www.mylpl.info/sites/default/files/2025-09/

LPL_Policy_Manual_09162025.pdf (last updated Sept. 16, 2025);

Collection Development Policy, New Orleans Public Library (rev.

Nov. 2023), https://nolalibrary.org/policies/collection-developmentpolicy/ (last visited Oct. 2, 2025); Policy Statement on Collection

Development, East Baton Rouge Parish Library (rev. Nov. 16,

2023), https://www.ebrpl.com/wp-content/uploads/2024/04/PolicyStatement-on-Collection-Development.11.16.2023.pdf (last visited

Oct. 2, 2025).

66. Livingston Parish Library, supra note 65.

67. Id.

68. Id.

19

acquisitions.69 As this Court explained, “control” must

involve the kind of “direct editorial oversight” that

characterizes government-authored speech.70 This

is in stark contrast to library acquisitions, which are

decentralized, policy-driven, and mediated by professional

ethics.71

Government-funded purchase of books likewise does

not equate to meaningful editorial control. Indeed, this

Court has squarely rejected the notion that mere public

ownership or funding transforms a venue for expression

into one of state messaging.72 As this Court wisely

cautioned in Shurtleff, when applied bluntly, it is difficult

to determine whether the government speech doctrine is

“a subterfuge for favoring certain private speakers over

others based on viewpoint.” 73 The Court has repeatedly

warned that extending the doctrine too broadly would

allow the State to suppress dissent simply by invoking its

property interest or administrative oversight.74

69. Id.; Shurtleff, 596 U.S. at 258.

70. Walker, 576 U.S. at 213.

71. Library Bill of Rights, supra note 59.

72. See Shurtleff, 596 U.S. at 252–53 (emphasizing that

the City’s control—not mere ownership—determined whether

the speech was governmental); see also Walker, 576 U.S. at 208

(distinguishing between government messages and private speech

facilitated by the state).

73. See Shurtleff, 596 U.S. 243 at 262 (Alito, J., concurring

in judgment) (noting government-speech doctrine becomes

“susceptible to dangerous misuse”); see also Matal v. Tam, 582

U.S. 218, 235 (2017) (noting the same).

74. Id.

20

Nor can the government rely on its physical ownership

of library buildings to claim expressive control of

their content.75 This Court has consistently drawn a

line between government speech, which is inherently

communicative, and government-managed spaces, such

as parks, campuses, and libraries, that exist precisely

to accommodate a diversity of viewpoints.76 In Pleasant

Grove City v. Summum, the Court recognized monuments

in a park as government speech because the city selected

and installed them as expressions of civic identity.77 This

Court has similarly held that specialty license plates

were government speech because the state controlled

their design, content, and issuance, signaling official

endorsement.78 Louisiana’s libraries bear none of these

indicia. A shelf containing books is not comparable to a

license plate or a monument. Libraries are intended to

contain contradictory materials—religious and secular,

conservative and progressive, canonical and subversive. To

suggest that each book, or a collection of books, represents

a government message renders the state simultaneously

atheist and devout, pacifist and militarist, abolitionist and

segregationist.

Library collections are not curated to communicate

a unitary message but to furnish citizens with access

to knowledge, exposure to differing perspectives, and

75. See Shurtleff, 596 U.S. at 257 (reasoning ownership alone

does not create government speech).

76. See e.g., Summum, 555 U.S. at 464; Walker, 576 U.S. at

203-04.

77. 555 U.S. at 470-73.

78. Walker, 576 U.S. at 213.

21

the freedom to form one’s own opinions. Public funding

sustains that mission; it does not render it propaganda.

Under Shurtleff, Louisiana libraries exemplify the type of

forum the Court recognizes as open and accommodating

to diverse expressions and ideas.79

II. Censorship Disproportionately Harms Young

Readers, and Members of Low Income and

Marginalized Communities.

As explained above, the historical mission of Louisiana’s

public libraries has been to expand access to ideas.

Discriminatory book removals disproportionately harm

young readers, those who are economically disadvantaged,

and members of marginalized communities. This

constricts the marketplace of ideas for those least able to

seek alternatives.

As evidenced by recent history, book restrictions

disproportionately impact minors. Libraries ignite

curiosity in young readers and often introduce them

to perspectives beyond their immediate communities. 80

Book challenges have increased sharply in recent years

and often result in the removal or placement of materials

79. See Shurtleff, 596 U.S. at 249.

80. See generally Caroline Puryear, Books for Me but Not

for Thee: How Modern Book Banning in Public Libraries Will

Broadly Disenfranchise First Amendment Liberties, 62 Hous.

L. Rev. 211 (2024), https://houstonlawreview.org/article/126277books-for-me-but-not-for-thee-how-modern-book-banning-inpublic-libraries-will-broadly-disenfranchise-first-amendmentliberties (emphasizing that public libraries serve as essential

spaces for youth to access diverse perspectives, especially in

communities with limited resources).

22

in restricted sections. 81 These measures chill access

practically and psychologically, as minors are less likely

to seek materials that require parental intervention or

confront controversy. 82 Voluntary reading is linked to

higher academic achievement, improved cognitive skills,

and increased civic engagement.83 With fewer books on the

shelves reflecting the lived experiences of young readers,

they are less likely to see themselves as valued members

of their communities, diminishing their sense of belonging

and their motivation to read.

Low-income families depend more on public libraries

and face the greatest barriers to access. A 2019 poll

found that low-income households visited their local

libraries more than any income group. 84 These barriers

extend beyond lack of financial resources and include

81. Top 10 Most Challenged Books of 2024, A m. Libr. A ss’n,

https://www.ala.org/bbooks/frequentlychallengedbooks/top10.

82. See generally J. Whittingham, Book Insecurity: More

Than Lack of Access, 27 Language & Literacy 2 (2025), https://

journals.library.ualberta.ca/langandlit/index.php/langandlit/

article/download/29723/21608 (introducing the concept of “book

insecurity,” describing it as a state in which individuals lack access

to books and experience anxiety related to book acquisition,

retention, or loss, highlighting the psychological impact of

restricted access to reading materials).

83. See generally Sarah Sullivan et al., To Read or Not To

Read: A Question of National Consequence (Nat’l Endowment for

the Arts 2007), https://www.arts.gov/sites/default/files/ToRead.

pdf.

84. Georgia Jensen, We Need Our Public Libraries, and Now

They Need Us Too, Inequality.org (July 3, 2024), https://inequality.

org/article/public-libraries-need-us-too/.

23

limited access to civil and political resources, leaving

low-income families at a disadvantage in civic engagement

and informed decision-making. 8 5 For families who

cannot afford to purchase a book, the removal of a book

from the public library is a complete denial. Everyone

cannot purchase books from Amazon or travel to distant

libraries. This Court has recognized the principle that

the government may not impose financial and logistical

hurdles that effectively exclude the poor from exercising

fundamental rights. 86 The removal of books from public

library shelves creates precisely such a financial and

logistical hurdle for low-income readers, by restricting

the marketplace of ideas for those who cannot afford

alternatives.

Children from lower-income backgrounds are

particularly at risk because education inequities compound

these harms. 87 In underfunded school districts, students

face high student-to-teacher ratios, limited or outdated

facilities and materials, and reduced access to enrichment

programs. 88 School-based educational opportunities may

be further impaired by decreased attendance, inadequate

85. Jennifer Shore, How Social Policy Impacts Inequalities

in Political Efficacy, 14 Socio. Compass, 1, 3, https://compass.

onlinelibrary.wiley.com/doi/epdf/10.1111/soc4.12784.

86. Harper v. Va. State Bd. of Elections, 383 U.S. 663, 66668 (1966) (striking down a poll tax as an unconstitutional burden

on the right to vote and noting that financial requirements could

disenfranchise the poor).

87. Education and Socioeconomic Status, A m . P sych .

A ss’n (2017), https://www.apa.org/pi/ses/resources/publications/

education.

88. Puryear, supra note 80.

24

healthcare, or poor nutrition. 89 Students with limited or no

access to school libraries may rely on public libraries for

reading and research materials, making access essential.

By providing access to a wide range of free educational

resources, public libraries can mitigate disparities by

enabling students to pursue further learning regardless of

financial circumstances.90 Many libraries offer programs

tailored to underserved communities, such as homework

help, literacy programs, and computer skills workshops,

which help bridge educational gaps.91 Summer reading

programs, for instance, encourage students to read

regularly and build literacy skills before and during the

school year.92 When books are banned or restricted, these

essential resources are diminished, leading students

to feel ostracized and discouraged from attending the

library at all.

Library censorship also has a heightened impact on

marginalized communities, including racial minorities

and members of the LGBTQ+ community. 93 Books by

and about racial minorities are often targeted because

they challenge dominant narratives. 94 A 2024 PEN

America analysis of the 2023-2024 school year found

that 36% of all banned titles in school libraries featured

characters or people of color and 26% of all banned

89. Id.

90. Id.

91. Id.

92. Bonnie Terry, 6 Benefits of Summer Reading Programs,

Scholar Within (June 5, 2024), https://perma.cc/3CVX-K6GN.

93. Puryear, supra note 80.

94. Robinson, supra note 10.

25

historical and biographical titles feature Black people.95 By

denying individuals from under-represented groups the

opportunity to engage with these narratives, censorship

reinforces systemic oppression and undermines efforts

toward equality. 96 It sends a clear message that the

perspectives and stories of minorities are not valued,

further marginalizing these communities.97

Book challenges have increasingly targeted works

featuring LGBTQ+ characters or themes.98 Out of the

Louisiana parishes that reported book challenges, the vast

majority involved youth and young adult titles featuring

gay characters.99 In St. Tammany Parish, over 150 titles

were challenged in 2023, two-thirds centering on LGBTQ+

experiences.100 Books depicting heterosexual relationships

95. Cover to Cover: An Analysis of Titles Banned in the 2324 School Year, Pen Am. (Feb. 27, 2025), https://pen.org/report/

cover-to-cover/.

96. Robinson, supra note 10.

97. Id.

98. See Banned in the USA: State Laws Supercharge Book

Suppression in Schools, PEN A m. (Apr. 20, 2023), https://pen.

org/report/banned-in-the-usa-state-laws-supercharge-booksuppression-in-schools/. (finding that approximately one-quarter

of banned titles include LGBTQ+ characters or themes).

99. See Piper Hutchinson, These Books and Authors

Were Challenged the Most at Louisiana Libraries, Louisiana

Illuminator (Jan. 17, 2023), https://lailluminator.com/2023/01/17/

these-books-and-authors-were-challenged-the-most-at-louisianalibraries/.

100. See Roby Chavez, As LGBTQ Book Challenges Rise,

Some Louisiana Librarians Are Scared to Go to Work, PBS

NewsHour (Feb. 27, 2023), https://www.pbs.org/newshour/nation/

26

or comparable levels of romantic content rarely garner the

same scrutiny.101 This pattern of objections demonstrates

that queer-affirming titles are more likely to be removed.

Censorship in all forms perpetuates stigma, erases

marginalized voices from public discourse, and can

negatively impact mental health, especially for those who

rely on literature for validation and support.

as-lgbtq-book-challenges-rise-some-louisiana-librarians-arescared-to-go-to-work.

101. Id. (noting that non-LGBTQ titles with similar themes

are rarely targeted).

27

CONCLUSION

The Fifth Circuit’s holding is a dangerous departure

from precedent that permits unfettered government

censorship, threatening intellectual freedom and harming

already vulnerable populations. This Court should

intervene to preserve First Amendment freedoms and

reaffirm that libraries exist to serve the people, not the

government. Based on the foregoing, amici ask this Court

to grant the petition for certiorari, vacate the decision

below, and remand for further proceedings.

Respectfully submitted,

Bruce Hamilton

Counsel of Record

A nnie Cleveland

Tulane First A mendment

Law Clinic

6329 Freret Street,

Suite 130

New Orleans, LA 70118

(504) 862-8813

bhamilton1@tulane.edu

Attorneys for Amici Curiae

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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