Amicus Curiae Brief — Leila Green Little, et al., Petitioners v. Llano County, Texas, et al.
Supreme Court briefOct 14, 2025
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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.