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Federal judge says Texas law requiring book ratings is unconstitutional

Books on a shelf in the children’s section of Denton’s Emily Fowler Central Library, shown in 2020.
DRC file photo
A federal judge has blocked elements of Texas' House Bill 900, which sought to restrict which books are available in school libraries, saying the law is unconstitutional.

The 2023 Texas law requiring booksellers and publishers to rate their books based on sexual content and references has been declared unconstitutional in a Waco court.

A federal judge on Tuesday declared, also known as the READER Act, violates the constitution. The ruling makes permanent a lower court's temporary injunction that the Fifth Circuit Court of Appeals later upheld.

The law firm Haynes Boone, which represented the that sued to block the law, said in a statement the ruling is a "major First Amendment victory."

"The READER Act would have imposed impossible obligations on booksellers and limited access to literature, including classic works, for students across Texas," attorney Laura Lee Prather said in the statement.

HB 900 sought to restrict which books are available in school libraries and required book sellers to rate their own books, based on sexual content. The Texas Education Agency could have overridden the ratings to prevent school libraries from obtaining books.

In a , the bill's author, state Rep. Jared Patterson, said he was "deeply disappointed" by the judge's ruling, but said he had proactively worked during the recent legislative session to pass a different law to close what he called the "obscenity loophole."

Senate Bill 412, he said, "holds accountable school personnel, or others, who choose to expose children to harmful explicit content."

Bill Zeeble is ËÄ»¢Ó°Ôºâ€™s education reporter. Got a tip? Email Bill at bzeeble@kera.org. You can follow him on X .

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Updated: October 23, 2025 at 10:13 AM CDT
This story was updated on Thursday, Oct. 23, to include a statement from Rep. Jared Patterson.
Bill Zeeble has been a full-time reporter at ËÄ»¢Ó°Ôº since 1992, covering everything from medicine to the Mavericks and education to environmental issues.