NEW ORLEANS — An Austin business is stating its case in front of the U.S. Fifth Circuit Court of Appeals.
Opening statements for the case "BookPeople vs. Martha Wong" began in New Orleans Wednesday morning.
BookPeople and other plaintiffs are suing over House Bill 900, or the "Reader Act," a state law that would require third-party booksellers to determine whether books sold to schools are "sexually explicit" or "sexually relevant."
Critics of the law say it could push vendors to stop selling to schools. But lawmakers behind the bill say that they are trying to protect children.
In September, a U.S. District Court judge blocked HB 900 from going into effect. The State of Texas appealed, ultimately leading to the court hearing in New Orleans on Wednesday.
The state argued that booksellers have not yet faced any harm because of the law. The plaintiffs argued that the law restricts their First Amendment rights.
Cameras weren't allowed in the courtroom, but audio recording was.
"These claims are not right," an attorney for the state argued. "They do not have standing to bring them. The state is willing to admit that they might be able to bring claims in the future and they might be able to bring as applied constitutional claims in the future. That is just not the case today."
An attorney for the plaintiffs argued, "The booksellers here are not asserting the right to have books reach library shelves. They're asserting the right to be free from compelled speech and the right to offer and distribute books without being forced to decipher incomprehensible and vague standards which themselves render the statute unconstitutional."
Editor's note: In our commitment to transparency, KVUE is disclosing that the attorney for the plaintiffs in this case, Laura Prather, also represents KVUE in various legal matters unrelated to this case.