Regulating Reader(s): Book People v. Wong, Compelled Speech, and Sexually Explicit Library Materials in the Fifth Circuit

This Note analyzes the Fifth Circuit Court of Appeals’ recent holding in Book People, Inc. v. Wong, which struck down Texas Education Code Chapter 35. Passed under the 88th Texas Legislature’s READER Act in 2023, Chapter 35 instituted a mandatory rating system that required Texas book vendors to review the books they sold to district schools and open-enrollment charter schools for sexually explicit material. Book vendors banded together to oppose the law, arguing that it constituted compelled speech, a legal doctrine that has come to the forefront of First Amendment fights since the Supreme Court’s 2023 decision in 303 Creative v. Elenis. Applying Elenis’s recent articulation of this doctrine, the Fifth Circuit found Chapter 35 to unconstitutionally compel these book vendors to articulate subjective opinions on a topic they would rather remain silent about. Due to the number of states, particularly those in the Fifth Circuit, implementing similar restrictions on library materials, this Note considers the holding in Book People to be a valuable source of current Fifth Circuit law and an important articulation of free speech rights, given that statutes mandating rating systems are likely to persist. The Note analyzes the history and outcome of the READER Act and Book People, its place in the history of compelled-speech doctrine jurisprudence, and what Book People means for other Fifth Circuit states’ recent legislation. Since the Texas Legislature has recently introduced a bill addressing constitutional errors in the original Chapter 35, this Note takes the rare opportunity to weigh whether the proposed bill will survive a second round with the Fifth Circuit.