If you’ve spent any time in a public library, you probably assume the books on the shelves are there because they’re useful, interesting, or classic. You likely don’t think about the legal battle over whether the government can just... take them away. But in the heart of the Texas Hill Country, a massive legal fight known as Little v. Llano County basically flipped the script on what it means to "have a right" to information. It wasn’t about some obscure property line or a cattle dispute. It was about 17 books.
Honestly, it started with something as simple as "butt and fart" books. Seriously.
Back in 2021, a few residents in Llano County, Texas, got upset about some children's books they found inappropriate. We're talking about titles like I Broke My Butt! and Larry the Farting Leprechaun. It sounds almost silly when you say it out loud. But it snowballed fast. Those complaints reached the ears of county officials, and suddenly, the library director was being told to pull books off the shelves. Not just the funny ones, but books about race, gender identity, and the history of the KKK.
The Core of the Little v. Llano County Conflict
Seven library patrons—including Leila Little, the lead plaintiff—decided they weren't going to let that slide. They sued. They argued that by removing these books because officials disagreed with the ideas inside, the county was violating their First Amendment right to receive information.
For a while, it looked like the patrons were winning. A federal district court agreed with them and ordered the books back on the shelves.
But then the Fifth Circuit Court of Appeals stepped in.
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And they didn't just step in; they completely changed the game. By May 2025, an en banc panel (that’s a fancy way of saying a full group of judges) decided that when a library chooses which books to keep or toss, it’s actually "government speech."
Basically, the court said the government has the right to curate its own message. If they want to remove a book, it’s not necessarily a violation of your free speech because the library itself is the one speaking through its collection. This was a huge deal. It created a massive split with other courts across the country.
Why the "Butt and Fart" Books Mattered
It’s easy to dismiss a book about a farting leprechaun, but in the legal world, these were the "low-hanging fruit" used to test the system. The officials claimed they were using a standard process called "CREW" (Continuous Review, Evaluation, and Weeding) to clean up the library. This is a real thing librarians do to get rid of damaged or outdated books.
However, the plaintiffs pointed out that the timing was weird. These books weren't "ugly" or "superseded" by new editions. They were removed after specific complaints from a group of activists.
- Caste: The Origins of Our Discontents by Isabel Wilkerson
- They Called It Prairie Light: The Story of Chilocco Indian Agricultural School
- Being Jazz: My Life as a (Transgender) Teen
These aren't exactly "silly" books. They are deeply researched, award-winning works. When the court eventually ruled in favor of the county, it sent a shockwave through the American Library Association (ALA) and free-speech advocates everywhere.
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How the Fifth Circuit Viewpoint Changed Everything
The Fifth Circuit’s logic was pretty straightforward, even if it was controversial. They argued that a library is more like a museum than a public park. In a park, the government can't stop you from protesting. But in a museum, the curator gets to decide which paintings go on the wall.
By framing library collections as government speech, the court essentially said that you don’t have a "right" to demand the government provide you with a specific book at taxpayer expense.
"Take a deep breath, everyone," the court wrote in its opinion. They basically said nobody is burning books; they’re just choosing not to stock them. If you want the book, go buy it online.
That sounds fine on paper, but for people in rural Llano County, the library is the only place to get these materials for free.
The Supreme Court's Final Word (or Lack Thereof)
By December 2025, everyone was looking at the U.S. Supreme Court. Would they take the case and settle the debate for the whole country?
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They didn't.
On December 8, 2025, the Supreme Court declined to review the case. This means the Fifth Circuit’s ruling stands for Texas, Louisiana, and Mississippi. In these states, local governments now have significant power to remove books from public libraries based on content without it being an automatic First Amendment violation.
It's a total shift from how we've viewed public libraries for the last fifty years.
What This Means for You and Your Local Library
If you live in a state covered by the Fifth Circuit, your local commissioners or library boards now have a legal green light to be much more "hands-on" with what’s on the shelves. This isn't just about "liberal" or "conservative" books. It’s about the precedent.
If a new board comes in and decides they don't like books about a certain political figure or a specific religious viewpoint, the legal path to stop them just got a lot narrower.
Actionable Insights for Library Patrons:
- Get involved in Board Meetings: Since the courts have signaled that library curation is government speech, the real "battlefield" is now your local government meetings. The people who appoint library boards are elected officials.
- Understand the "CREW" Method: If you see books disappearing, ask if they were "weeded" using MUSTIE factors (Misleading, Ugly, Superseded, Trivial, Irrelevant, Elsewhere). If the removal doesn't fit these, it's likely a policy-driven decision.
- Support Independent Access: Digital libraries and "Little Free Libraries" are becoming more vital as public collections become subject to political shifts.
- Know Your State Laws: Texas recently passed laws like HB 3225 and SB 13, which further define how "sexually explicit" materials are handled. Knowing the difference between a "ban" and a "relocation" is key to navigating the current landscape.
The saga of Little v. Llano County is officially over in the courts, but the impact on how we access information is just beginning. It’s a reminder that the "freedom to read" isn't just a slogan on a poster—it's a legal status that can change with a single court ruling.