Texas Politicians’ Attempts to Ban Books is Unlawful According to Civil Rights Groups

Two prominent national civil rights legal groups today denounced Texas politicians’ efforts to force schools to begin pulling books from their classrooms and libraries shelves under the guise of state law. The Lawyers’ Committee for Civil Rights Under Law and Lambda Legal called Governor Greg Abbott’s efforts to censor LGBTQ authors and State Rep. Matt Krause’s book ban request unlawful. Both of these attempts at censorship come on the heels of a divisive legislative session that enacted bills censoring critical and fact-based classroom discussions on racism and sexism and restricting transgender students from participating in school sports.

On October 25, 2021, Rep. Krause, using his role as Chair of the General Investigations Committee in the State House of Representatives, sent a letter to the Texas Education Agency and the superintendents of unnamed school districts demanding that they identify the location of books corresponding with a list of 850 titles targeted by Krause. He also asked districts to identify other books and materials that address human sexuality, HIV, AIDS and any material that “might make students feel discomfort, guilt, anguish, or any other form of psychological distress” because of their race or sex. 

In the wake of Krause’s letter, on November 8, 2021, Governor Abbott sent a letter directing the Texas Education Agency, the Texas State Library and Archives Commission, and the State Board of Education to immediately develop statewide standards to restrict access to certain content in public schools, but highlighted as examples books by LGBTQ authors that tell the stories and explore the identities of LGBTQ people. Two days later, Governor Abbott sent another letter directing the Texas Education Agency to investigate school content for potential criminal activity, further suggesting that he is targeting literature that merely discusses sexuality and/or gender. 

These letters are part of a continuing extremist campaign to intimidate educators into selective self-censorship on issues critical to young people’s learning and development.

“Governor Abbott’s and Rep. Krause’s political stunts are part of a larger effort, nationwide, to remove information and materials from public schools that politicians disfavor. Any such efforts raise serious First Amendment concerns, and is, in many ways, an attack on our informed democracy,” stated Avatara Smith-Carrington, staff attorney at Lambda Legal. “Krause’s investigation and Gov. Abbott’s letters labeling coming-of-age stories as pornography simply because they involve LGBTQ people are attempts to create educational environments rife with censorship of ideas and topics that students deserve to have access to. Students need materials and information created with them in mind, in which they can see their own identities and experiences reflected. We will not stand by and watch politicians play games with the education and wellbeing of our children.”

“Rogue politicians must be called in check and right now, Rep. Krause is well outside the bounds of our Constitution. For decades, our courts—including the U.S. Supreme Court—have held that the First Amendment protects the right to information and ideas and library books are at the core of this protection,” stated David Hinojosa, director of the Educational Opportunities Project at the Lawyers’ Committee. “We are not going to stand idly by as Krause, Governor Abbott or anybody else cast these veiled threats to force schools to begin pulling important books on racism, sexism, genderism, among other topics, solely because they disagree with those ideas.”

The groups are calling on educators, families and students to unite and stand against efforts to ban legitimate books. Should persons have questions or concerns with their local schools or districts pulling books and materials out of their libraries, please contact the Lawyers’ Committee at education@lawyerscommittee.org or Lambda Legal’s Help Desk.