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Llano County says it has a right to cull books on sex, gender and racism

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Llano County says it has a right to cull books on sex, gender and racism


NEW ORLEANS — A Texas county that wants to keep 17 books off its shelves — some dealing humorously with flatulence and others with issues including sex, gender identity and racism — argued its case Tuesday before 18 federal appeals court judges amid questions on whether the rights of the patrons or county officials were at risk. 


What You Need To Know

  • Lawyers for a Texas county that wants to keep 17 books off its library shelves went before 18 federal appeals court judges in New Orleans to argue their case
  • The books in question vary in subject matter
  • Some deal humorously with flatulence and others are on more serious topics including sex, gender identity and racism
  • It is unclear when the full court will rule

 

Library patrons filed suit in 2022 against numerous officials with the Llano County library system and the county government after the books were removed. A federal district judge in Texas issued a preliminary injunction requiring that the books be returned in 2023. But the outlook became murkier when three judges of the 5th U.S. Circuit Court of Appeals split three ways on the issue in June — one saying all 17 books should stay on the shelves, another saying only eight had to stay, and another saying the court should leave it up to the county.

The upshot was that eight books were to be kept on the shelves. But the full court voted to toss that ruling and rehear the case. Tuesday’s arguments were heard by the 17 full-time judges of the 5th Circuit, plus Jacques Wiener, a senior 5th Circuit judge with a reduced workload who was part of the original panel.

It is unclear when the full court will rule.

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Tuesday’s arguments

Judges closely questioned attorneys on both sides as attorneys supporting the county said government officials’ decisions in curating a library’s book selection amount to protected government speech.

Judge Leslie Southwick expressed concern that allowing the officials to remove certain books amounts to repression of viewpoints,.

Judge Stuart Kyle Duncan was more sympathetic to the county, noting a litany of “weeding” guidelines libraries use in deciding which books to stock based on a variety of factors from the age and condition of the book to subject matter that could be considered outdated or racist.

He raised questions of whether a library could be allowed to remove an overtly racist book by former Ku Klux Klan leader David Duke or the children’s book “The Cat in the Hat,” which has been criticized for allegedly drawing on racist minstrel show culture.

What are the books?

The books at issue in the case include “Caste: The Origins of Our Discontent” by Isabel Wilkerson; “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti; “In the Night Kitchen” by Maurice Sendak; “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health” by Robie H. Harris; and “Being Jazz: My Life as a (Transgender) Teen” by Jazz Jennings.

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Other titles include “Larry the Farting Leprechaun” by Jane Bexley and “My Butt is So Noisy!” by Dawn McMillan.

Already divided

In June’s panel ruling, Wiener, who was nominated to the 5th Circuit by former President George H. W. Bush, said the books were clearly removed at the behest of county officials who disagreed with the books’ messages.

Another panel member was Southwick, a nominee of former President George W. Bush, who agreed with Wiener — partially. He argued that some of the removals might stand a court test as the case progresses, noting that some of the books dealt more with “juvenile, flatulent humor” than weightier subjects.

“I do not find those books were removed on the basis of a dislike for the ideas within them when it has not been shown the books contain any ideas with which to disagree,” Southwick wrote.

Also on that panel was Duncan, a nominee of former President Donald Trump, who dissented fully. “The commission hanging in my office says ‘Judge,’ not ‘Librarian.’ ” Duncan wrote.

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Austin, TX

Austin police released officer-work body cam video after Sixth Street mass shooting

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Austin police released officer-work body cam video after Sixth Street mass shooting


Austin police say they are still investigating whether terrorism played a role in the Sixth Street mass shooting, describing it as a possible motive that remains under review.

On Thursday, the Austin Police Department released officer-worn body camera footage from the night of the shooting and played recordings of emergency calls placed in the moments after gunfire erupted early Sunday morning.

“Hello, this is Austin 911. There has been a shooting at Buford’s on Sixth Street. There are people dead,” a caller told dispatchers in one of the recordings. Authorities say numerous calls flooded the 911 center after a gunman opened fire, killing three people and injuring more than a dozen others.

Police Chief Lisa Davis said some of the footage investigators reviewed shows the suspect firing into a crowd, but those images are too graphic to release publicly. “Any video showing the suspect firing his pistol into the crowd is too graphic to show, and we will not be showing that publicly,” Davis said.

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RELATED| APD releases bodycam footage, 911 calls from West 6th Street mass shooting

According to investigators, the suspect was driving on West Sixth Street toward Rio Grande Street when he stopped in front of Buford’s and fired into a crowd with a semi-automatic handgun. Body camera footage from responding officers captures the chaotic moments as police and bystanders reacted to the gunfire.

“I am with you,” one officer says in the video before shouting, “AR-15. AR-15. Down! Everybody down!”

Police say not all of the victims were inside the bar when the shooting occurred.“One of the victims was outside of Buford’s waiting for an Uber,” I said during a news conference. Chief Davis agreed that the victims were spread out. “These were not all the people who were in the bar,” she said. “Sixth Street is an entertainment area from east to west. It is an entertainment area. People come to walk along Sixth Street.”

Surveillance video shows the suspect later parking a black SUV, getting out with an AR-15-style rifle, and shooting a pedestrian. By that point, officers had already been dispatched and arrived 57 seconds after the first emergency call, police said. Investigators say the suspect then fired toward officers.“The suspect discharged his weapon at the direction of the officers. The three officers discharged their firearm, striking him multiple times,” Davis said. Body camera footage from the scene caught officers asking, “Where is he? Who shot them?” before additional gunfire is heard.

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City leaders say the officers’ rapid response helped prevent further loss of life. Meantime, investigators are asking anyone with video or photos from that night to share them with them.



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Austin Police Department updates procedures after controversial deportation

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Austin Police Department updates procedures after controversial deportation


AUSTIN, Texas — An update to the Austin Police Department’s (APD) procedures outlines that officers are not required to contact U.S. Immigration and Customs Enforcement (ICE) when a person is found to have an ICE administrative warrant if they have no other arrestable charge.  

The update follows a controversial deportation from January, when a woman’s disturbance call to APD led to her detainment, alongside her 5-year-old child, who is a U.S. citizen.  

The incident led to questions from the community regarding the way APD is supposed to interact with ICE.  

In a March 4 memo, APD Police Chief Lisa Davis said that the directives provided by ICE administrative warrants could be confusing in their wording.

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According to Davis, officers have not historically regularly encountered administrative warrants while using the National Crime Information Center database, which is used to conduct identity checks. However, in 2025, federal agencies began entering a large volume of administrative warrants into the system.

According to the memo, administrative warrants are formatted in a way that looks similar to criminal warrants in the system.

The APD General Orders have been updated to clearly define the difference between criminal warrants and ICE administrative warrants, as well as specific instructions for how ICE administrative warrants should be handled moving forward.

“APD recognizes the sensitivity of this issue, not only within our city but across the nation. These policies were updated to provide clarity to our officers, ensure compliance with state law, and maintain officer discretion guided by supervisory oversight and operational consideration,” Davis said in the memo.

The updated procedures instruct officers to contact their supervisor when a person is found to have only an ICE administrative warrant, but no other arrestable criminal charge. From there, the officer or their supervisor may contact ICE, but is not required to.

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“Austin Police and City of Austin leadership share a paramount goal for Austin to be a safe city for everyone who lives, works, or visits here,” Davis said in the memo. “We particularly want to ensure that anyone who witnesses or is the victim of a crime feels secure in contacting the police for help.”

According to the memo, the entire APD staff will be required to complete new training regarding these updates.  

“In concert with the policy updates, APD is launching a public webpage to help people understand their rights and provide links to resources available from the City of Austin and community organizations, such as Know Your Rights training,” Davis said in the memo. “The webpage will also include information on the option of using APD Victim Services as an alternative to calling 9-1-1, when appropriate, and links to all general orders and policies related to immigration.”



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Austin, TX

Texas Plans Second Execution of the Year

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Texas Plans Second Execution of the Year


Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” […]



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