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Judge Finds Texas Library’s Book Bans Unconstitutional, Orders Books Returned

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Judge Finds Texas Library’s Book Bans Unconstitutional, Orders Books Returned


In a victory for the liberty to learn, a federal choose in Austin, Tex., has discovered {that a} library board in Llano County probably infringed the constitutional rights of readers in the neighborhood by unilaterally eradicating books it deemed inappropriate. The choose has issued a preliminary injunction requiring that the banned books be instantly returned to the cabinets and blocking the library from eradicating some other books whereas the case continues.

In his 26-page determination, choose Robert Pitman denied Llano County’s movement to have the case dismissed on a standing challenge, discovering that the plaintiffs—a bunch of native library patrons—have “alleged ample info to point out they’re struggling an precise, ongoing harm.” And in granting the plaintiffs’ request for injunctive aid, Pitman held that the plaintiffs “have made a transparent displaying that they’re more likely to succeed on their viewpoint discrimination declare.”

The intently watched go well with was first filed on April 25, 2022. Among the many allegations, the plaintiffs alleged that Llano county officers have been “systematically eradicating award-winning books from library cabinets as a result of they disagree with the concepts inside them”; that they terminated the libraries’ OverDrive account as a result of county officers couldn’t choose and select titles obtainable to county residents; and that the general public is being improperly denied entry to library board conferences. “The censorship that defendants have imposed on Llano County public libraries is offensive to the First Modification and strikes on the core of democracy,” reads the preliminary federal criticism.

County officers countered that there isn’t any harm from the removing of the books and argued that the county had broad rights to “weed” its assortment and take away titles. However whereas Pitman’s March 30 opinion and order acknowledged a library’s discretion to decide on and handle its collections, he reiterated that library collections are constitutionally protected against unwarranted authorities intrusion, and located the proof confirmed Llano County officers weren’t merely engaged in a weeding train.

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Though libraries are afforded nice discretion for his or her choice and acquisition selections, the First Modification prohibits the removing of books from libraries primarily based on both viewpoint or content material discrimination.

“Though libraries are afforded nice discretion for his or her choice and acquisition selections, the First Modification prohibits the removing of books from libraries primarily based on both viewpoint or content material discrimination,” Pitman writes. “Right here, the proof exhibits defendants focused and eliminated books, together with well-regarded, prize-winning books, primarily based on complaints that the books have been inappropriate.”

Pitman ordered County officers to not take away any books from library cabinets whereas the litigation is ongoing, and ordered the return to the library (and the library catalog) of greater than a dozen books he concluded have been “eliminated due to their viewpoint or content material.”

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Amongst these books ordered restored: Caste: The Origins of Our Discontents by Isabel Wilkerson; They Referred to as Themselves the Okay.Okay.Okay.: The Start of an American Terrorist Group by Susan Campbell Bartoletti; Being Jazz: My Life as a (Transgender) Teen by Jazz Jennings; Within the Night time Kitchen by Maurice Sendak; and My Butt is So Noisy! by Daybreak McMillan.

Whereas granting the plaintiffs’ movement for a preliminary injunction, the choose additionally dismissed the plaintiffs’ bid to have its OverDrive digital library entry restored, discovering that the library’s new contract with a competing service, Bibliotheca, mooted the difficulty. The court docket additionally denied aid on the difficulty of board assembly entry, holding that the plaintiffs did no current any arguments or proof on the difficulty.

In an announcement to CNN, Ellen Leonida, an legal professional representing the plaintiffs, known as the choice a “ringing victory” for democracy. “The federal government can not inform residents what they’ll or can’t learn,” Leonida mentioned. “Our nation was based on the free change of concepts, and banning books you disagree with is a direct assault on our most simple liberties.”

County officers have filed discover that they may attraction.

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Celina vs. Kilgore: Live score, updates from Texas high school football 4A Division I championship game

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Celina vs. Kilgore: Live score, updates from Texas high school football 4A Division I championship game


Celina will have a chance to move into a tie for third for all-time UIL football champions in the Class 4A Division I game this afternoon. Celina has won eight state titles and currently sit in third place overall among UIL teams — trailing Aledo (12) and Carthage (10) Katy (9). 

Carthage won state title No. 10 earlier in the day to move into second place.

Celina had to rally late to keep the undefeated season and title hopes alive last week, beating Amarillo West Plains, 43-36. RB Harrison Williams scored on a 22-yard run with 1:34 left to account for the final points. It marked the first time in the postseason that Celina hadn’t led at halftime.

Bobcats QB Bowe Bentley, who recently picked up offers from Duke and Cal, ran for 154 yards and three touchdowns in the win. 

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TEXAS HS FOOTBALL SCOREBOARD

Kilgore has won nine in a row heading into the finals. This will be the Bulldogs’ third finals game with a win in 2OT against Dallas Lincoln in 2004 and a loss to Carthage in 2013. 

Isaiah Watters ran for two scores and Michigan signee Jayden Sanders also scored for Kilgore in the 31-7 win over La Vernia.

Follow along below for live updates from the Class 4A-Division I state finals between Kilgore and Celina, scheduled to kick off at 3 p.m. CT on Friday, Dec. 20, at AT&T Stadium in Arlington.

Pregame updates

Kilgore wins the toss and defers. Celina to get the ball first.

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First Quarter Updates

TOUCHDOWN CELINA! Bowe Bentley connects with Ethan Rucker for a 34-yard TD. 10:52 left in the first. Celina 7, Kilgore 0

TOUCHDOWN KILGORE! Isaiah Watters with a 12-yard TD run for the Bulldogs. Eddie Jimenez with PAT. Kilgore 7, Celina 7. Big plays on the drive from the legs of QB Kayson Brooks, who has 23 yards on 3 carries

TOUCHDOWN CELINA! Bentley to Rucker again — this time for 61 yards. 5:10 on the clock. PAT blocked but haven’t seen a replay to see who got it. Celina 13, Kilgore 7

Kilgore gets a 26-yard play to move to the 29-yard line of Celina. An 11-yard run by Jacory Walton Omarion and then a 15-yard late hit.

END OF 1ST QUARTER: Celina 13, Kilgore 7

Second Quarter Updates

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TOUCHDOWN KILGORE! On the first play of the 2nd quarter, Brooks hits Javon Towns for a 20-yard TD on a bubble screen. The senior WR does the work by catching the ball behind the line of scrimmage and outrunning the defense. PAT is good. Kilgore has the lead for the first time today. Kilgore 14, Celina 13

FIELD GOAL CELINA! The Bobcats regain the lead. Senior Braden Johnson boots a 35-yard field goal. Celina 16, Kilgore 14

Media/TV timeout 7:53 left.

More Texas high school football news

Predicting the winners of the 6A-1A Texas high school football playoff championship games

Texas high school football UIL state championship schedule (dates, time, location)

SBLive/SI Top 25 national high school football rankings (12/16/2024)

Vote: Who should be Texas Offensive High School Football Player of the Week? (12/15/2024)

Vote: Who should be Texas Defensive High School Football Player of the Week? (12/15/2024)

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3 Takeaways: North Crowley Stuns Duncanville, Stars Shine Bright, and Texas’ 6A Power Shift Begins





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Subpoena showdown: Will Robert Roberson testify at Texas lawmakers' hearing?

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Subpoena showdown: Will Robert Roberson testify at Texas lawmakers' hearing?


Texas death row inmate Robert Roberson is being called to testify at a state House committee hearing Friday at noon, as ordered by a new subpoena issued this week.

But whether the condemned man will be produced in person is unclear, after the state’s attorney general’s office filed a motion late Thursday allowing the prison to disregard the subpoena pending a hearing to resolve the motion. The office also resisted in October with a similar subpoena for a hearing with state lawmakers.

The new hearing requires the Texas Department of Criminal Justice to transport Roberson from his prison north of Houston to the state Capitol in Austin.

In a statement issued Thursday, the office of Attorney General Ken Paxton said, “In addition to presenting serious security risks, the subpoena is procedurally defective and therefore invalid as it was issued in violation of the House Rules, the Texas Constitution, and other applicable laws.”

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Paxton said in October that there were safety concerns with having Roberson brought before lawmakers and cited a lack of a state facility near Austin that could temporarily house him. The state had said he could testify virtually.

In response, the House Committee on Criminal Jurisprudence offered a compromise that its members could meet with Roberson in prison, saying they were uncomfortable with the video option, given his autism and unfamiliarity with the technology. The meeting, however, never materialized.

A Department of Criminal Justice spokesperson said Wednesday that it “doesn’t have a comment at this time” on whether it would abide by this latest subpoena.

The decision by House committee lawmakers to issue a second subpoena comes after the attorney general’s office challenged the initial one. The original subpoena was an unusual legal gambit that set off a flurry of litigation that put Roberson’s execution on hold mere hours before he was to be executed on Oct. 17. He would have been the nation’s first person to be executed for a “shaken baby” death after long maintaining his innocence. His 2-year-old daughter, Nikki, died in 2002.

The House committee members said they still want Roberson to be able to testify in his case as it relates to a 2013 “junk science” law that allows Texas inmates to potentially challenge convictions based on advances in forensic science.

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“Robert’s testimony will shed important light on some of the problems with our ‘junk science writ’ process, a legal procedure Texas lawmakers expected to provide reconsideration in cases like this one,” committee chair and state Rep. Joe Moody, a Democrat, and committee member and state Rep. Jeff Leach, a Republican, said in a statement. “His perspective will be especially valuable as a person on the autism spectrum whose neurodivergence profoundly influenced both his case and his access to justice on appeal.”

Last month, the Texas Supreme Court sided with state officials that lawmakers could not use their subpoena power to effectively halt an execution, but said the committee members could still compel Roberson to testify.

The attorney general’s office has not set a new execution date.

Meanwhile, the lawmakers and Paxton have sparred publicly over Roberson’s case, with each accusing the other of “misrepresenting” details that led to his conviction in his daughter’s death and releasing their own reports in recent weeks rebutting each other’s claims.

Doctors and law enforcement had quickly concluded Nikki was killed as a result of a violent shaking episode, but Roberson’s defense says new understanding of so-called shaken baby syndrome shows that other medical conditions can be factors in a child’s death, as they believe it was in Nikki’s.

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Sunny weekend ahead for North Texas, rain expected early next week

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Sunny weekend ahead for North Texas, rain expected early next week


Sunny weekend ahead for North Texas, rain expected early next week – CBS Texas

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North Texas is set for a sunny and pleasant weekend. Rain is expected on Monday and Tuesday, with improved weather by Wednesday afternoon.

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