FIRST AMENDMENT LAW CLINIC
July 15, 2024
Livingston Parish Library Board of Control
20355 Government Blvd Suite B
Livingston, La 70754
Re: Livingston Parish Library Collection, I’m Not a Girl
Via: U.S. mail and e-mail to Library Board of Control members
To the Board of Control Members:
We write regarding the proposed removal or relocation of I’m Not a Girl from Livingston Parish library shelves, which is set for consideration at tomorrow’s Library Board of Control meeting. The book does not contain sexually explicit content. Removal based on the content and viewpoints expressed within the book will expose the Parish to litigation.
Removing a book from library shelves violates the First Amendment when removal is based on a book’s message or viewpoint. The Fifth Circuit Court of Appeals recently affirmed that patrons’ First Amendment rights are violated when removal is substantially motivated by an official’s “desire to deny access to ideas to which they disagree.” Little v. Llano Cnty., 103 F.4th 1140, 1148 (5th Cir. 2024). The court ruled that seventeen books, some of which discussed gender identity and dysphoria, could not be removed from the library based on citizens and officials’ dislike of the subject matter.
Here, the patrons seeking to remove I’m Not a Girl claim that it “completely distasteful,” promotes indoctrination, and goes against “Godly values.” Another complaint suggests that the book exposes “children to sexually explicit material that grooms kids.” Such personal subjective disapproval of subject matter provides no legal basis for the removal or relocation of this book.
Moreover, upon thorough review of the book’s contents, there is no basis that the book contains “sexually explicit material” as defined by La. R.S. 25:225(B)(4). Neither the book’s text nor its illustrations depict or describe any sexual conduct whatsoever, much less any that meet the definition of La. R.S. 25:225(B)(3). It is a story about a little girl who knows she is a boy—that is all.
A handful of library patrons’ dislike of the content of I’m Not a Girl cannot be the basis of its relocation or removal. Indeed, removing this book based on a few complaints allows a small number of library patrons to have a heckler’s veto over access to information by all Livingston Parish library card holders. Allowing one group to silence another is antithetical to our Constitution and violates our cherished freedoms to freely speak and receive information.
Thank you in advance for your consideration of our concerns. If you have any further questions, or if I can ever be of assistance to the Board, I can be reached via e-mail or the phone number below.
Sincerely,
Katie M. Schwartzmann
Clinical Professor and Director
Tulane Law First Amendment Clinic
6329 Freret Street
New Orleans, La 70115
(504) 862-8813
Kschwartzmann@tulane.edu
Via e-mail to:
Ronny Bencaz to ronbencaz@gmail.com
Ivy Graham to ivy@ivygrahamlaw.com
Kathy DeGeneres to kdegeneres@cox.net
Steve Bernard to steven.bernard@gmail.com
Melissa Anderson to 64me.anderson@gmail.com
Wendi Neal to wendi_rn@yahoo.com
Larry Davis to larrylivingston1776@outlook.com
Francine Smith to fslibrary@gmail.com
Randy Delatte to edelatte@lpcgov.com
Michelle Parrish to dparrish@mylpl.info