Federal Judge Says Tennessee School District Can Keep Inappropriate Books Off Shelves Until Court Case Goes To Trial Next Year

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The Tennessee Conservative [By Paula Gomes] –

Federal Judge Eli Richardson says that a Tennessee school district can continue to keep inappropriate books off shelves until a court case against the district goes to trial next year.

Earlier this year, three high school students – represented by the American Civil Liberties Union (ACLU) – sued the Rutherford County Board of Education over more than 140 books that have been removed from library shelves saying that their First Amendment rights have been violated.

This week, Richardson denied a preliminary injunction that wanted to block the district from limiting access to books until the matter goes to full trial next fall.

In his decision, Richardson indicated that the plaintiffs, including free expression group PEN America, are not going to have an easy time in court, writing that the board is not prohibiting students from reading the books or acquiring them by opting not to place them on the bookshelves of school libraries.

The case against Rutherford County – the fourth largest school district in Tennessee – is the first legal challenge to the state’s expanded school book statute that was amended last year resulting in hundreds of inappropriate books being removed from school districts across the state.

In joining the suit, PEN America is representing 32 of their members who wrote 53 of the books that the district has removed.

See the entire list of books that Rutherford County Schools removed from school shelves here.

While the students who are suing the district – two who are now in the 9th Grade, and one a senior – say they are being blocked from accessing “crucial, acclaimed, and historical works,” some of the authors of the removed books include Elana K. Arnold, Ellen Hopkins, and Sarah J. Maas. Maas has a reputation for writing sexually explicit content in her young adult books.

Rutherford County Board of Education removed almost all of the books with questionable content last year, between February and September.

Two books written by Maas – Queen of Shadows and Tower of Dawn – come from her Throne of Glass series which according to this review is not as “spicy” as some of her others but which describes Tower of Dawn as “somewhat spicy.” Queen of Shadows contains descriptions of  inexplicit sexual nudity, sexual activities, violence, and profanity. 

When the Tennessee General Assembly amended the Age-Appropriate Materials Act in 2024 they did so to more clearly give guidance regarding what constitutes objectionable material. The law forbids school districts from allowing materials that contain nudity or that describe or depict sexual activity, including sexual excitement, sexual conduct, sadomasochistic abuse, or excess violence. The law also requires school boards to establish procedures for the review of all materials in school libraries.

A 2024 survey of members of the Tennessee Association of School Librarians, found that more than 1,100 titles were taken off shelves in Tennessee school libraries following the law going into effect on July 1st, 2024.

Rutherford County also removed “The Perks of Being a Wallflower” by Stephen Chbosky last September and “Wicked” by Gregory Maguire.

According to Common Sense Media, Wicked was written for an adult audience and is “darker, more violent, and sexier than both the musical and the movie.” Some of the “darker” content includes murder, rape, enslavement, and torture. 

Public libraries in Rutherford County recently conducted an inventory of their collections while closed for a week in order to comply with state age-appropriate laws and federal orders. Hundreds of children’s and juvenile books were evaluated.

Tennessee Secretary of State Tre Hargett sent a letter to all 181 libraries in the state’s regional library system early in September, following an executive order that was signed by President Donald Trump soon after taking office.

The executive order which was entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” was intended to bring common sense back to public institutions that receive federal funds, which include libraries.

Hargett’s letter aims to bring Tennessee’s libraries into compliance with the order, all of which receive federal funding through the state by asking them to review materials for anything that could violate the federal order regarding gender ideology or the state’s age-appropriateness laws, or rules on diversity, equity, and inclusion.

Approximately $3.1 million in state and federal funds are disbursed as grants among the state’s libraries across 91 counties annually for the purchasing of books and other library materials.

According to Deputy Communications Director Alexa Williams who spoke on behalf of Hargett’s office, Rutherford County was the only county in the regional system that announced closures during their review.

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.