Federal Court: Llano County Can Remove "Butt and Fart" Books from Library Shelves

NEW ORLEANS, LA — The U.S. 5th Circuit Court of Appeals ruled Friday that Llano County has the legal authority to remove 17 books from its public libraries, siding with county officials who deemed the titles inappropriate for inclusion on library shelves.

The list includes a mix of children’s books and works exploring themes of sexuality, gender identity, and racial history. Titles Llano County attempted to remove include:

• My Butt Is So Noisy!, I Broke My Butt!, and I Need a New Butt! by Dawn McMillan
• Larry the Farting Leprechaun, Gary the Goose and His Gas on the Loose, and Freddie the Farting Snowman by Jane Bexley
• It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health by Robie H. Harris and Michael Emberley
• In the Night Kitchen by Maurice Sendak
• Caste: The Origins of Our Discontents by Isabel Wilkerson
• They Called Themselves the K.K.K.: The Birth of an American Terrorist Group by Susan Campbell Bartoletti
• Being Jazz: My Life as a (Transgender) Teen by Jazz Jennings
• Freakboy by Kristin Elizabeth Clark
• Shine and Under the Moon: A Catwoman Tale by Lauren Myracle
• Gabi, a Girl in Pieces by Isabel Quintero
• Spinning by Tillie Walden
• Harvey the Heart Has Too Many Farts by Jane Bexley

Seven local library patrons, represented by San Francisco, New York, and Austin-based attorneys, sued Llano County officials, including County Judge Ron Cunningham, commissioners, and Library System Director Amber Milum, arguing that the book removals violated their First Amendment rights—specifically, the right to access information.

The court disagreed. Writing for the majority, Judge James C. Ho criticized the plaintiffs' interpretation of the Constitution, suggesting they were conflating free speech with the right to demand information, similar to a Freedom of Information Act (FOIA) request.

"The Constitution protects 'the freedom of speech,'" Judge Ho wrote. "That freedom ensures that citizens are free to speak—not that we may force others to respond. It’s the First Amendment, not FOIA."

The panel further argued that compelling libraries to include certain books would open the door to absurd outcomes—such as forcing libraries to shelve writings by former Ku Klux Klan leader David Duke.

“Who knew the First Amendment requires libraries to shelve the collected works of the Ku Klux Klan?” the opinion stated.

The court affirmed that public libraries have discretion to remove books based on content suitability, including concerns over outdated cultural norms, lack of diversity, or misrepresentation. Libraries are not obligated, the court said, to maintain sections for topics like Flat Earth theory.

The judges emphasized that removing a book from a library does not prevent anyone from accessing it elsewhere: The patron can purchase the book on Amazon or borrow it from a friend.

With the appellate decision, the lower court’s injunction has been reversed, the plaintiffs’ Free Speech claims dismissed, and the case remanded for further proceedings consistent with the ruling.

Llano County’s three libraries—located in Llano, Kingsland, and Buchanan Dam—can now proceed with removing the 17 books.

Bonnie Wallace was in San Angelo LIVE! studios in 2023 and talked about this court case. Wallace was the vice president of the reformed Llano County Library Board and pushed to have the 17 aforementioned books removed to a separate adult section. She is among the defendants. Watch the 30 minute interview here: