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First-party link:

https://capitol.texas.gov/tlodocs/89R/billtext/html/HB01375I...

And the definitions reference:

https://statutes.capitol.texas.gov/docs/pe/htm/pe.43.htm

Note that the definitions each include some variant of "completely lacks value". In particular, the article's "look at these banned books" is an outright fraudulent claim.






> Note that the definitions each include some variant of "completely lacks value".

In the section "Sale, Distribution, Or Display Of Harmful Material To Minor" (originally all caps) is the prong "is utterly without redeeming social value for minors." Some parents in Iowa think that books with LGBTQ+ themes fit a law about `sex acts` [1]. I think the same parents would find such books with LGBTQ+ themes "without redeeming social value for minors", and a subset would sue bookstores for selling such books if a law would let them.

> In particular, the article's "look at these banned books" is an outright fraudulent claim.

You should be careful when using the word "fraudulent", because the bookstore owner in TFA mentioned The Bluest Eye, The Color Purple, and Slaughterhouse Five, which are each banned from school libraries in at least one Texas district [2]. Broadly written and with a private right of action, the bill will inevitably result in frivolous lawsuits analogous to SLAPP suits [3]. Less centrally, the penal code you linked [4] has a safeguard:

> It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.

The new bill allowing civil lawsuits might conflict with the safeguard because of [5]:

> Sec. 98C.005. PROHIBITED DEFENSES. It is not a defense to liability under this chapter that the defendant:

> has been acquitted or has not been prosecuted or convicted under Subchapter B, Chapter 43, Penal Code;

[1] https://www.techdirt.com/2024/01/04/iowas-new-book-ban-anti-...

[2] https://pen.org/book-bans/pen-america-index-of-school-book-b...

[3] https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...

[4] https://statutes.capitol.texas.gov/docs/pe/htm/pe.43.htm

[5] https://capitol.texas.gov/tlodocs/89R/billtext/html/HB01375I...




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