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FACT BRIEF

Did Fort Worth ISD remove more than 100 books from schools in 2023?

By Jacob Sanchez
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YES

Fort Worth ISD pulled 120 titles from school libraries in August 2023 to review whether they are developmentally appropriate for students.

The district pulled the books before a state law requiring the removal of sexually explicit books from libraries went into effect in September 2023. Portions of the law, House Bill 900, have been on hold as federal courts consider a lawsuit.

The constitutionality of book bans is determined on a case-by-case basis. 

The U.S. Supreme Court ruled in 1982 that schools cannot remove books because they disagree with the content. However, they can be removed based on appropriateness and curriculum. 

The 1982 decision emphasized states have broad authority on education, a topic addressed in all 50 state constitutions but not the U.S. Constitution. State legislators and school boards have final say over what schools teach.

Justice Byron White called book removal “a largely uncharted field.”

This fact brief is responsive to conversations such as this one.
Sources
Fort Worth Report Fort Worth ISD libraries will reopen Monday. Here’s why
Fort Worth Report More than 120 books are under review in Fort Worth ISD. Here’s the list
Fort Worth Report Fort Worth ISD provides no timeline to return pulled books to shelves
The Free Speech Center When are book bans unconstitutional? A First Amendment scholar explains
National Constitution Center The First Amendment and school library book policies
Cornell Board of Education, BOARD OF EDUCATION, ISLAND TREES UNION FREE SCHOOL DISTRICT NO. 26 et al., Petitioners, v. Steven A. PICO, by his next friend Frances Pico et al.
Cornell John F. TINKER and Mary Beth Tinker, Minors, etc., et al., Petitioners, v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT et al.
US Courts Facts and Case Summary - Tinker v. Des Moines
The Free Speech Center Board of Education, Island Trees Union Free School District v. Pico (1982)
First Amendment Museum How Do Books Get Banned?
U.S. Department of Education Constitutional Obligations for Public Education. 50-State Review, Education Commission of the States, 2016-Mar
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.