Lisa Peet, Library Journal; Supreme Court Will Not Hear Little v. Llano County
"THE LONG GAME
While this is a disheartening development for the plaintiffs, Dan Novack, VP and Associate General Counsel at PRH, feels that a favorable precedent could still be set at the Supreme Court level. PRH has several cases in play, including Penguin Random House LLC v. Robbins, challenging Iowa’s SF496 in the Eighth Circuit Court of Appeals, and Penguin Random House LLC v. Gibson , fighting Florida’s HB 1069 in the Eleventh Circuit. Both are scheduled to be heard in early 2026.
Given that it only takes about one percent of the cases put forward to it every year, “when there is a traffic jam of cases, as there is in this emerging area of law, it’s really not uncommon for the Supreme Court to sit back and let it play out,” Novack told LJ. If the other cases are also decided against the freedom to read, the Supreme Court may not see the need to step in. But if rulings are split, it may choose to take on one of the cases.
If the Supreme Court had taken Little v. Llano, it could have resulted in a positive ruling coming sooner. But “I’m taking the longer view that it’s good to be presenting more options to the Court, and if they were to take a Penguin Random House case, I feel very strong about the merits of those cases,” said Novack.
Even Llano County’s attorney, Jonathan Mitchell, in his brief in opposition to the writ of certiorari asking the Supreme Court to review the Fifth Circuit ruling, stated that “The Court should wait and allow these [circuit] courts to weigh in on whether and how the Speech Clause applies to library-book removals before jumping in to resolve this issue.”
Novack acknowledges that this decision is a hard one for Texas, Louisiana, and Mississippi. “Something went very wrong in the Fifth Circuit,” he said. But PRH and its council are committed to a multi-year fight that could potentially reach the Supreme Court and set precedent for the right to read throughout the United States.
“Although our lawsuit has come to a disappointing end,” Leila Green Little, lead plaintiff in the case, told LJ, “I am encouraged by the many people across the country who continue our fight in the courtrooms, their local libraries, and our state and federal legislative chambers.”"
