Litigation Update: READER Act on hold…..

by Chris Gilbert, Thompson & Horton LLP

Litigation Update:  this week a federal judge in Austin has indicated to the parties in Book People, Inc. v. Wong (Western District of Texas) that he intends to enjoin application of the READER Act.  Passed by the recent Texas Legislature as House Bill 900, the READER Act places affirmative duties on any vendor that sells reading materials to public schools to "rate" books as “sexually explicit” or “sexually relevant.”  Schools may not purchase "sexually explicit" materials (which are defined as materials depicting or describing “sexual conduct” that is “patently offensive”), and may not check out "sexually relevant" materials to students without parent permission.  Vendors must “recall” previously sold “sexually explicit” materials.  A school district cannot buy from vendors who have not issued ratings for “sexually explicit” material.  Schools must review "sexually relevant" materials every two years, and publish a report of “sexually relevant”…

Counterman v. Colorado: Changing how the Courts View the “True Threat” Doctrine

Last week the Supreme Court issued its decision in Counterman v. Colorado, changing how the courts will interpret the “true threat” doctrine moving forward.  Counterman involved a Colorado man who was cyberstalking a local singer, and sent her hundreds of Facebook messages over a two year period.  Some were weird or borderline creepy (he once asked her “I am going to the store would you like anything?”, even though they did not really know each other), but others threatened violence (“You're not being good for human relations. Die.”).  The singer tried to block Counterman repeatedly, but he would just create new Facebook accounts and send new messages.  The messages had a significant impact on the singer’s mental health.

Counterman was eventually convicted of violating what amounted to a state anti-stalking law.  Counterman argued that he could not be prosecuted because his Facebook messages did not constitute “true threats,” and therefore…