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”…