10th Circuit clears path for Elizabeth School District to return restricted books to shelves as ordered

Colorado Politics: The Denver-based federal appeals court declined on Monday to put a trial judge’s order on hold, instead clearing the path for Elizabeth School District to return 19 restricted books to its library shelves as directed earlier this month.

In March, U.S. District Court Judge Charlotte N. Sweeney found the elected school board had likely violated the First Amendment rights of students and authors by removing books with “sensitive” topics based on political ideology. The titles included “The Kite Runner” by Khaled Hosseini and “Beloved” by Toni Morrison, as well as “#Pride: Championing LGBTQ Rights” by Rebecca Felix, “The Hate U Give” by Angie Thomas and “Thirteen Reasons Why” by Jay Asher.

After the district asked Sweeney to pause, or stay, her order to return the books while it sought relief in the U.S. Court of Appeals for the 10th Circuit, Sweeney refused, instead ordering the books returned by April 5.

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