11TH CIR.Court order
Eleventh Circuit: Escambia school board members can be deposed over library book removal votes
A divided Eleventh Circuit panel on October 19, 2026, held that Escambia County, Florida, school board members cannot use legislative privilege to avoid depositions about why they voted to remove specific library books. Judge Andrew Brasher, joined by Judge Jill Pryor, ruled the votes applied existing policy and were administrative acts. Chief Judge William Pryor dissented. PEN America, Penguin Random House, authors and parents allege First Amendment violations.
Order (U.S. Court of Appeals for the Eleventh Circuit) → · Courthouse News Service
Key points
- The depositions cover 126 books: nine removed in 2023, 16 on the superintendent's recommendation and 101 from a state Education Department list.U.S. Court of Appeals for the Eleventh Circuit
- Board members still cannot be questioned about adopting the removal policies or a June 17, 2025, directive, which the court treated as legislative acts.U.S. Court of Appeals for the Eleventh Circuit
- The majority called its ruling narrow and left open whether other privileges or discovery rules could limit the depositions.U.S. Court of Appeals for the Eleventh Circuit
- The dissent argued that voting to remove books is a discretionary public-policy choice that the privilege protects.U.S. Court of Appeals for the Eleventh CircuitCourthouse News Service
- The district court had denied the board members' motions to quash the deposition subpoenas, and the panel affirmed.U.S. Court of Appeals for the Eleventh Circuit
Sources2 articles across 2 outlets
Courthouse News Service
U.S. Court of Appeals for the Eleventh Circuit