Escambia County School Board petitioned the 11th Circuit to block subpoenas compelling depositions on its book ban decisions.
Why it matters: This case clarifies how legislative privilege limits depositions of school board members in education disputes. Legal professionals must understand its implications for administrative transparency and constitutional rights in public education.
- On July 22, 2026, Escambia County School Board petitioned the 11th Circuit Court to quash subpoenas seeking depositions about the book removal process.
- The board argues the removals were legislative acts protected by legislative privilege, which shields certain officials from compelled testimony about policy decisions.
- Since June 2025, the board removed or restricted over 100 books from school libraries, including 18 specifically voted out for content deemed inappropriate for minors.
- A 2023 lawsuit filed by PEN America, Penguin Random House, and others alleges the bans target books on race and LGBTQ+ themes, violating First Amendment rights.
The Escambia County School Board is seeking a court order to stop subpoenas that would require board members and officials to give depositions about their decisions to remove books from school libraries. This action was filed on July 22, 2026, in the 11th Circuit Court of Appeals.[Courthouse News]
The board contends these decisions are “legislative acts,” meaning they involve setting policy rather than executing it. Under legislative privilege—a legal protection designed to keep certain deliberations confidential—board members argue they should not be forced to testify about the reasons for book removals. Their attorney, Jeffrey James Grosholz, said this raises a “narrow issue of first impression” about whether school board decisions qualify for this privilege.[Courthouse News]…