Eleventh Circuit Rules Escambia Schools Can't Use Legislative Privilege to Block Book Removal Questions

A federal appeals court has ruled that the Escambia County School Board cannot invoke legislative privilege to avoid answering questions about its removal of hundreds of books from school library shelves, according to reporting from PEN America.

The Eleventh Circuit Court of Appeals decision clears the way for discovery and depositions in an ongoing case challenging the district's book removal process. The ruling represents a significant legal setback for the school board's effort to shield its deliberations about which titles to remove from libraries.

The case centers on the district's practice of removing books from school library shelves—a process that has drawn scrutiny from free speech advocates who argue it violates students' and parents' constitutional rights to access diverse reading materials.

The decision suggests courts are skeptical of attempts by public bodies to use legislative immunity as a shield against accountability in First Amendment cases involving book access. Escambia County's school board has been among the most aggressive in Florida in removing titles from libraries in recent years.