Escambia School Board Seeks to Block Book Ban Depositions
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]
The dispute began in June 2025 when the board voted to remove 18 books from libraries, citing content unsuitable for minors. It then removed more than 400 additional books in July 2025 without individual review, based on a state list of banned titles.[NorthEscambia] [WUSF]
In May 2023, PEN America, Penguin Random House, authors, and parents filed a lawsuit alleging the bans unconstitutionally target books discussing race, racism, and LGBTQ+ issues. Plaintiff attorney Ori Lev argues these bans suppress the First Amendment right to receive information.[PEN America]
The key legal question involves distinguishing legislative acts (policy decisions) from administrative actions (execution and management), affecting which protections apply to school board members. How the 11th Circuit rules will influence accountability and transparency in public education governance and clarify legal obligations for attorneys advising school districts and related parties.
By the numbers:
- 100+ books removed or restricted—since June 2025 in Escambia County schools
- 18 books specifically voted out—June 2025 removal citing inappropriate content for minors
- 400+ books removed—July 2025 removal based on state's banned book list
Yes, but: The board's argument that book removals are legislative acts may face challenges given courts often scrutinize First Amendment implications in public education settings, potentially limiting the scope of legislative privilege.
What's next: The 11th Circuit Court of Appeals is expected to issue a ruling on the petition to quash subpoenas by late 2026, setting precedent on legislative privilege in school board disputes.