Federal court rules school board members can be deposed over book removals

A federal appeals court has ruled that school board members in Escambia County, Florida, can be deposed regarding their decisions to remove library books and classroom materials. The ruling by the U.S. Court of Appeals for the 11th Circuit addresses a lawsuit filed in 2023 by parents, book publishers, and PEN America.

The legal dispute arose after officials voted to remove books they characterized as containing “extreme sexual content,” “LGBTQ agenda,” and “race-baiting.” The school board members had attempted to block depositions by claiming legislative privilege. However, the majority of the court, including judges Jill Pryor and Andrew Brasher, determined that the board members were acting in an administrative capacity rather than a legislative one.

Judge Brasher noted that the board's decision-making process did not resemble the “proposal, formulation, and passage of legislation.” The court clarified that the ruling is narrow and does not suggest that all decisions regarding book stocking are administrative in nature.