11th Circuit orders Florida school board members to explain book removals

The 11th Circuit Court of Appeals decided that seven members of the Escambia County School Board must provide testimony regarding their votes to remove more than 100 books from school libraries. The majority, written by Judges Andrew Brasher and Jill Pryor, classified the board's actions as administrative rather than legislative, removing any claim of immunity from deposition. Chief Judge William Pryor dissented, contending that the decisions constituted discretionary public-policy making and should be shielded.

The subpoenas are part of a 2023 lawsuit brought by a coalition of parents, authors, PEN American Center Inc., and Penguin Random House, which alleges the board's removals breach the First Amendment. The controversy began in May 2022 after teacher Vicki Bagquet initiated a campaign to challenge books she deemed ideologically objectionable, echoing tactics used by the Moms for Liberty network. Titles under scrutiny include works by Kurt Vonnegut, Toni Morrison, and Judy Blume, many of which have long been available in the district's libraries. The ruling arrives shortly after Banned Books Week and amid a record-high tally of school book bans nationwide.