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PEN American Center, Inc. et al.v.Adams et al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.25-13298, 25-13698
DecidedOctober 19, 2026
JudgesBefore WILLIAM PRYOR, Chief Judge, and JILL PRYOR and BRASHER, Circuit Judges.
Tags
CivilEducation LawCivil ProcedureSeparation of PowersDissent
Case Summary

Authors, parents, and publishers challenged a Florida school district’s removal of particular library books and sought discovery from school board members. The members invoked legislative privilege to shield their votes and deliberations. The Eleventh Circuit held that, on this record, applying existing book-removal policies to individual titles was an administrative decision, even though elected officials cast votes. Legislative privilege therefore did not protect those acts, and the court affirmed the district court’s ruling in two companion appeals. The majority left open whether other privileges or discovery protections might apply and did not decide the underlying book-removal claims. Chief Judge William Pryor dissented, arguing that the board’s discretionary votes were legislative acts under governing precedent and common law. The decision turns on the function of the particular vote, not the official’s elected status.

Opinion

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The Far Side comic: I told you guys to slow down and take it easy or something like this would happen.