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