11th Circuit Orders Florida School Board to Testify on Book Ban Lawsuit
The 11th Circuit requires Florida school board members to testify in a lawsuit over book bans.
Why it matters: Book bans in public schools raise complex First Amendment and education law issues important for in-house counsel and legal professionals managing compliance and censorship risks in education.
- 620 books removed or discontinued in Florida public schools during the 2025-26 academic year
- Removals occurred in 10 of Florida’s 67 school districts; Clay County led with 261 books removed, Escambia County removed 150
- Florida ranked second nationally with over 3,200 book removals; the U.S. total was nearly 12,000 bans according to PEN America
- The 11th Circuit rejected Escambia County School Board's claim of legislative privilege (protection from compelled testimony), mandating testimony in ongoing litigation over book removals
The Florida Department of Education reported that 620 books were removed or discontinued in public schools during the 2025-26 academic year, affecting 10 out of Florida's 67 school districts. Clay County accounted for 261 removals; Escambia County removed 150. This local activity highlights the scale of book bans within the state.
PEN America recorded nearly 12,000 book bans across the U.S. in 2025-26, marking a national increase. Florida ranked second with over 3,200 bans, second only to Texas with approximately 8,100.
In July 2025, the 11th U.S. Circuit Court of Appeals ruled against the Escambia County School Board’s claim of legislative privilege — a legal protection that usually shields policymakers from compelled testimony about their official actions. The court decided that board members must testify in a lawsuit challenging the removal of nine specific books and restrictions on others, which plaintiffs say violates First Amendment rights by censoring content based on ideological disagreements.
William Johnson, director of PEN America's Florida office, described these removals as an ongoing concern for free reading access in the state. Kasey Meehan, director of PEN America’s Freedom to Read program, noted the increasing normalization of book banning, particularly in Florida, underscoring risks to educational freedom and expression.
This case underscores growing legal scrutiny of school district content decisions amid broader national debates over censorship and free speech in education. For legal professionals advising schools or districts, understanding evolving litigation risks and constitutional limits around educational content is critical.
By the numbers:
- 620 — books removed in Florida public schools (2025-26)
- 3,200+ — Florida book removals nationally ranked second (2025-26)
- 12,000 — book bans reported nationwide (2025-26)
Yes, but: The litigation is ongoing, and while the appellate court denied legislative privilege, further legal arguments over the scope and legality of book removals may continue, leaving uncertainty about the final judicial outcome.
What's next: Further testimony from Florida school board members is expected as the lawsuit proceeds through lower courts, potentially influencing future cases on censorship and First Amendment rights in education.