Tag Archives: Legislative Privilege

Split Eleventh Circuit Panel Holds That Local School Board’s Decisions to Remove Specific Books from the School Library Are Not Covered by Legislative Privilege

In Pen American Center, Inc. v. Bergosh, No. 25-13298 (11th Cir. Oct. 19, 2026), a 2-1 panel holds that school board members could be compelled to testify about why they determined to remove certain titles from the school library, over a legislative-privilege objection. Judge William Pryor dissents. Plaintiffs (including a free-speech advocacy group, parents inContinue reading “Split Eleventh Circuit Panel Holds That Local School Board’s Decisions to Remove Specific Books from the School Library Are Not Covered by Legislative Privilege”