Tag Archives: Legislator 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”

Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action

In Pernell v. Andrade, No. 23-10616 (11th Cir. Oct. 30, 2023), a 2-1 panel reverses a district court’s order enforcing subpoenas against legislators in an action challenging the constitutionality of Florida’s “Stop W.O.K.E. Act,” with the panel dividing over whether the legislator privilege is absolute or to some degree qualified by “important federal interestes.” “InContinue reading “Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action”