The Escambia County School Board in Florida attempts to depose a 7-year-old student in a federal lawsuit regarding book bans while arguing that its members should not be deposed. The board claimed it has the right to explore students' claims and defenses directly. This move has sparked controversy, mainly because depositions can be stressful and challenging even for adults.

Opposition to Depositions of Elementary-Age Children

The lawsuit was filed by PEN America, Penguin Random House, several authors, and parents of students who were denied access to certain books. These students range in age from elementary to high school. Ann Novakowski, one of the parents involved, joined the lawsuit on behalf of her 7-year-old daughter, "J.N.," to guarantee her access to a variety of perspectives and experiences through literature.

While the parties agreed to limited and supervised depositions for older students, they opposed deposing elementary-age children. The plaintiffs argued that deposing young J.N. would be unduly stressful and unnecessary since her mother could testify on her behalf. The lawsuit pointed out that J.N. and others like her have suffered from the removal of books.

Depositions usually involve intense questioning by attorneys. The plaintiffs argued that J.N. does not have to face this process, emphasizing that a child's ability to access books outside of school is irrelevant to the case. They suggested that if the court insists on deposing J.N., it should significantly limit the scope of questioning. 

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Meanwhile, the Escambia County School Board sought to avoid depositions for its five members and superintendent, citing legislative privilege. They argued that their actions in deciding to remove or restrict books were legislative and thus protected them from scrutiny regarding their motives.

This case unfolds amid national debates over book bans, with Florida being a significant battleground. Escambia County has been a focal point, facing two federal lawsuits that may set critical First Amendment precedents. The county officials argued for their right to remove any school library book for any reason, while plaintiffs sought to restore nearly 200 titles currently restricted in county public schools.

Plaintiffs Seek to Restore Seven Challenged Books

In seeking these depositions, the plaintiffs asked U.S. District Judge T. Kent Wetherell to return seven of the nearly 200 challenged books to school shelves before making a final decision. They argued that the school board's restrictions are based solely on discriminatory viewpoint challenges by residents against books with LGBTQ or racial content, many of which were restricted pending review nearly two years ago.

The plaintiffs' lawyers filed a motion for a preliminary injunction on July 1. The plaintiffs sought to lift restrictions on all books but are currently requesting a preliminary injunction for seven specific books. According to the motion, these books have not been challenged in ways that would require their restriction under the school board's policies and should be immediately returned to the shelves while reviews proceed.

The plaintiffs' attorneys contended that the board's limitations unjustly single out books written by or about LGBTQ persons and people of color. They claimed the Escambia County School Board is restricting these books due to biased challenges, violating the First Amendment, and demand an immediate end to these restrictions.

Over 1,600 Books for Review Amid New Education Law

New regulations enacted by Governor Ron DeSantis and the GOP legislative supermajority have caused the school district to withdraw hundreds of unchallenged books for review, contributing to the state's recent rise in book removals.

NBC reported that the district removed over 1,600 books from its libraries to assess compliance with the state's new sex education law. Among these were five dictionaries, eight encyclopedias, and "The Guinness Book of World Records."

Although the books are not banned, they are being reviewed to ensure compliance with Florida's House Bill 1069. This legislation, enacted in May and effective from July, limits how reproductive health and related sex topics can be taught in public schools for grades six through twelve.

This legal battle highlights the ongoing conflict over book bans and the balance between educational content and ideological objections in school libraries.

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