Brevard County, FL — Public school boards can’t muzzle moms.
A federal appeals court just sent that unmistakable and resounding message, striking down unconstitutional policies that silenced parents at Brevard County School Board meetings.
In a decisive and significant victory for free speech, the United States Court of Appeals for the Eleventh Circuit ruled in favor of Moms for Liberty’s Brevard County, Florida chapter and three concerned parents in their lawsuit against Brevard Public Schools. Institute for Free Speech attorneys represented the plaintiffs, aided by local counsel David Osborne of Goldstein Law Partners.
In the decision, the court found that multiple policies restricting speech at school board meetings violated the First Amendment rights of parents and community members. The case, Moms for Liberty – Brevard County, et al. v. Brevard Public Schools, challenged prohibitions on “abusive” and “personally directed” speech, as well as the school’s unusually restrictive application of its ban on “obscene” speech.
Writing for the majority, Judge Grant emphasized: “The government has relatively broad power to restrict speech in limited public forums—but that power is not unlimited. Speech restrictions must still be reasonable, viewpoint-neutral, and clear enough to give speakers notice of what speech is permissible. The Board’s policies for public participation at Board meetings did not live up to those standards.”
The case stemmed from the Brevard school board’s repeated interruption, silencing, and even removal of parents from meetings when they attempted to voice their concerns about school policies, curricula, or leadership when addressing the board during the public comment period.
In one notable incident, the board interrupted a parent and prevented her from reading an excerpt from a book available in an elementary school library, ironically deeming the language too “obscene” to be read aloud. The board silenced other parents for directing comments to specific board members or using innocuous phrases the board considered “abusive,” such as referring to the “liberal left.”
These enforcement actions created an environment in which many parents felt compelled to self-censor their speech or avoid speaking altogether, fearing reprisal or removal from the meetings.
“This ruling reaffirms that the First Amendment protects the right of parents and community members to criticize school officials and express their views on controversial topics at school board meetings,” said Institute for Free Speech VP for Litigation Alan Gura. “Government officials are often offended by criticism, but the First Amendment protects the right to free political expression, regardless of whether school officials appreciate that speech.”
This victory helps to secure the fundamental First Amendment right of parents to comment on important issues of public concern—even contentious ones—in public school board meetings.
“This decision sends a clear message that school boards cannot use vague policies to silence criticism or discussion of uncomfortable topics,” added Gura. “Parents have a right to address their elected officials and express opinions about their children’s education without fear of censorship.”
“When the government seeks to mute the voices of parents, it is the brave among us–those who refuse to be silenced–who become the vanguard of accountability and change,” explained Moms for Liberty Co-Founder Tiffany Justice. “Through their resilience, the courageous Moms for Liberty members in this case remind us all that our voice is our greatest tool in holding our representative government accountable.”
To read the full opinion in Moms for Liberty – Brevard County, et al. v. Brevard Public Schools, click here. To learn more about the case, see our case page here.
About the Institute for Free Speech
The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment.
