Orlando, FL — A federal judge today granted an emergency motion requiring Brevard Public Schools to immediately stop enforcing unconstitutional policies that restrict public comments at school board meetings. The order came after the school board continued enforcing speech restrictions that a federal appeals court struck down last October.

The order specifically bars the board from enforcing or even reciting its restrictions on “abusive,” “personally directed,” and certain “obscene” speech at tonight’s meeting and future meetings. The TRO will remain in effect until February 4 unless extended by the court.

Despite the U.S. Court of Appeals for the Eleventh Circuit ruling that the board’s policies violate the First Amendment, Brevard officials refused to stop enforcing those policies at board meetings. The board maintained these restrictions even after repeated requests from parents’ attorneys to comply with the appeals court’s decision.

“The school board’s continued enforcement of policies that a federal court already ruled unconstitutional shows an alarming disregard for parents’ First Amendment rights,” said Institute for Free Speech Senior Attorney Brett Nolan, who argued the motion in a hearing Tuesday afternoon.

“It’s unfortunate that today’s order was even necessary, as the Eleventh Circuit already made it clear that parents have a right to directly address concerns about school policies, staff, and curricula without fear of being silenced,” Nolan added. “Today’s order ensures that parents can exercise that right at Tuesday’s board meeting and beyond.”

The case began in 2021 when Moms for Liberty – Brevard County and several parents sued after being repeatedly interrupted and silenced at board meetings. Last October, the Eleventh Circuit held that the board’s speech restrictions violated the First Amendment. However, the board continued instructing speakers that they had to follow the unconstitutional rules at its recent meetings in November and December.

When asked to stop defying the Eleventh Circuit’s ruling, board officials equivocated and refused to agree to do so, suggesting they needed to formally adopt new policies first—a process they said could take months. That defiance resulted in a resounding defeat for Brevard Public Schools at today’s hearing. The order enjoins enforcement of these unconstitutional policies at the board’s January 21 meeting and future meetings.

To read the order issued by the court, click here. To read the Eleventh Circuit opinion in Moms for Liberty – Brevard County, et al. v. Brevard Public Schools from October 2024, 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.