Federal judge rules Brevard School Board speaker policies don't violate First Amendment
An Orlando judge dismissed a lawsuit by the Brevard chapter of Moms for Liberty and four Brevard parents who said the School Board and Brevard Public Schools discriminated against conservative parents who criticized the board with its public speaker policy.
Judge David Baker ruled that the School Board’s policy itself didn’t violate the plaintiff’s rights to free speech or right to petition, and didn’t violate the constitution by being too vague or broad. But Moms for Liberty and the four parents may still argue that the board applied the policy prejudicially if they file an amended complaint by July 26.
Amy Kneessy, a plaintiff in the case, said the ruling didn't come as a surprise, and the case is far from over. She and the other plaintiffs still believe their case is strong, she added, because similar public speaking policies have been struck down in federal court elsewhere.
"We're not letting this stand," Kneessy said. "We know that this is not going to be settled at this level. And we are certainly moving forward."
Brevard Public Schools and School Board Chair Misty Belford remain active defendants in the case, but the four other board members have been removed from future proceedings. Judge David Baker said other board members could not be said to have violated speakers’ constitutional rights because Belford was responsible for enforcing the policy.
In November, the Brevard chapter of Moms for Liberty and four Brevard parents filed a suit against the School Board alleging that the board used its speaker policy to silence conservative parents who opposed the board, especially those who spoke up against the mask mandate the district implemented in Fall 2021.
Previously: Judge denies injunction in Moms for Liberty First Amendment suit, says group unlikely to win
And: Moms for Liberty sues Brevard School Board, saying speech rules discriminate by view
What is Moms for Liberty? Here's a look at its roots, its philosophy and its mission
They argued the board chilled free speech by only halting speakers who criticized the board and by reading a statement before each meeting stating that attempts to disrupt board meetings were illegal under state law and that people who refused to leave meetings could be charged with trespassing.
Baker wrote that the plaintiffs could not provide sufficient evidence that the free speech of members had been chilled by Belford’s reading of criminal statutes before meetings because speakers at meetings nonetheless continued criticizing the board.
Brevard Public Schools declined to comment. The defendant’s legal counsel has not responded to a request for comment.
The board’s speaker policy forbids speakers from making remarks that are “personally directed,” “abusive” or “obscene,” and speakers are told to direct all remarks to School Board Chair Misty Belford instead of addressing individual board members, BPS staff or other parties.
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At several School Board meetings, Belford has halted speakers who made remarks deemed uncivil or who repeatedly addressed people other than and asked them to return to their seats or leave the meetings.
Some speakers have left meetings after district security officers began walking toward them to lead them out, but none have been charged with trespassing.
Two anti-mask protestors were arrested before a September meeting and charged with trespassing and disrupting a school board meeting after they attempted to enter district headquarters without wearing masks. They waived their rights to a speedy trial, and their cases are still pending in Brevard County criminal court.
Bailey Gallion is the education reporter for FLORIDA TODAY. Contact Gallion at 321-242-3786 or bgallion@floridatoday.com.
This article originally appeared on Florida Today: Judge: Moms for Liberty rights not violated in suit against Brevard
