Parent Submits Photo of School Postings to LibsOfTikTok, Gets Restricted from Accessing School Property or Events
From Chief Judge Eric Melgren’s opinion yesterday in Schmidt v. Huff (D. Kan.):
Gardner Edgerton High School is a part of USD 231 and is located in Johnson County, Kansas. USD 231’s Superintendent is Defendant Brian Huff. Plaintiff Carrie Schmidt is the mother of two students, a sophomore and a senior, who attend Gardner Edgerton High School.
Plaintiff’s son, a high school senior, is on the Gardner Edgerton wrestling team. Plaintiff volunteered to help make “snack bags” for the wrestlers on the days they have wrestling matches. With permission, Plaintiff uses the teacher’s lounge on the first floor to put together the snack bags. Once the snack bags are made, they are placed in the wrestling team’s coolers. Plaintiff often takes pictures of the completed snack bags and sends them to the coaches and Athletic Secretary, so they know where everything is located. This system was already in place before Plaintiff volunteered. Plaintiff has helped make snack bags for the wrestling team since at least 2023.
On May 4, 2023, Plaintiff became a member of the USD 231 Educational Services Advisory Committee. The Committee investigates and reviews USD 231 curriculum, instruction, and assessment topics as well as reviews the accreditation process, progress, curriculum standards, and Federal Programs. The Committee makes recommendations to the School Board and Superintendent Huff about these matters.
On January 29, 2025, President Trump issued Executive Order 14190, entitled “Ending Radical Indoctrination in K-12 Schooling.” Based on the advertisements, posters, and stickers placed on the walls and windows of USD 231, Plaintiff believed that the school was in violation of the President’s Executive Order by endorsing and otherwise advocating for gender ideology and discriminatory equity ideology.
On February 3, 2025, Plaintiff went to the high school in the evening to prepare snack bags for the next day. Plaintiff went to the teachers’ lounge, made the snack bags, and prepared everything she usually does for the wrestling team. After she finished, Plaintiff went upstairs to the second floor and found the room number associated with a promotional poster for the Gay Straight Alliance Club. The classroom’s lights were already on, and the door was open.
Plaintiff took pictures of the classroom door, posters displayed on the classroom walls, and books stacked on the classroom bookshelves. The classroom door had multiple posters and stickers on it, including the teacher’s last name. Unbeknownst to Plaintiff at the time, the classroom’s teacher, Hanna Louvau, was the [study hall] teacher for Plaintiff’s sophomore daughter.
“Libs of TikTok” is a popular social media account known for posting photos and videos of individuals or organizations that often express progressive or liberal views, especially those surrounding topics like LGBTQ+ rights, education, and identity. The account typically collects its content by browsing public posts on social media and reposting them, or by directly posting submissions from followers who send in content they believe align with the account’s focus. Although named Libs of TikTok on all platforms, the account is active on multiple social media networks, including Instagram, X (formerly Twitter), Facebook, and TikTok.
Plaintiff sent the Libs of TikTok X account the pictures she took at the school. Plaintiff had no control over whether Libs of TikTok saw her phot
Article from Reason.com
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