School Board Restrictions on “Abusive,” “Personally Directed,” and “Obscene” Public Comments Violated the First Amendment …
From yesterday’s decision in Moms for Liberty-Brevard County v. Brevard Public Schools, written by Judge Britt Grant and joined by Judge Barbara Lagoa:
For many parents, school board meetings are the front lines of the most meaningful part of local government—the education of their children. And sometimes speaking at these meetings is the primary way parents interact with their local leaders or communicate with other community members. No one could reasonably argue that this right is unlimited, but neither is the government’s authority to restrict it.
A group called Moms for Liberty brought this lawsuit on behalf of members who say their speech was chilled and silenced at Brevard County School Board meetings. According to the Board’s presiding officer, their comments were “abusive,” “personally directed,” “obscene,” or some combination of the three. Because the first prohibition was viewpoint based, the second was both unreasonable and vague, and the application of the third was (at a minimum) unreasonable, these policies are unconstitutional….
We agree with the parties that the school board meetings here qualify as limited public forums because they are created “for certain groups or for the discussion of certain topics.” The Brevard County School Board meetings are for parents and community members to “express themselves on school matters of community interest.” In a limited public forum, the government’s restrictions on speech “must not discriminate against speech on the basis of viewpoint,” and “must be reasonable in light of the purpose served by the forum.” …
[A.] We start with the policy permitting the Board’s presiding officer to interrupt speech seen as “abusive.” The way that Board Chair Belford interprets and enforces the rule diverges from the common understanding of the word “abusive.” … Belford said the policy would prohibit calling people “names that are generally accepted to be unacceptable.” That definition is constitutionally problematic because it enabled Belford to shut down speakers whenever she saw their message as offensive.
The record of enforcement supports the contention that this was the operative definition. At one meeting, for example, she interrupted a speaker who criticized the Board’s Covid-19 masking policy as a “simple ploy to silence our opposition to this evil LGBTQ agenda.” Belford quickly stopped the speaker, who had not yelled, screamed, or otherwise caused a disruption. In her affidavit, Belford explained that she interrupted him because his “characterization of people as ‘evil’ was abusive.”
Belford interrupted another speaker who was criticizing the Board’s policies on gender in school bathrooms and school-sponsored sports. According to Belford, the speaker had engaged in abusive “name-calling” by referring to the “liberal left.” Yet another speaker was interrupted for repeating insults leveled at her by protestors outside the Board meeting. In stopping her, Belford contended that the speaker had improperly repeated words that were abusive to the speaker herself. No one likes to be called evil, but it is not “abusive” to use that term….
To be sure, a different policy—one prohibiting viewpoint-neutral characteristics of speech, for example, or explicitly and narrowly defining “abusive”—could be constitutional. But here, the ban on “abusive” speech is an undercover prohibition on offensive speech. Because the government “may not burden the speech of others in order to tilt public debate in a preferred direction,” the Board’s policy on “abusive” speech is facially unconstitutional….
[B.] [T]he [former] policy prohibiting speakers from addressing individual Board members was … [not] reasonable in light of the meetings’ purpose….
The reasonableness test … asks in part whether a restriction
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.