“School boards across the country should take note. Rules for public comments must respect the First Amendment rights of speakers. If you are limiting which opinions may be shared, you’ll be held liable for violating First Amendment rights,” said Alan Gura, Vice President for Litigation at the Institute for Free Speech.
A federal court ruled in November that several Pennsbury policies governing speech at school board meetings were unconstitutional. Those policies, modeled after a template recommended by the Pennsylvania School Boards Association (PSBA), allowed the meeting’s presiding officer to stop speakers whose comments were deemed “personally directed,” “personal attacks,” “abusive,” “verbally abusive,” “irrelevant,” “disruptive,” “offensive,” “inappropriate,” or “otherwise inappropriate.” After an evidentiary hearing in Philadelphia, Judge Gene Pratter found ample evidence that the Board selectively enforced the rules to stifle criticism of its actions and members.
The plaintiffs in the case were censored for attempting to criticize district policies, including efforts to promote contested ideas about diversity, equity, and inclusion. Marshall was once interrupted mere seconds into speaking because the solicitor objected to his use of the term “critical race theory” to describe the district’s initiatives. Critics of the board were cut off for addressing their comments to board members, while other speakers were permitted to directly praise board members and school employees.
“Rules for public comment periods are meant to maintain time limits and protect each speaker’s right to be heard, not police which viewpoints are expressed. Pennsbury’s rules were so vague and subjective that the board could effectively shut down any speech they didn’t like, and that’s exactly what they did,” said Del Kolde, Senior Attorney at the Institute for Free Speech.
After the injunction was issued, Pennsbury abolished one of the two policies challenged in the lawsuit and rewrote the other to comply with the First Amendment. The court also ruled against a board requirement that speakers publicly announce their home address before beginning their remarks. According to a spokesperson for the PSBA, the model policy was put under review after the court’s ruling.