Brevard's school board revamps public comment policy in wake of Moms for Liberty lawsuit
As recently as Dec. 17 of last year, anyone who wanted to speak up at a Brevard school board meeting could step up and vocalize their concerns, provided they followed specific guidelines related to decorum and addressing the board.
But in January, less than two hours before the first meeting of the year, a federal judge blocked the board from continuing to implement its public comment policy. They had to pivot on the spot to allow audience members to speak, this time in a way that wouldn't be deemed as limiting their freedom of speech.
Over the past five years, Brevard Public Schools has seen numerous iterations of its public comment policy. Now, after the January ruling in favor of a Moms for Liberty-led lawsuit, the board hashed out the details of a new version of the rule at a recent work session and will likely approve it in March.
Board members, along with the district's attorney, cited a litany of reasons why some comments should not only be confined to topics on the agenda, but also why others should not be livestreamed.
From the federal judge to board members to parents who've been vocal on issues from mask mandates to book bans to arming school staff, here's who's saying what about the proposed policy.
What did judge say in lawsuit?
Last month, a federal judge granted a temporary restraining order in support of a Moms for Liberty-led lawsuit, which stopped Brevard's school board from implementing their current public comment policy.
The lawsuit has been ongoing since 2021, with Moms for Liberty members saying the board has used the policy to limit speech and discriminate based on opposing viewpoints.
While Federal Judge Roy Dalton Jr. initially ruled in favor of Brevard's school board, saying the policy was applied in a way that was viewpoint-neutral, the battle between the board and Moms for Liberty has since turned in favor of the conservative parental rights group. In October 2024, a federal appeals court said that the current district policy was "facially unconstitutional because it was viewpoint based and an 'undercover ban on offensive speech.''
In January, Dalton ordered that the policy not be implemented as the lawsuit continues, saying that such a policy could cause "irreparable injury."
When have comments been limited?
Early on in the pandemic, public comment was limited to one minute per speaker rather than three, a version of the policy that has since been rescinded.
Public commenters perceived to be making threats to the board have been removed from the meeting room. Last year, a parent was removed after saying, "We're coming for you," to then-Board Chair Megan Wright regarding her support of arming certain BPS staff members as part of the district's guardian program.Numerous people have been stopped from reading passages of books on the grounds that what they were reading was explicit or contained profane language. According to Florida law, stopping someone from reading a book on the grounds that it is sexually explicit means the book must be removed from all district shelves, though if a speaker is stopped for using profane language, the book may remain. In December 2023, eight people read various passages, with 13 books ultimately being banned.