Moms for Liberty awarded over half a million in free speech battle against Florida school board
Moms for Liberty has officially settled a four-year-long legal battle against a Florida school board that stifled free speech.
The parental rights group and four parent plaintiffs were awarded a settlement of nearly $568,000 from Brevard Public Schools (BPS), which the board voted to approve Tuesday.
“Parents and community members have a First Amendment right to hold their local school leaders accountable during public meetings,” commented Brett Nolan, senior attorney at the Institute for Free Speech (IFS), which represented the plaintiffs.
“We hope that this substantial fee award will make other government officials think twice before silencing speech they don’t like.”
The lawsuit began in November 2021, when the BPS board made its public comment policy more restrictive. The changes allowed the board to shorten allotted speaking times, control when certain topics could be discussed, and ban signs from being raised during the meeting.
The board had specifically prohibited “abusive” and “personally directed” comments – which the U.S. Court of Appeals for the Eleventh Circuit struck down as unconstitutional a year ago.
“The board interrupted, warned, and silenced parents attempting to criticize controversial policies, such as mask mandates and the availability of sexually explicit books at school libraries,” IFS explained in its press release.
According to the IFS, BPS leaders lashed out at parents who criticized the mask mandate, used law enforcement to prevent critics from entering board meetings, and favored commenters supportive of district leadership.
“Banning parents from addressing school board members violates the most basic of First Amendment principles: that government cannot censor speech because it criticizes government officials,” said an IFS attorney. “The views and actions of board members are plainly relevant to board meetings and must be open for public discussion.”
In February 2023, a district judge ruled against Moms for Liberty. However, the plaintiffs took the case to the appellate court and won. In that ruling, delivered in the fall of 2024, Judge Grant explained the BPS board was overextending its power to limit free speech.
“The government has relatively broad power to restrict speech in limited public forums – but that power is not unlimited,” Grant wrote. “The Board’s policies for public participation at Board meetings did not live up to those standards.”
Amy Kneessy, one of the four parent plaintiffs, emphasized parents and community members shouldn’t be hindered from addressing their school board on important issues.
“This settlement sends a message that those who violate constitutional rights will pay a steep price,” Kneessy said. “I’m grateful for the Eleventh Circuit’s ruling that made it crystal clear that parents have a First Amendment right to address their concerns at school board meetings without being silenced based on viewpoint.