ACLJ Seeks Dismissal of Retaliatory Lawsuit Against School Parent Who Expressed Concern About Anti-Israel Speech

The ACLJ just filed its final brief in support of a second motion asking the court to dismiss an absurd lawsuit against our client for exercising her First Amendment right as a school parent to criticize a teacher’s anti-Israel social media post.

As we previously explained, our client is a courageous parent who is being sued simply for sharing a teacher’s social media post and expressing concern about the teacher’s hostile anti-Israel ideology. The teacher asserts that it is her constitutional right to express her own opinions, but that our client should be prohibited from doing the same. This case is just one example of how parents are being retaliated against for their efforts to engage school leaders and express their opinions concerning, among other things, teacher conduct and the improper indoctrination of students.

As we explain in our most recent briefing filed with the court, case law is clear that the First Amendment prohibits attaching civil liability to statements of opinion. Fortunately, for our client, the very same court presiding over our case just recently affirmed this principle and held that statements similar to the ones made by our client are protected speech and not actionable as defamation.

We further note in our brief that the teacher’s claims are baseless and fail to allege any facts demonstrating that our client’s statements were anything but true. Our client simply shared the teacher’s post, expressed her concern about the comments, and encouraged parents to contact school district officials if they shared the same concerns.

Finally, we reiterate in our motion to dismiss the second amended complaint that the teacher’s lawsuit is an attempt to chill speech on matters of public concern. The First Amendment will be gutted if teachers (or other government officials) are permitted to silence parents or threaten them with lawsuits when they speak up or petition the school district for change. This is impermissible.

As we previously explained:

Our Founders recognized the paramount importance of free speech and a free press when they enshrined those liberties in the First Amendment. They understood that unfettered debate on public issues is essential for self-governance and that the free exchange of ideas is the best antidote to the darkness of censorship and tyranny.

Yet today we see troubling efforts to undermine these fundamental freedoms. Powerful interests, whether in government, business, or elsewhere, are increasingly turning to the courts in a cynical attempt to punish, bankrupt, and silence those who support Israel. By filing meritless lawsuits, they seek to exploit the time and expense of litigation to censor opposing viewpoints. This “lawfare” tactic is a direct assault on the First Amendment. Instead of engaging in the arena of public debate, these bad actors weaponize the legal system to intimidate and oppress those who dare to challenge the status quo.

This case is an example of such lawfare: A lawsuit is being used as a tactic to try to stifle pro-Israeli speech. Our client didn’t have the resources to hire a lawyer to represent her. With your support, we are able to stand in the gap on her behalf and defend her First Amendment rights.

The ACLJ will never stop fighting to defend the First Amendment rights of school parents. They must have the right to express concerns over indoctrination or improper teacher conduct.