Moms Sue School Board Over First Amendment Rights Violations

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The Tennessee Conservative [By Paula Gomes] –

A group of moms are suing the Wilson County Board of Education over what they say are violations of their First Amendment rights.

Moms for Liberty – Wilson County, along with Chair Amanda Price and Robin Lemons are named as plaintiffs in the lawsuit filed against the seven-person board on March 9th, 2023, in the United States District Court, Middle District of Tennessee, Nashville Division.

In an interview with The Tennessee Conservative, Lemons said that her goal in filing the lawsuit is to “establish and protect the right to express oneself without fear of censorship, retaliation, or government interference.” 

Lemons said, “This can include challenging laws or policies that restrict speech. I want to set a legal precedent and establish important protections for free speech, which can benefit many parents and concerned citizens of Wilson County in the future. Free speech and public discourse are incredibly important and I’m proud to be standing up for these issues.”

Lemons spoke during a school board meeting last fall regarding the mishandling of a sexual misconduct allegation.

According to the lawsuit, Lemons expected her time to speak to be cut short after criticizing the conduct of Wilson County Director of Schools Jeff Luttrell.

The Board’s Chairman, Jamie Farough, stated that Lemons was not allowed to continue because she had declined to disclose her address at the beginning of her remarks, something Lemons chose not to do out of concern for the privacy of herself and her child. While the Chairman reminds each speaker about this rule, it is rarely enforced. According to Lemons, in 2022 there were 45 public comments over 12 meetings, 26 of which never disclosed their address.

The Board’s Policy Manual also states that the Chairman “shall have the authority to terminate the remarks of any individual who is disruptive or does not adhere to Board Rules” and cites a criminal statute for support, suggesting that violating these rules could lead to being criminally charged.

According to the lawsuit, the Chairman also informs speakers of rules not found anywhere in the Policy Manual. Speakers are not allowed to make comments that are “abusive to an individual board member, the board as a whole, or the director of schools or any employee of the school system” while not defining what constitutes “abusive.”

The plaintiffs are being represented by attorneys from the Institute for Free Speech (IFS) and John. I. Harris III of Schulman, LeRoy & Bennett, PC based in Nashville. IFS is a nonpartisan group that advocates for First Amendment rights and defends political speech rights.

“School boards cannot selectively enforce rules to censor speakers who criticize them,” said IFS attorney Brett Nolan, “That is a basic guarantee of the First Amendment, and it applies even when a speaker’s criticism is harsh and uncomfortable.”

The plaintiffs are challenging three policies: The Board’s requirement that speakers disclose their home address before speaking, the Board’s policy regarding “abusive” comments, and a requirement that speakers obtain approval from a board member that their comments are “in the public interest.”

Lemons said, “We are asking the court to order the board to stop enforcing these unconstitutional rules.”

Nominal damages in the amount of $17.91 are also being sought. An amount that Lemons says, “reflects the year the states ratified the First Amendment.”

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.