Moms for Freedom to appeal Brevard free speech judge decision
ORLANDO, Florida. — Lawyers representing the group Moms for Freedom on Wednesday formally appealed a federal judge’s decision in which he sided with Brevard Public Schools in a free speech case.
In November 2021, the Brevard County chapter of the group and individual members filed suit against the school district in Orlando federal court and sought a preliminary injunction against the public participation policy.
Among other things, the group claimed that speakers are often interrupted due to criticism of the student council, including comments that are considered “personally addressed” to council members.
On February 13, Federal Judge Roy B. Dalton ruled in favor of summary judgment, holding that the school district’s public participation policy did not violate free speech rights.
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“(Moms for Freedom) contend that the Chair’s custom of reading criminal law that punishes violations before Board meetings, and that her use of the Interruption and Expulsion Policy cools their speech. But M4L members, including Hall, Delaney, and Choleva, continued to speak regularly at meetings, demonstrating that the actual application of the Policy does not restrict their right to speak,” Dalton wrote.
“The recording shows that the chairman interrupted the plaintiffs and others for personal comments, which were regularly brief and respectful, and the plaintiffs loosely ended their speech,” he wrote. “Thus, the plaintiffs did not experience the objective coldness necessary to establish legal capacity that entitles the defendants to summary judgment.”
At the time of the ruling, Moms for Freedom’s lawyer said he planned to appeal.
“We are disappointed with the court’s decision and strongly disagree with it,” said lawyer Ryan Morrison from This is reported by the Institute for Freedom of Speech. “The First Amendment protects the right of parents to criticize their public school system and elect a school board without censorship. We will appeal and eventually win, as the Free Speech Institute has done in other school board cases across the country.”
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