WASHINGTON, D.C. – Today,
America First Legal (AFL) filed a lawsuit in the U.S. District Court for
the Eastern District of Virginia, on behalf of a group of parents, against
the Loudoun County School Board for silencing concerned parents and
depriving them of exercising their First Amendment right to free speech
after speaking out against allowing an allegedly illegal alien student with
MS-13 ties to return to school after he was arrested for carrying a gun and
threatening to shoot another student.
For years, the
Loudoun County School Board has actively suppressed criticism and silenced dissenting voices at
school board meetings under the guise of protecting student privacy. This
led to a special grand jury report blasting the school district for hiding
behind suspect privacy justifications at the expense of student safety.
On October 8, 2024,
a group of concerned parents and community members attended the school
board’s public meeting to voice their concerns over
reports that the school had decided to reinstate a reported illegal alien
student with ties to the transnational MS-13 gang who had previously been
arrested for carrying a stolen firearm and threatening to kill a classmate.
Parents were
rightfully concerned that the school board would allow this allegedly
illegal, gang-affiliated student to return to the school, given an incident that occurred at
Loudoun County Public Schools (LCPS) in 2021 when the
school board reassigned a student who sexually assaulted another student to
another school in the LCPS system. During the public
comment portion of the meeting, when parents attempted to discuss the
safety of students, the school board — led by Chairwoman Melinda Mansfield
— cut off the speakers, accused them of violating “decorum” rules and
privacy laws, and abruptly ended the public comment period, depriving
several speakers the chance to speak at all, including a parent whose child
was sexually assaulted by a “transgender” student at LCPS.
The school board’s
action to prevent concerned parents from expressing their concerns is
brazen and intentional viewpoint discrimination and a flagrant violation of
the First Amendment right to free speech.
Shockingly, the
School Board has defended its actions to discriminate based on viewpoints by claiming that it
shut down public comment to “comba[t]…misinformation.”
This is not the
first time LCPS has engaged in blatantly unlawful conduct. In January 2023,
AFL sent a letter to the U.S. Department
of Education (DOE) requesting an investigation into LCPS’ mishandling
of sexual assault incidents that resulted from a “non-binary” male student
entering the girls’ bathroom and assaulting a female student. Later that
month, in response to AFL’s complaint, the DOE’s office opened an
investigation into LCPS allegations of sexual assault and
harassment.
AFL’s lawsuit
demands that the Court declare LCPS’s actions unconstitutional and enjoin
the district from continuing to unconstitutionally silence parents from
speaking on the safety of students at LCPS and the district’s actions
related to the transfer to another school of a student arrested for
carrying a gun, threatening to shoot another student, and allegedly in this
country illegally and affiliated with MS-13.
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