Sixth Circuit Court Backs Tennessee School Board Over Moms For Liberty
Appeals Court Affirms Wilson County, Tennessee, School Board’s Authority Over Meeting Rules, Citing No ‘Irreparable Harm’ to Plaintiffs
In a decision filed Tuesday, the U.S. Court of Appeals for the Sixth Circuit affirmed a lower court’s denial of a preliminary injunction sought by Moms for Liberty – Wilson County, Tennessee, and two of its members against the Wilson County Board of Education. The ruling allows the school board to continue enforcing its public comment policies while the case proceeds to a full trial.
The United States Court of Appeals for the Sixth Circuit has rejected a request by Moms for Liberty to immediately block several rules governing public comments at Wilson County school board meetings.
The unanimous decision, issued by a three-judge panel, concluded that the plaintiffs—Moms for Liberty and members Robin Lemons and Amanda Dunagan-Price—failed to demonstrate a likelihood of imminent and irreparable harm, a key legal standard for granting a preliminary injunction.
The lawsuit challenged three specific rules:
- An “abusive comments” restriction in the board chair’s script.
- A requirement for speakers to state their home addresses.
- A provision allowing the board to hear non-agenda items only if deemed “in the public interest.”
The court’s opinion, penned by Circuit Judge Jane B. Stranch, noted that while the First Amendment protects speech, school board meetings are considered “limited public forums”, where reasonable, viewpoint-neutral regulations on time, place, and manner are permissible. The court emphasized that the First Amendment doesn’t give individuals the right to “commandeer” meetings or disrupt official proceedings.
Voluntary Cessation Thwarts Immediate Relief
The court’s decision hinged on the fact that the Wilson County Board of Education had already removed the “abusive comments” restriction and the address-disclosure requirement from its policies and official script more than two years ago. The Board’s counsel also made a binding commitment in court not to reinstitute these rules during the ongoing litigation.
Because these rules are no longer in effect and the plaintiffs could not provide evidence that the board would likely re-enforce them, the court found no “imminent and irreparable harm” that would justify a preliminary injunction.
“If the plaintiff isn’t facing imminent and irreparable injury, there’s no need to grant relief now as opposed to at the end of the lawsuit,” the opinion stated, quoting a previous ruling.
The Public-Interest Provision
The court also denied the request to block the “public-interest” provision, which applies to speakers addressing non-agenda items. The court found that the plaintiffs did not have standing to challenge this rule, as they had not demonstrated they had ever used or intended to use this specific avenue for speaking, which is only one of three ways to address the board.
In a separate concurring opinion, Judge Amul R. Thapar, joined by Judge John B. Murphy, underscored the “troubling nature” of the board’s now-removed rules, arguing they were likely unconstitutional. He highlighted that policies prohibiting “abusive” comments can be a form of unconstitutional viewpoint discrimination, as they can be used to silence criticism. Judge Thapar also stated that forcing parents to disclose their home addresses could “chill” speech and deter individuals from speaking out on controversial issues.
The case, while not granting the immediate relief sought, will now proceed, allowing for a full hearing on the merits of the plaintiffs’ claims.
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