Loudoun County schools to limit public comment at school board meetings

LOUDOUN COUNTY, Va. - A federal appeals court has ruled that Loudoun County Public Schools can limit what parents say during school board meetings, specifically when it comes to calling out or criticizing individual students by name or talking about them in a way they can be identified.

The decision, handed down Monday by the Fourth Circuit Court of Appeals, upholds a school board policy that prevents speakers from publicly targeting specific students during open meetings. Judges ruled the policy does not violate the First Amendment.

Big picture view:

The lawsuit was filed by parents who wanted to speak at a school board meeting in October after the board reinstated a student who had been arrested for allegedly threatening to kill a classmate and carrying a stolen firearm. The parents also raised concerns about the student’s alleged ties to the MS-13 gang.

When the parents began referencing the student during public comment, the school board chair stopped them, citing the district’s policy prohibiting speakers from targeting individual students.

The parents argued the policy unfairly silenced their school safety concerns and claimed it was overly vague. They asked a judge to block the board from enforcing it.

The court disagreed.

Judges rejected that argument, explaining that school board meetings are considered a "limited public forum." That means school officials are allowed to place reasonable limits on speech, as long as, they are not silencing people because of their opinions or viewpoints.

The court noted that parents were still allowed to share their concerns, they were only interrupted when they referenced a specific student.

What they're saying:

FOX 5 spoke with parents who had differing views on whether school boards should regulate speech during public meetings.

Barbara Clendenin, Parent:
"I do not think that a small body that is ran by seven or eight men and women should regulate what the general public can and cannot say based on our First Amendment rights."

Kyle Whitley, Parent:
"The one thing I would be concerned about is privacy. I wouldn’t want somebody speaking about an individual without that individual’s point being represented in these forums."

And when asked about this case in particular is brought about pause from at least one parent.

Allie, Parent:
"That sort of is iffy, it’s a gray area. I’m going to assume for safety, maybe. I don’t think we let enough of that out and then you know what happens."

It also raises legal concerns. Federal attorney Marlo Greer said the ruling could raise questions about how clearly the policy is applied.

Marlo Greer, Greer Law:
"I think that there's a little bit of a slippery slope here, because they did not say the individual’s name, but yet the board made a unilateral decision that everybody could identify this person. So how do you talk about it in a roundabout way — and how do you do that?"

One judge partially dissented, arguing the case should have been sent back to a lower court to determine whether the policy was too vague.

For now, the ruling means Loudoun County, and other school boards with similar policies, can continue limiting public comment when it comes to naming individual students.

FOX 5 reached out to the Loudoun County School Board for comment but has not yet heard back. The district is currently on holiday break.