Latest news with #InstituteForFreeSpeech
Yahoo
16-05-2025
- Politics
- Yahoo
Woman sues Kearsarge board, saying rights violated during trans-athlete debate
Attorneys for a Nashua woman filed a lawsuit in federal court Thursday claiming her First Amendment rights were violated when she was 'silenced and threatened with police intervention' after referring to a transgender athlete on a girls soccer team as a 'tall boy' during a Kearsarge Regional School Board meeting last summer. Attorneys from the Institute for Free Speech, along with local counsel Roy S. McCandless, say Beth Scaer attended the Aug. 29, 2024, meeting to speak out against transgender athletes in girls high school sports, after members of the school board announced that it would revisit its decision to enforce HB 1205, a state law that limited participation in interscholastic girls sports to biological females. Free Speech Complaint The Kearsarge Regional School District is based in New London. The lawsuit, filed Thursday in U.S. District Court in Concord, claims Kearsarge board members silenced Scaer 'just seconds' into her remarks, with board Chair Alison Mastin declaring Scaer's speaking time forfeited, and warning her that police would intervene if she continued speaking and threatening to have the police remove her for violating an unwritten policy against 'derogatory comments' for referring to a biologically male athlete on the girls' soccer team as a 'tall boy.' While Scaer was speaking, many attendees in the meeting room 'jeered, and hissed to express their opposition to her comments,' the lawsuit claims. 'Some audience members applauded Mastin for interrupting Beth and cutting her off early,' the lawsuit says. 'Scaer attempted to protest Mastin's silencing her, but — due to the jeers, hissing, and applause — it was difficult to hear Scaer. Mastin and the school board made no attempt to quiet the crowd so that Scaer's comments could be heard.' The lawsuit claims other speakers were given a full three minutes to express support for the transgender athlete by name, with one attendee displaying a sign with the athlete's name on it — which the board allowed. The lawsuit claims the board's actions are unconstitutional viewpoint discrimination that violates the First Amendment. The suit also argues that the unwritten 'no derogatory comments' rule is unreasonable, vague, overbroad, and selectively enforced against disfavored viewpoints. 'School boards cannot invent speech rules on the fly to silence citizens expressing views they dislike,' Institute for Free Speech attorney Nathan Ristuccia said. 'This unwritten rule about 'derogatory' comments gives the board unchecked power to determine which speech is acceptable and which isn't — precisely what the First Amendment prohibits.' Heated debate The Kearsarge meeting featured a heated debate over the state's Fairness in Women's Sports Act, a law reserving girls sports for biological females. The board had previously voted to follow the law, but after the incident with Scaer, the board reversed course, voting 5-1 to allow the transgender athlete to compete on the girls soccer team. 'Everyone deserves an equal opportunity to address their elected officials without fear of censorship,' said Scaer, who does not live in the Kearsarge district. 'This case is about ensuring that all citizens — regardless of their viewpoint — can participate in public meetings and comment on issues that are important to the community.' The lawsuit seeks to enjoin enforcement of the 'no derogatory comments' rule, prevent discrimination against speech based on viewpoint, and establish that Scaer's First Amendment rights were violated. Scaer's attorneys also say the lawsuit aims to ensure that Scaer, and others, can speak freely at future board meetings without fear of censorship, retaliation, or removal simply for expressing controversial or dissenting views. A request for comment from Kearsarge school officials was not immediately answered. In a separate lawsuit filed last year, Beth Scaer and her husband, Stephen, claimed their free speech rights were violated after they applied to fly two different flags, a pro-life flag and a Pine Tree flag, on flagpoles at City Hall Plaza in Nashua. A federal judge ruled Nashua officials didn't violate the couple's First Amendment rights when they rejected their application, denying their request for a preliminary injunction. The Scaers are appealing that decision. pfeely@
Forbes
09-05-2025
- Politics
- Forbes
Another Victory For Free Speech: Montana Adopts Uniform Public Expression Protection Act
The Montana legislature has given its citizens a quality Anti-SLAPP law in the form of the Uniform ... More Public Expression Protection Act. The Treasure State of Montana has adopted the Uniform Public Expression Protection Act ("UPEPA"). The UPEPA passed the Montana House by a vote of 96-1 and in the Senate by a vote of 50-0. This follows the similar unanimous passage of the UPEPA in Ohio and Idaho and speaks volumes for the quality of the UPEPA as an out-of-the-box Anti-SLAPP law for states not having an Anti-SLAPP law or looking to replace a bad one. Peter Russo of the Institute for Free Speech put out a statement that: "This achievement represents years of advocacy and marks a dramatic improvement in Montana's free speech landscape. As you may recall from our previous report, Montana was among the worst states for SLAPP vulnerabilities. The 2015 case against the Billings Gazette - sued merely for filing a public records request about potential mishandling of public funds - demonstrated precisely why these protections were so urgently needed. "We extend our deepest gratitude to State Representatives Tom Millett (R-Marion) and James Reavis (D-Billings) for their bipartisan sponsorship, Governor Gianforte for signing it into law, and all our coalition partners - the ULC, press organizations, civil liberties groups, and grassroots activists - who worked tirelessly across party lines to make this possible. "With this legislation, Montana has transformed from having the weakest anti-SLAPP protections in the nation to joining the ranks of the strongest defenders of free speech in America." Montana's adoption of the UPEPA now makes 11 states which have adopted the UPEPA. This means that the UPEPA now constitutes just over one-third of all the Anti-SLAPP laws in the United States. Of the remainder, 28 states and territories (including the District of Columbia and Guam) have their own organic Anti-SLAPP laws, and 15 states and territories have no Anti-SLAPP laws at all. This legislative term, the UPEPA has been introduced in the legislatures of 10 other states and apparently is close to passage in a couple of those states. Fingers crossed. I have not seen the final bill signed into law in Montana, but I have been told that the UPEPA was passed with only minor amendments. We'll have to wait to see what those are. As I have previously mentioned, some minor variations by the states which have adopted the UPEPA are actually welcomed, as those states can then act as test tubes to see what works or doesn't. These experiences will be important at some distant time when a revised UPEPA will be considered. For those not familiar with the UPEPA, it is an Anti-SLAPP law that protects freedom of expression and other constitutional rights by essentially moving summary judgment from its normal habitat at the end of litigation to the start of the litigation so that meritless cases are disposed at the outset. While some other states have Anti-SLAPP laws that are as effective in doing this (and, in fact, the UPEPA was modeled after some of those laws, predominantly California and Texas), the UPEPA quite uniquely offers the additional benefit of uniformity of interpretation. This latter benefit allows the courts of the UPEPA states to rely on the each other's court decisions as needed. As 2025 has been a good year for UPEPA adoptions, we'll hope that the good fortune continues.
