(The Center Square) – Virginia Attorney General Jason Miyares has filed an amicus brief in support of Loudoun County parents “silenced” by the school board.
The brief was filed in hopes of urging the 4th U.S. Circuit Court of Appeals to defend the parents’ free speech. A District Court issued a “denial of a preliminary injunction against the Loudoun County School Board for silencing parents” who were critical of the district’s decision to reenroll a student with alleged gang ties and firearm offenses.
The brief contends that the school board’s “actions constitute classic viewpoint discrimination, where speech is censored solely because officials disagree with its content in direct violation of the First Amendment.”
The brief stems from an October 2024 school board meeting where parents raised concerns following reports that a student was accused of having MS-13 gang ties and had been reenrolled at Purcellville High School. During the meeting, parents expressed deep concern for the safety of their children.
The public comments period was “abruptly shut down” when they did.
“Following the meeting, the Loudoun County Public Schools Superintendent and School Board Chair issued a statement justifying their decision by accusing the parents of spreading ‘misinformation’ and using ‘talking points’ to advance a ‘political agenda.’ The statement further claimed that allowing public criticism based on ‘unverified allegations’ was ‘irresponsible’ and ‘a disservice to the community,”’ according to Miyares’ office.
Miyares lamented the decision to silence parents, underscoring protecting individuals’ constitutional rights.
“Parents expressing safety concerns for their children should never be silenced,” said the attorney general. “The First Amendment protects all viewpoints, including those critical of government decisions.”
The attorney general said the school board’s actions are “troubling” and “unconstitutional,” sending a “chilling message that dissenting voices” will be silenced.
“Silencing parents who speak out to protect their children undermines free expression, parental rights, and the accountability elected officials owe to their communities,” Miyares said. “The remedy for speech the government dislikes is more speech, not enforced silence.”
The attorney general asserts the “government bodies” can’t discriminate against free speech “based on viewpoint.” He concludes that the school board’s actions “blatantly violated these principles.”
This is not the first time Loudoun County has faced scrutiny for reenrolling a student charged with serious crimes, resulting in run-ins with angry parents.
In May 2021, a girl was assaulted in the girls’ restroom at Stone Bridge High School, followed by a second assault of a second female in a similar fashion that occurred in October 2021 after the perpetrator was transferred to Broad Run High School. The teen, a male saying identity is female, was later convicted.
The assaults sparked outrage in the community and throughout the country. The board faced lawsuits, but not before the second victim’s father was arrested during a June 2021 school board meeting for disorderly conduct after getting into a heated argument with school district officials.
Gov. Glenn Youngkin granted the father an absolute pardon.