America First Legal (AFL) has initiated legal proceedings against the Loudoun County School Board. The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, accuses the school board of infringing on parents' First Amendment rights by silencing them during a public meeting. The parents were voicing concerns about a student allegedly linked to MS-13 being allowed back into school after an arrest for carrying a gun and making threats.
The complaint highlights a pattern by the Loudoun County School Board of suppressing dissent under claims of protecting student privacy. A special grand jury had previously criticized the district for prioritizing privacy over safety.
At an October 8, 2024, meeting, parents expressed worry over reports that an allegedly illegal immigrant student with gang ties was reinstated at school following his arrest for possessing a stolen firearm and threatening violence. This incident raised fears due to past decisions by Loudoun County Public Schools (LCPS), such as reassigning a student involved in sexual assault within the district.
During this meeting's public comment section, Chairwoman Melinda Mansfield halted discussions on student safety by accusing speakers of breaking decorum rules and abruptly ending comments. This action prevented some from speaking entirely, including a parent whose child had been assaulted at LCPS.
AFL argues that this conduct represents intentional viewpoint discrimination and violates free speech rights. The school board justified its actions as efforts to combat misinformation.
This is not LCPS's first controversy involving alleged unlawful conduct. In January 2023, AFL requested a U.S. Department of Education investigation into LCPS's handling of sexual assault cases involving gender identity issues, leading to an ongoing inquiry.
AFL seeks court intervention to declare LCPS's actions unconstitutional and stop further silencing of parental concerns regarding student safety and school decisions involving students arrested for violent offenses.
Ian Prior, Senior Advisor at America First Legal, stated: “Freedom of expression upon public questions concerning the functioning of our schools is a core right secured by the First Amendment... While Loudoun County Public Schools may believe that it can deprive First Amendment rights based on its claims of so-called ‘misinformation,’ the Bill of Rights makes clear that in the United States, the government is not the arbiter of truth.”