On May 17, 2010 the New Jersey Supreme Court upheld the Appellate Division's decision that the West Windsor-Plainsboro Regional School District (Board) violated Plaintiff, Philip Besler's first amendment rights, when he was gaveled down and silenced at a Board meeting for no other reason other than the unpopular viewpoint he expressed. This decision will have serious freedom of speech implications for all boards of educations in New Jersey, and likely all public Boards throughout New Jersey.
In Besler v. Board of Education of West Windsor-Plainsboro Regional School District, Plaintiff, Philip Besler attempted to comment, during a public comment section of a school board meeting. He had attended several public board meetings to voice his displeasure over the conduct of the girls' high school basketball coach. After speaking about the coach's conduct at seven board meetings, at an eighth public meeting, Besler was gaveled-down by the Board President while attempting to speak out on the same issue. The Board President interrupted Besler, and stated "We've heard those comments before several times from you, and the Board will not entertain those comments tonight again for the numerous times." After Besler was silenced, two other members of the public spoke during the public comment period. The trial court entered a verdict against the Board of Education on Mr. Besler's First Amendment claim, awarding him $100,000 in damages for pain and suffering. The Appellate Division affirmed the trial court's ruling on Mr. Besler's First Amendment claim. The New Jersey Supreme Court held that Besler presented sufficient evidence for a jury to determine that the Board silenced him for no reason other than the unpopular viewpoint he expressed, and that this was a violation of his free-speech rights, but remanded to the trial court for a remitter, or, alternatively, a new trial on damages.
Freedom of Speech-NJ Supreme Court Protects 1st Amendment Rights During Public Board Meeting
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