The legal defense firm Alliance Defending Freedom is demanding that Frederick County Public Schools halt its Title IX investigation of Maryland school board member Colt Black, arguing the probe represents unconstitutional retaliation for protected speech.
In a strongly-worded letter sent February 11, Alliance Defending Freedom (ADF) attorneys assert that the investigation was launched after Black expressed concerns about a school policy regarding transgender and gender nonconforming students during a January 8 board meeting.
According to the letter, the investigation began after the Frederick County Democratic Central Committee issued a statement on January 11 “labeling Mr. Black’s comments as ‘hate speech’ and calling for members of the community to submit ‘FCPS Discrimination and Harassment form[s]'” under the district’s Title IX policy.
The letter argues that Black’s comments do not constitute harassment under Title IX legal standards, citing Supreme Court precedent that harassment must be “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.”
“Mr. Black’s comments were neither severe, pervasive, nor objectively offensive,” the letter states. “He merely expressed his concerns about Policy 443, concerns which were also expressed at the meeting by other Board members and members of the community.”
Alliance Defending Freedom attorneys argue that the investigation represents unconstitutional viewpoint discrimination, writing that “it is a ‘bedrock’ First Amendment principle that the ‘government may not prohibit the expression of an idea simply because’ some ‘find the idea itself offensive or disagreeable.'”
The letter also contends that the investigation itself has a chilling effect on protected speech, noting that “the threat of invoking legal sanctions and other means of coercion, persuasion, and intimidation” can violate First Amendment rights as significantly as direct censorship.
What is Alliance Defending Freedom?
Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Alliance Defending Freedom Church & Ministry Alliance works to defend religious organizations’ First Amendment rights and autonomy through legal representation and advocacy.
ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom, says students, teachers, and school board members have the constitutionally protected freedom to express their beliefs.
In a statement published on Alliance Defending Freedom Media, Langhofer said, “The First Amendment prohibits the weaponization of the law to silence one’s political opponents. Colt is a democratically elected member of the Board. He cares about the integrity of his school district and the quality of education students receive, and he rightly observed that Policy 443 contains serious constitutional violations. Rather than take his concerns seriously, the Board caved to political pressure to punish him for his beliefs. We are urging the board to end its vindictive Title IX investigation. As we’ve recently seen elsewhere, there is a high cost for school districts that punish officials for their beliefs.”
Alliance Defending Freedom has requested a response from the school board by February 14, warning that if the investigation is not halted, they “will advise [their] client of other ways to vindicate his constitutional rights.”
The organization highlighted its track record in similar cases, noting that since 2006, its Center for Academic Freedom “has represented clients in over 430 litigation victories for First Amendment freedoms on public university campuses nationwide.”
The letter demands the preservation of all documents related to the investigation, including “any emails, complaints, etc., relating to Mr. Black, and all records of any Title IX investigations into Board members, FCPS staff, or students the last five years.”