Commentary

McBreairty v. Miller

McBreairty v. Miller

Banned for life from all school-owned property.

That was the reality for Shawn McBreairty after he spoke critically about school policies at a school board meeting. He didn’t threaten anyone or say anything obscene. He merely exposed the truth about the radical sexualized curriculum being taught in his daughter’s public school.

Under Maine law, school board meetings are designed to operate as a public forum for “comment,” including from parents. But the RSU22 School Board created a “personnel matters” policy that prohibits those publicly commenting at school board meetings from discussing the job performance of employees, whether positive or negative.

Make no mistake—cloaked as protecting personnel privacy, in application, the school board leverages this policy to police speech that criticizes the woke agenda being pushed upon children.

This became clear when the school board shut down Shawn McBreairty but allowed other speakers to talk about school personnel.

For example, at one school board meeting, public speakers praised the 2022 Maine Teacher of the Year, Kelsey Stoyanova, calling her “thoughtful,” “intentional,” “brave,” and “brilliant.” The school board even joined the speakers in applauding her.

But at a later meeting, Shawn took his turn at the microphone to challenge this narrative and criticize Stoyanova over her curriculum. He played a prerecorded message raising concerns with the woke, sexualized content being forced on kids, including his own daughter.

Immediately, the school board ordered Shawn to sit down, cut his video feed, stopped the meeting, and called the Hampden Police Department to remove Shawn from the meeting.

Then they banned him for life from all school property.

With the help of the Center for American Liberty, Shawn McBreairty is now defending his right to petition the government for redress without fear of retaliation. The school board’s policy is viewpoint discriminatory and bans speech critical of the school, its teachers, and its woke curriculum. It is simply unconstitutional.

Whether it is Shawn McBreairty’s objection to the sexually graphic materials on display in the school’s library or any other parent’s objection to pro-Marxist curriculum being taught in their child’s classroom, parents must be allowed to offer viewpoints critical of schools, teachers, and curriculum at school board meetings. Parents shouldn’t have to fear government retribution for exercising their First Amendment rights.

School board meetings are no exception to the First Amendment.

McBreairty v. Miller