Missouri mom secures free speech win after school district censored her over Facebook 'thumbs-down'
Supreme Court precedent has determined it is illegal for government officials to restrict constituents' access to official social media accounts. Public school employees are considered state government officials.
A Missouri mom secured a free speech victory this week after she complained that her child's school district blocked her access to the district's Facebook page over her criticism of a new hire.
The Liberty Justice Center warned the Kearney School District on behalf of Annie Palmer that its actions violated the First Amendment, after the district deleted her comments and blocked her from its official Facebook page in April because of her criticism regarding the hiring of a new school principal.
Palmer also used the thumbs-down reaction to the district's announcement, which reportedly upset the new principal, according to public records obtained by Palmer. The exact comments and criticism were not clear.
The district's reaction occurred without notice, explanation or reference to a policy governing restrictions on public access, which prompted concerns about the district’s lack of a written policy protecting the public’s First Amendment rights on its social media accounts.
No ‘hurt feelings’ exception to First Amendment
The center highlighted in a letter to the school district that Supreme Court precedent has determined it is illegal for government officials to restrict constituents' access to official social media accounts, which was also supported by a ruling from the governing 8th U.S. Circuit Court of Appeals.
The Supreme Court ruled in 2024 that public officials act in their capacity as a government official when they block access to or delete comments on official social media posts. Public school employees are considered state government officials.
“There is no ‘hurt feelings’ exception to the First Amendment,” Timothy Snowball, senior counsel for the Liberty Justice Center’s PARENTS Initiative, said in a statement. “Annie Palmer should never have been censored because a school employee disliked her opinion."
Legal victory
The Liberty Justice Center said the school district has agreed to the center's demands that it provide written assurance that neither Palmer nor any other member of the public will be restricted from accessing district social media accounts based on their viewpoint.
The school district said it has also now put in place a written policy that acknowledges the public’s First Amendment rights, and will train the staff running the accounts on those rights.
"The district takes its First Amendment responsibilities seriously and values the ability of parents and community members to engage with the district," Kearney School District Superintendent Emily Miller said in a response letter to the center.
Snowball praised the district's response, stating it was a victory for every parent and community member and not solely his client.
"The district’s compliance is a victory not just for Annie, but for every parent and community member whose right to speak must be respected," Snowball said. "It is also a reminder that the Liberty Justice Center is prepared to combat unconstitutional government actions on behalf of parents wherever they may arise.”
Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.