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School board battles: When does free speech become too threatening?


The Department of Justice launched an effort to discourage threats against school administrators in early October, citing a “disturbing spike” in harassment and intimidation. Attorney General Merrick Garland announced the move in a memo as parents nationwide push back against school districts over mask policies, vaccine requirements and lessons on what they call “critical race theory.”

According to Garland, the FBI and US Attorney’s offices will meet with local, state and federal law enforcement to devise strategies for managing the threats.

Critics of the effort say federal involvement in public school board meetings is a violation of the First Amendment.

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JENNIFER JENKINS: I REJECT THEM FOLLOWING ME AROUND IN A CAR, FOLLOWING MY CAR AROUND. I REJECT THEM SAYING THAT THEY’RE COMING FOR ME, THAT I NEED TO BEG FOR MERCY.

SHANNON LONGWORTH: SCHOOL BOARDS ARE UNDER ATTACK ON PAR WITH. DOMESTIC TERRORISM?

LET ME EXPLAIN.

IN A LETTER TO PRESIDENT BIDEN, THE NATIONAL SCHOOL BOARDS ASSOCIATION SAYS THE GOVERNMENT MUST PUT AN END TO THE DOMESTIC TERRORISM  THREATENING SCHOOL BOARDS ACROSS THE COUNTRY.

THEY’RE TALKING ABOUT THE PARENTS AND POLITICIANS’ PUSHBACK OVER MASKING POLICIES, VACCINE REQUIREMENTS, AND TEACHINGS ON—WHAT THEY CALL—CRITICAL RACE THEORY.

DEMONSTRATORS INSIST THEY HAVE A RIGHT TO FREE SPEECH, AND THEREFORE THE RIGHT TO VOICE THEIR CONCERNS—ESPECIALLY WHEN IT INVOLVES THEIR KIDS’ EDUCATION AND EVERYDAY LIFE.

ASRA NOMANI: “THE NATIONAL SCHOOL BOARD ASSOCIATION SAYS THIS IS WHAT A DOMESTIC TERRORIST LOOKS LIKE. AND THAT’S A PROBLEM.”

LONGWORTH: MEANWHILE, TEACHERS, ADMINISTRATORS, AND MANY LIBERALS SUPPORTING THESE ISSUES, ARE WORRIED ABOUT FACULTY SAFETY.

FRANK BARBIERI: “I’VE BEEN THREATENED WITH EMAILS. I WAS TOLD THAT I’D SOON BE WORM FOOD AND I CAN GO…WHATEVER.”

JENNIFER JENKINS: “I REJECT THAT WHEN THEY ARE USING THEIR FIRST AMENDMENT RIGHTS ON PUBLIC PROPERTY, THEY’RE ALSO GOING BEHIND MY HOME AND BRANDISHING THEIR WEAPONS TO MY NEIGHBORS. THAT THEY’RE MAKING FALSE DCF CLAIMS AGAINST ME TO MY DAUGHTER. THAT I HAVE TO TAKE A DCF INVESTIGATOR TO HER PLAYDATE TO GO UNDERNEATH HER CLOTHING AND VHECK FOR BURN MARKS. THAT’S WHAT I’M AGAINST.”

LONGWORTH: SO, ARE THE DEMONSTRATIONS AT THESE SCHOOL BOARD MEETINGS…GOING TOO FAR? THE DEPARTMENT OF JUSTICE THINKS SO.

IN A STATEMENT, ATTORNEY GENERAL MERRICK GARLAND RESPONDED TO THE SPIKE IN TENSION, SAYING “WHILE SPIRITED DEBATE ABOUT POLICY MATTERS IS PROTECTED UNDER OUR CONSTITUTION, THAT PROTECTION DOES NOT EXTEND TO THREATS OF VIOLENCE OR EFFORTS TO INTIMIDATE INDIVIDUALS BASED ON THEIR VIEWS.”

WITH THAT, HE’S LAUNCHING AN EFFORT TO STOP THE BEHAVIOR…ORDERING FBI AND US ATTORNEY’S OFFICES TO MEET WITH FEDERAL, STATE AND LOCAL LAW ENFORCEMENT TO CREATE STRATEGIES FOR MANAGING THE THREATS.

ALSO NEW, A FEDERAL TASK FORCE TO FIGURE OUT HOW TO PROSECUTE THE THREATS OF VIOLENCE THAT QUALIFY AS FEDERAL CRIMES.

AND FINALLY, SCHOOL OFFICIALS WILL GET SPECIAL TRAINING SO THEY KNOW HOW TO HANDLE IT ALL.

BUT CRITICS MAINTAIN THAT WHILE VIOLENCE IS, OF COURSE, CRIMINAL, “HARASSMENT,” “INTIMIDATION,” AND “THREATS” ARE NOT CLEARLY DEFINED IN GARLAND’S MEMO AND COULD EASILY ALLOW FOR LAW ENFORCEMENT TO JUST TRAMPLE ON THE FIRST AMENDMENT.

SENATOR JOSH HAWLEY: “I AM NOT AWARE OF ANYTHING LIKE THIS IN AMERICAN HISTORY. WE’RE TALKING ABOUT THE FBI. YOU’RE USING THE FBI TO INTERVENE IN SCHOOL BOARD MEETINGS. THAT IS EXTRAORDINARY.”

LONGWORTH: SO, ARE THESE PROTESTS GOING TOO FAR? SHOULD LAW ENFORCEMENT BE GETTING INVOLVED? WHAT DO YOU THINK?

LET ME KNOW IN THE COMMENTS AND DON’T FORGET TO HIT THE STRAIGHT ARROW BIAS METER.