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Citing Free Speech Violations, Judge Reinstates NYC Parent to Ed. Council

Marianna McMurdock — Wed, 04 Sep 2024 22:37:19 +0000

A federal judge ruled Tuesday a controversial Manhattan parent leader who was removed from a New York City education council for making disparaging comments about a student must be reinstated, finding her free speech rights were violated.

Maud Maron, who New York City Schools removed for “derogatory conduct” in June, can now resume her post on lower Manhattan’s coveted District 2 council. She has also been criticized for making anti-transgender comments against students.

In her ruling, federal judge Diane Gujarati also deemed the New York City Department of Education’s anti-harassment policy — which was used to remove Maron — “chilled … expression” and likely violates the First Amendment because of its vague language.

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The policy, D-210, is so unclear that it prevents “a person of ordinary intelligence – before such person is subject to investigation” from understanding what conduct is prohibited, the judge wrote.

Schools Chancellor David Banks removed Maron for comments made in the New York Post in which she called an anonymous Stuyvesant High School student author a “coward” and accused them of “Jew hatred” for an op-ed accusing Israel of genocide in Palestine in the student paper.

In December, a 74 investigation revealed Maron also said in a private chat that, “there is no such thing as trans kids,” among other disparaging remarks. In response, Banks called Maron’s behavior “despicable” but did not include the anti-trans comments in documents outlining her removal.

In a text, Maron told �� Wednesday she was reinstated because, “free speech still means something in this country. The people who voted for me won today because they were also deprived of their voice by the Chancellor’s unconstitutional decision.”

The judge’s decision was issued after Maron and two other parents sued the Department of Education, the education council for District 14 and its leadership for allegedly stifling their speech. Gujarti’s decision granted an injunction to stop the DOE from enforcing the anti-discrimination policy via removing council members. Their .

Department of Education officials said Gujarati’s decision makes it more difficult to safeguard children.

“We are disappointed by a ruling that limits our ability to protect students from harmful conduct by parent leaders. Even prior to the court’s ruling, we began reviewing the applicable Chancellor’s regulation and are preparing to propose revisions and initiate our public engagement process,” said spokesman Nathaniel Styer.

The department, Styer added, is reviewing the ruling for “next steps” and will continue to support district councils in complying with the law.

Gujarati’s ruling did not call for the reinstatement of Tajh Sutton, who is the only other parent to be removed from a district council post after a D-210 investigation, because it is a separate case. Gujarati’s ruling stated that there is no proper request before the Court to “identically extend” Maron’s relief to Sutton and therefore “is not addressed herein.”

Sutton, formerly president of Williamsburg’s District 14 council, was removed after their official X account posted a toolkit for a student walkout for a ceasefire in Gaza. DOE officials said the materials were “perceived by many community members as anti-Israel and antisemitic.”

As also reported by the , Sutton moved her district’s meetings online to limit threats – which included being mailed an envelope of human feces and death threats – which the department later said violated open meeting laws. CEC 14’s official X account also blocked Maron. Both actions were categorized in Gujarati’s ruling as limiting free speech.

Ultimately, “the judge upheld the right to free speech even if that speech is offensive,” said David Bloomfield, former DOE counsel and professor of education law with Brooklyn College and the City University of New York Graduate Center.

He added the ruling doesn’t justify the “odious” statements made, rather their right to be said in the first place, and that the system likely knew this was a possibility but would “rather be slapped down by a court than allow [Maron’s] behavior to persist.”

“The First Amendment guarantees a marketplace of ideas,” Bloomfield said. “When the government intrudes on that, it’s hard to defend.”

As NYC Removes Two Parents from Ed. Councils, Free Speech Violations Charged

Marianna McMurdock — Tue, 18 Jun 2024 16:22:29 +0000

Updated

In the first move of its kind, the nation’s largest school district removed two prominent elected parent leaders from community education councils after controversial rhetoric against transgender students and student advocacy for Palestine.

Elected to serve two-year terms on the city’s closest equivalent to school boards, parents Maud Maron and Tajh Sutton were removed Friday from lower Manhattan’s District 2 council and northern Brooklyn’s District 14, respectively.

Maron appeared in court June 18, seeking an injunction and reinstatement, alleging the Chancellor’s decision was a violation of free speech. The Education Council Consortium, a parent advocacy organization, has demanded Sutton’s reinstatement and criticized the Chancellor for equivalating Maron and Sutton.

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“It is a sad day when New York City Public Schools is compelled to take the actions I have ordered today, but the violations committed by these two individuals have made them unfit to serve in these roles,” Schools Chancellor David Banks said in the Friday press release announcing the removals.

In closing their statement denouncing Sutton’s removal, the Education Council Consortium said, “it is indeed a ‘sad day’ when New York City Public Schools uncovers a new way to further erode any confidence in this administration.”

A December investigation by �� previously revealed Maron said in a private chat that, “there is no such thing as trans kids.” Banks categorized her remarks as “despicable” and promised to take action. By March, a petition to remove her from Stuyvesant High School’s school leadership team for “bigotry” amassed more than 700 signatures. In April, the DOE ordered her to cease “derogatory” conduct.

For months, parents and city leaders condemned Maron for leading a push to re-examine the city’s guidelines for trans students’ participation in sports, and for calling an anonymous student author a “coward,” accusing them of “Jew hatred,” for an op-ed accusing Israel of genocide.

Across the East River, Sutton was subject to investigation for supporting a student walkout for a ceasefire in Gaza, including posting a digital toolkit and protest chants. In the letter listing his reasons for removing her, Banks said the materials shared by Sutton were “perceived by many community members as anti-Israel and antisemitic.”

The reported Sutton, then the president and only Black member of District 14 council, had support from many families in her district who believe she was “unfairly targeted” for her advocacy for Palestine and that the DOE did little to safeguard her council against death threats. Sutton said she was also mailed an envelope of human feces.

In a recent op-ed in the , Maron defended her actions and revealed Banks’s “official” reasoning for her removal pointed to the comments made against the anonymous student author. “But the real reason the Chancellor wants to remove me is because the Democratic establishment in New York City is furious because I know the difference between male and female and am willing to say so in polite company.” she wrote.

In the letter issuing Sutton’s removal, Banks alleged Sutton violated open meetings laws for moving council meetings online, a decision she maintains was made over safety concerns after violent threats and multiple police reports, for which the DOE offered to provide additional NYPD officers at in-person meetings.

Sutton told �� she was never questioned by the DOE’s equity council for the alleged OML violations, only regarding her advocacy. state that videoconferencing or hybrid meetings may be permitted under “extraordinary circumstances,” and do not state that violations may result in removal.

“If we were so out of compliance, why did you wait until June to remove me?” Sutton said. “Because you were waiting for Maron’s situation to get so hot that you could remove us together, so you could pretend that what I did is equal to what she did.”

David Bloomfield, an education law professor with Brooklyn College and the City University of New York Graduate Center, believes it was no accident Maron and Sutton were removed simultaneously, and questioned the precedent set for free speech.

“He seems to be treating them as similar situations and trying to balance the scales by removing a left wing member and a right wing member,” said Bloomfield.

While he did not question Banks’s legal right to remove Maron and Sutton, Bloomfield charged the precedent set is, “precisely what the First Amendment is supposed to protect against, which is the chilling of speech and particularly of political speech.”

Maron is one of three plaintiffs Sutton, Banks and District 14’s council for violating the First Amendment and suppressing parent voices. She has recently launched a consultancy group called ThirdRail, which promises to “help neutralize counterproductive DEI [diversity, equity and inclusion] initiatives” and build “flourishing workplaces where ideas – not ideologies – inspire strategy.”

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Citing Free Speech Violations, Judge Reinstates NYC Parent to Ed. Council

As NYC Removes Two Parents from Ed. Councils, Free Speech Violations Charged

community education council – ��