‘Department of Conformity’: NYC Department of Ed sued for silencing dissenting voices

Three New Yorkers filed a lawsuit against the NYC Department of Education (DOE) and one of its school boards for viewpoint discrimination and violating the First Amendment.

The plaintiffs – Deborah Alexander, Maud Maron and Noah Harlan – are all elected members of New York City’s various Community Education Councils (CECs), which are a type of school board.

Their lawsuit accuses the NYC Department of Education and CEC 14 of unconstitutionally suppressing dissenting viewpoints and chilling free speech.

The trouble began in November 2023 when CEC 14 formally encouraged a student walkout to protest “against Israel’s prosecution of the war between that country and the Hamas terrorist organization in Gaza, against continued American support for Israel, and, in fact, to demonstrate against Israel’s continued existence,” the suit says.

The board allegedly endorsed chants like “We don’t want Zionists here,” and “From the river to the sea, Palestine will be free.” 

But when attendees of CEC 14’s virtual public meeting – including the plaintiffs – criticized the board’s actions, they were cut off or even expelled from the meeting, the lawsuit continues. 

Speakers in favor of the walkout were allowed to express themselves freely, however. 

CEC 14 also circulated a resolution against members of a parent group called PLACE (Parent Leaders for Accelerated Curriculum and Education).  

Affiliates of PLACE were banned from attending CEC 14 meetings and interacting on social media. 

“The First Amendment guarantees the right to criticize public officials and speak freely on matters of public concern,” said Alan Gura, vice president for litigation at the Institute for Free Speech, which represents the plaintiffs. “Yet, CEC 14 leaders have used school resources to promote their own extreme political views while excluding critics from public meetings and blocking them on social media.” 

Gura explained that the plaintiffs were targeted by the DOE and subjected “to inquisitorial investigations and threats of removal from office for ‘wrongthink.’”  

“The First Amendment does not allow New York City’s Department of Education to function as a Department of Conformity,” the lawsuit said. “[The Defendants] deprived and continue to deprive Plaintiffs of the rights to free speech, assembly and association in violation of the First and Fourteenth Amendments to the United States Constitution.” 

The suit also alleges content and viewpoint discrimination.  

“Parents who dare to challenge the reigning orthodoxy are being investigated, harassed and chased out of election positions,” plaintiff Maron told the New York Post. “We should show our children how to engage those with different ideas, not how to silence them.”