Supreme Court Hears Case on Right to Speak at Board Meeting

New Jersey Supreme Court Hears Case on Right to Speak at Board Meeting

On Sept. 29, the New Jersey Supreme Court conducted oral argument in a matter that will have serious freedom of speech implications for all boards of education in New Jersey. This case involved a $100,000 jury award for an alleged violation of a parent’s First Amendment constitutional rights during a public board meeting. In Besler v. West Windsor-Plainsboro Reg’l Board of Education, parent Philip Besler attended several public board meetings to voice his displeasure over the conduct of the girls’ high school basketball coach. The coach’s language was unduly harsh and abusive and was often directed at Besler’s daughter, the parent contended. After speaking about the coach’s conduct at seven board meetings, at an eighth public meeting, Besler was gaveled-down by the board president while attempting to speak out on the same issue. At the ensuing trial, a jury awarded over $100,000 in damages and more than $350,000 in attorneys’ fees. The board appealed the matter to the Appellate Division and ultimately the state Supreme Court. At the New Jersey Supreme Court, the board’s attorney argued that the gaveling was a legitimate time, place, and manner restriction. NJSBA argued that the Open Public Meetings Act granted the board the right to exclude the public from discussions involving personnel matters. Besler’s attorney argued that both the state and the federal constitution gave his client the right to address matters of public importance during the public portion of a board meeting. A decision is expected by the end of the year.

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New Jersey Supreme Court Hears Case on Right to Speak at Board Meeting