A Minnesota local school board has pushed censorship to absurd extents, according to critics.
In Foley Public School District, the public comment segment of board meetings bans residents from naming staff members or even referencing their job titles. Blake and Katy DeMarais, parents of a disabled and nonverbal student in the district, say their attempts to voice concerns about educational services over the summer were met with censorship in a public gathering.
At the board’s June 22 session, Katy began by saying she wished to discuss her family’s “experience with the special education director and district leadership.” A board member then interrupts, declaring, “I’ll have to stop you…because we’re not allowed to speak about people in the public meeting.” When she tried to finish her comment, she substituted the term “blank” for the special education director’s name.
Later in the same meeting, Blake DeMarais delivered his own public comment, which was also captured on video. He starts by reading an email from the district’s superintendent, but as soon as he utters only the word “superintendent,” he is cut off. “Blake, you’re done. You can’t talk about the superintendent. We already addressed this,” a voice asserts.
Nearly two months later, at an August 17 gathering, Blake, visibly upset, reads a message from the district’s lawyer. Quoting the email, he mentions “Superintendent Posthumus” and is immediately silenced. “Blake, I need you to stop at this point,” a voice interrupts. “When you start talking about staff members, that’s when we have to stop.”
“Do you know what viewpoint discrimination is?” Blake asks. “That’s what you’re doing to me right now.”
He’s right, of course, but the situation worsens: the board is also violating its own policy and state law. The policy adopted by the board in August 2024 defines public personnel data as including both the employee’s name and their title. It also covers other data, such as “actual gross salary” and “the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action.” The district’s policy aligns with Minnesota law, which states that a government employee’s name and job title are public data.
Regardless of what the district policy or Minnesota law says, the Foley school board trampled the DeMaraises’ First Amendment rights. When a school board opens a meeting to public comment, it cannot censor constituents for criticizing school staff, or merely for naming them or mentioning their titles. A government body can place reasonable, viewpoint-neutral restrictions on speech during a public comment period, such as time limits or staying on topic, but those restrictions must be justified and neutral. In the DeMaraises’ case, Foley Public School Board has violated policy, state law, and the First Amendment.
There’s a solid reason why staff names and titles are public information. The community has the right to know how tax dollars are spent and whether the public servants they fund are performing their duties effectively, ethically, and legally. How can Foley parents assess whether the adults responsible for their children’s education are doing their jobs if no one can criticize them by name or mention their titles?
The DeMaraises won’t be silenced. During the most recent board meeting in September, Katy stepped up to the microphone again to advocate for her son and reminded the board of its duty to the families it serves.
“Parents have a right to speak about their experiences—the good, the bad, and everything in between,” she said. “Advocacy is not harassment.”
