Victory: Jewish Parent Wins Free Speech Battle

The ACLJ is standing up for parental rights and against antisemitism in all its forms across the country and around the world. We are pleased to announce that our case defending a Jewish parent sued for defamation has been successfully resolved. The lawsuit was settled on mutually agreeable terms that did not involve any monetary exchange and the claims against our client have been dismissed.

When parents raise concerns about what happens in their children’s schools, they should be able to engage in public discourse without facing legal retaliation. This settlement and the dismissal of the case against our client represent an important milestone in protecting those fundamental rights.

This case began when a parent, Michelle Bernstein, exercised her constitutional right to share and comment on social media posts made by a public school employee. Bernstein expressed her opinion about statements she viewed as problematic. She did what concerned parents across America do every day: She spoke up about matters affecting her children’s education.

In response, she faced a lawsuit alleging defamation, false light, and tortious interference – claims designed to punish her for exercising her First Amendment rights. Our client didn’t have the resources to hire a lawyer to defend herself. With the support of ACLJ members, we stood in the gap and defended her fundamental freedoms in federal court.

Take action with us and sign our petition: End Discrimination: Protect Jewish Students on Campus.

First Amendment Principles at Stake

The legal principles in this case are foundational to American liberty. Under both the Illinois Citizen Participation Act and the First Amendment, citizens have the right to express opinions on matters of public concern – even harsh, critical, or controversial opinions. Courts have consistently held that subjective accusations and expressions of opinion are protected speech, not grounds for defamation liability.

In our Motion to Dismiss, we argued that Bernstein’s statements were protected opinions, not actionable statements of fact. We emphasized that the First Amendment prohibits liability for expressions of opinion, particularly on matters of public concern like education policy and the conduct of public employees.

The Supreme Court and lower courts have long recognized that robust public debate is essential to self-governance. The marketplace of ideas depends on citizens being able to engage in unfettered discussion without fear of legal retaliation. When parents criticize school officials, when activists call out problematic statements, when citizens challenge the status quo – they are exercising the very rights the First Amendment was designed to protect.

Why This Victory Matters

The case’s successful resolution sends a powerful message: Americans will not be silenced through intimidation and lawfare. When citizens stand firm in defense of their constitutional rights, supported by skilled legal advocacy, they can successfully fight back against attempts to weaponize the legal system and silence them.

This victory protects not just our client, but every parent who has ever hesitated to speak up at a school board meeting, every citizen who has second-guessed posting their opinion on social media, and every advocate who has wondered whether expressing their views might result in a retaliatory lawsuit. When one person successfully defends their First Amendment rights, all Americans benefit.

The ACLJ remains committed to defending citizens who face legal retaliation for exercising their constitutional rights. We will continue to fight against lawfare, defend the marketplace of ideas, and ensure that public discourse remains robust and free from intimidation.

Our Founders understood that unfettered debate on public issues is essential for self-governance. They recognized free speech as a paramount liberty and enshrined it in the First Amendment. This case reaffirms those foundational principles and demonstrates that when Americans stand together, we can defeat attempts to silence protected speech.