Episode 20: Moms for Liberty v. Wilson County Board of Education
Moms for Liberty – Wilson County, TN, et al. v. Wilson County Board of Education, et al., argued before Circuit Judges Jane Branstetter Stranch, Amul R. Thapar, and Eric E. Murphy in the U.S. Court of Appeals for the Sixth Circuit on October 29, 2024. Argued by Brett R. Nolan, Senior Attorney, Institute for Free Speech (on behalf of Moms for Liberty – Wilson County, TN, et al.) and Christopher C. Hayden (on behalf of the Wilson County Board of Education, et al.).
Statement of Issues, from the Opening Brief for the Appellants:
1. Whether Plaintiffs are likely to succeed on their claim that the Wilson County Board of Education’s policy requiring that speakers announce their address during the Board’s public-comment period violates the First Amendment.
2. Whether Plaintiffs are likely to succeed on their claim that the Wilson County Board of Education’s policy prohibiting “abusive” speech during its public-comment period violates the First Amendment.
3. Whether Plaintiffs are likely to succeed on their claim that the Wilson County Board of Education’s requirement that individuals who want to speak on non-agenda items during the public-comment period prove their comments are “in the public interest” violates the First Amendment.
4. Whether the Wilson County Board of Education’s partial voluntary cessation moots Plaintiffs’ challenges to the Board’s policies.
5. Whether the Wilson County Board of Education’s partial voluntary cessation prevents a finding of irreparable harm.
6. Whether Plaintiffs are entitled to a preliminary injunction against the address rule, the abusive-speech rule, and the public-interest rule.
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