Orlando, FL — Following a decisive legal victory that affirmed parents’ First Amendment rights to speak at school board meetings, Moms for Liberty – Brevard County and individual parents have secured a settlement requiring Brevard Public Schools to pay $567,990.19 in attorneys’ fees, costs, and expenses.

The Brevard County School Board voted to approve the settlement last night, ending a case that began in November 2021, when Moms for Liberty – Brevard County and four parent plaintiffs—Amy Kneessy, Ashley Hall, Katie Delaney, and Joseph Cholewa—sued after the school board repeatedly silenced them at public meetings for criticizing board members and policies. With representation from the Institute for Free Speech and local counsel David Osborne of Goldstein Law Partners, the parents challenged the board’s use of vague and viewpoint-discriminatory speech restrictions.

The fee payment follows a series of legal victories for the plaintiffs, including a decision in October 2024 by the U.S. Court of Appeals for the Eleventh Circuit, which struck down the board’s policies prohibiting “abusive” and “personally directed” comments. The court ruled that these restrictions violated the First Amendment, making it clear that parents have a constitutional right to address concerns about school board members, policies, and decisions during public comment periods.

Even after the Eleventh Circuit’s ruling, Brevard Public Schools initially continued enforcing the unconstitutional policies at board meetings in November and December 2024. When the board refused to stop applying these restrictions, the parents returned to court. In January 2025, the district court granted an emergency temporary restraining order requiring the board to immediately cease enforcing the speech restrictions.

The case highlighted a pattern of discriminatory enforcement at Brevard school board meetings. The board interrupted, warned, and silenced parents attempting to criticize controversial policies, such as mask mandates and the availability of sexually explicit books at school libraries. Meanwhile, speakers who praised board members were allowed to violate the same speaking rules without consequence. In one instance, board officials used law enforcement to grant preferential access to activists aligned with their views while denying entry to parents with opposing perspectives.

“We are proud to have represented Moms for Liberty in such an important victory for parental rights and free speech,” said Institute for Free Speech Senior Attorney Brett Nolan, who served as lead counsel for the parents during the latter part of the litigation. “Parents and community members have a First Amendment right to hold their local school leaders accountable during public meetings. We hope that this substantial fee award will make other government officials think twice before silencing speech they don’t like.”

“This settlement sends a message that those who violate constitutional rights will pay a steep price,” said plaintiff Amy Kneessy.  “I’m grateful for the Eleventh Circuit’s ruling that made it crystal clear that parents have a First Amendment right to address their concerns at school board meetings without being silenced based on viewpoint. And I’m proud that we stuck with this fight, even when it would have been easier to walk away.”

The settlement resolves all remaining disputes over attorneys’ fees and expenses in the case. Under the agreement, Brevard Public Schools will pay $541,810.19 to the Institute for Free Speech and $26,180.00 to Goldstein Law Partners within 60 days. These payments are separate from the nominal damages previously awarded to the plaintiffs.

The case establishes important precedent protecting the rights of parents and community members to participate fully in democratic governance at the local level. The Eleventh Circuit’s ruling and the substantial fee award send a clear message that government officials cannot use vague speech policies to silence criticism or discriminate based on viewpoint.

To read the settlement agreement in Moms for Liberty – Brevard County, FL, et al. v. Brevard Public Schools, et al., click here. To read the Eleventh Circuit opinion from October 2024, click here. To visit our case page, which includes photos for media use, click here.

About the Institute for Free Speech

The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment.