first amendment speach protected, xenia incident

In the fall of 2024, I was contacted by Kelly Kohls, founder of the National School Board Leadership Council. She asked if I would attend a school board meeting in Xenia City Schools to support the district’s lone conservative board member. The board was scheduled to vote on a resolution to audit the district for Critical Race Theory. The superintendent had sent a letter to all parents attempting to intimidate the board member and rally opposition to the audit. It was a cowardly move that most superintendents would not have made.

Several of us activists in the community were notified of the situation at Xenia and two of us showed up to speak from the Cincinnati area.  One woman was a Moms for Liberty leader and I had been a previous board member with a similar experience, although much more intense bulling from the community and superintendent and law fair by my own “conservative” board members, as well as a board member for Protect Ohio Children and was currently a leader for a Moms for America county group. 

When it was my turn to speak, I had barely begun my public comment when the board president interrupted and threatened to shut off my microphone because I called the superintendent’s actions cowardly. Despite the interruption, I continued reading my statement.

A minute and half into my 5-minute allowance for public comment, the school board president abruptly stood up and claimed they were taking a recess. She was in such a hurried state that she forgot to make a motion, was corrected on her lack of action and the recess passed 4-1.  She then came up to the mic and yanked it off the podium while I was still speaking.  In the moment, I was unsure at what I had said for her to cause such a reaction except for the fact that I was currently stating Critical Race Theory was anti-American.

The board left the room, and I turned around and finished reading my statement to the crowd.  I heard a lot of commotion, but I couldn’t understand exactly what they were saying.  I was focused on finishing what I had prepared.  One gentleman stood up and quieted the audience so I could finish.  When my speech was completed, I went and sat down in my seat. 

I was utterly embarrassed that the crowd had caused such a commotion from my speech and how the board had acted.  By no means did I intend for such drama and had not expected such intense reactions.  Luckily, the room was packed with people filming and several videos surfaced of the interaction with the board president.  I was featured on X by Libs of TikTok and President Trump even commented on the post. 
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I sent the footage to my attorney. After losing in the lower court, which claimed my speech was an “ad hominem attack” not protected by the First Amendment, we appealed. A year and a half later, the Sixth Circuit Court of Appeals ruled in our favor. The court determined that the board engaged in unconstitutional viewpoint discrimination and allowed a heckler’s veto by shutting down my speech due to audience reaction.
This is a huge win for parents and community members and the right to free speech and petition the government. 
 
   https://reason.com/volokh/2026/06/11/no-hecklers-veto-allowed-at-school-board-meetings/

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