Judge Issues Ruling On Speech At Pennsbury School Board Meetings

LEVITTOWN, PA — Following a hearing and cross examination of facts related to the case, a judge has issued a preliminary injunction in the lawsuit by four men who attended a Pennsbury School Board meeting and claim they had their First Amendment rights compromised by board members.

Judge Gene Pratter issued an order on Wednesday, Nov. 17, that board members were not able to enforce rules in the school board policy that many say restricts the free speech of community members who come to make statements.

A preliminary injunction, as explained by the Legal Information Institute of Cornell Law School, is "an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment." It also states that, in order to get a preliminary injunction, "a party must show that they will suffer irreparable harm unless the injunction is issued."

The suit was filed on Friday, Oct. 1 by Tim Daly, Simon Campbell, Douglas Marshall, and Robert Abrams, four community members who attended a Pennsbury School Board meeting and were interrupted and had their time to speak cut by board members.

The four men filed a lawsuit to have school board policies such as Policy 903 deemed unconstitutional, claiming they violate peoples' First Amendment rights. The judge also blocked the school board from prohibiting speech listed in Policy 922, which lists speech deemed inappropriate and offensive.

Michael Gottrieb, one of the lawyers for plaintiffs, said the hearing for the injection took place on Monday, Nov. 8. The 4-hour hearing was followed by closing arguments on Friday, Nov. 12.

"We think this is a huge first amendment case," Gottrieb said. He believes the results of this case will have nationwide importance to similar cases.