Parent Files Lawsuit, Accusing T/E Of Violating First Amendment Rights

PHILADELPHIA — A parent of a Tredyffrin/Easttown School District student filed a federal lawsuit in U.S. District Court here accusing the district of violating his First Amendment rights by preventing him from recording his voice reading records of the district related to critical race theory.

Benjamin M. Auslander claimed in the lawsuit filed April 12 that the district violated his First Amendment rights when preventing him from recording himself reading information provided by the district about critical race theory, according to the suit filed by his attorney, Walter S. Zimolong, Villanova.

Auslander is seeking an injunction preventing the district from interfering with his right to record and/or photograph materials provided to the district from Pacific Educational Group, a San Francisco based nonprofit providing training materials to district employees about racial equity.

He also requested nominal damages and attorney fees.

Defendants named in the suit are the district and Arthur J. McDonnell, business manager.

Brian R. Elias, a Plymouth Township lawyer representing the district, was not immediately available for comment.

The case is before Senior U.S. District Judge Harvey Bartle III.

According to the lawsuit:

The district denied Auslander’s request to provide records of the district’s material on critical race theory, but allowed him to review the training materials provided to the district in 2018 by PEG.

During the review, Auslander was recording his voice reading the materials.
Auslander said after being threatened with civil and criminal liability for recording his voice, he continued to record himself.

Then, Auslander alleged in the suit that he was forced to leave the school office.