(Dec. 12, 2025): Fox and Friends covers Southeastern Legal Foundation’s (SLF) lawsuit against New York Attorney General Letitia James and other state officials, who put out a “guidance letter” warning school boards to shut down speech advocating to protect girls’ sports and privacy from biological boys or face consequences. In the lawsuit, SLF represents school board members and parents suing James for violating their freedom of speech by forcing them to self-censor and silence others’ free speech.

President Kim Hermann and client Kerry Wachter, President of the Massapequa Board of Education, joined Brian Kilmeade to break down the lawsuit. Ms. Wachter states, “They were losing the narrative…on this issue about biological boys in girls’ locker rooms and so their solution was shut it down.” Wachter further explains how letting biological boys into girls’ locker rooms and on girls’ sports teams “is a live issue” in her district, where several female students have attended school board meetings to express their discomfort undressing in front of boys or competing on the same sports teams.

Hermann adds that the letter is a clear case of viewpoint discrimination. “What the State of New York is doing here, is saying that if somebody gets up to the microphone and says anything that the state disagrees with, so if they speak out against boys in girls’ locker rooms…then Kerry has to turn off their mic. Kerry has to tell them to sit down. Otherwise, she could be removed from her duly elected office. This is un-American, it is unconstitutional, and that’s why we’re really proud to represent Kerry and the other clients here in challenging the State of New York.”

The guidance letter issued by the State effectively silences public debate during school board meetings on one of the most pressing issues of the day. “We think it’s important to hear our constituents and we think it’s important to protect the First Amendment…as duly elected board members, we are here to represent our community and we have to be able to have conversations with the community.”

Watch the full interview at YouTube.com.