America was founded on the principle that everyone has a right to speak (or not to speak) on the issues that matter to them. But in the State of New York, parents, students, and school board members are being silenced by government officials who disagree with their views on biological sex and forced to conform to the government’s views on gender ideology.
In May 2025, Attorney General Letitia James, along with other government officials, issued a Guidance Letter to every school board in the state, warning them that if they speak out against transgenderism—such as advocating for students’ safety or allowing parents to advocate for their children’s safety by maintaining sex-separated sports teams and bathrooms—school board members could be removed from office. Going a step further, New York warns that if anyone “misgenders” (i.e., uses someone’s biologically correct pronouns) or otherwise “attacks” individuals based on their “gender identity” during a school board meeting, school board members must shut down their speech or face consequences.
Southeastern Legal Foundation (SLF) is proud to represent parents and school board members who refuse to be silenced and are taking New York to court. Representing two parent advocates and two school board members, SLF filed a federal lawsuit in the District Court for the Northern District of New York against James and other officials for violating core free speech rights.
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In the lawsuit, SLF explains that the First Amendment forbids the government from discriminating against the views it disagrees with or forcing individuals to voice support for certain views. But through its Guidance Letter, New York not only forces school board members to self-censor and avoid sharing the view that individuals cannot change sexes, or that students should not be allowed to share facilities with the opposite sex; it goes further by telling school board members that they also cannot allow parents to voice those concerns on behalf of their own children during school board meetings. At the same time, the letter allows anyone to speak in favor of transgenderism and forces speakers to use biologically incorrect pronouns when referring to others.
If a school board member fails to comply, James and the other officials can remove him or her from office, flouting the democratic electoral process. Worse, anyone can submit a complaint against a school board member or speaker; there is absolutely nothing to rein in the censorship.
New York’s discriminatory treatment cannot stand. The First Amendment plainly prohibits compelling speech and discriminating based on viewpoint, and SLF is proud to stand beside these parents and school board members standing up for their children and students in court.