MIDLAND, Mich. — The U.S. Supreme Court has declined to hear the case of a Michigan mother who was bullied by her local school district for speaking at a public board hearing. Hernden v. Chippewa Valley Schools challenged a school board president’s decision to report a parent to the U.S. Department of Justice after she publicly criticized the district’s COVID-19 policies.

The Mackinac Center Legal Foundation represented Sandra Hernden, a police officer and mother of a special-needs child, arguing that the government retaliated against her for exercising constitutionally protected speech.

Hernden’s case began in 2021, when she spoke out about remote learning and curriculum changes that hurt her son’s academic progress. In the same climate that saw a national school boards group liken vocal parents to “domestic terrorists,” the Chippewa Valley school board president forwarded Hernden’s email to a DOJ tip line and asked federal officials to “curb this behavior.”

“Reporting dissenting parents as ‘domestic terrorists’ is intimidation, not governance,” said Patrick Wright, vice president for legal affairs at the Mackinac Center for Public Policy. “When school officials use federal law enforcement channels against parents who criticize them, the message to every parent is simple: Speak at your own risk.”

Lower courts agreed that Hernden’s school board testimony was protected speech but still ruled for the district. By declining to hear the case, the Supreme Court leaves those rulings in place and leaves parents to wonder how far officials can go in calling in federal law enforcement before that behavior counts as retaliation.

Though the Court declined this chance to provide clarity, the Mackinac Center Legal Foundation will continue to challenge policies and practices that turn civic participation into a liability for parents.

Contact:
AnnMarie Pariseau
Director of Communications
989-631-0900
pariseau@mackinac.org