WHO: Mackinac Center for Public Policy attorney Steve Delie

WHAT: Available for media interviews following oral arguments in Sandra Hernden v. Chippewa Valley School District, et al.

WHEN: Following the hearing, which begins at 9 a.m. EDT, Thursday, June 12

WHERE: U.S. Court of Appeals for the 6th Circuit, Potter Stewart U.S. Courthouse, 100 East Fifth Street, 607 – 6th Floor West Courtroom, Cincinnati, Ohio, or watch livestream. To schedule an interview, contact Mackinac Center director of communications, AnnMarie Pariseau at (734) 718-1487.

OHIO – The U.S. Court of Appeals for the 6th Circuit will hear oral arguments in a case involving Sandra Hernden, a police officer and mother from the Chippewa Valley School system in Michigan who is suing local school board officials for retaliating against her freedom of speech.

Represented by the Mackinac Center Legal Foundation, Hernden filed the lawsuit after the school board president complained to her employer and reported her to the Department of Justice in 2021 following her comments critical of the district’s COVID-era education policies.

Hernden spoke out at multiple public school board meetings, expressing concerns about the impact of remote and hybrid learning on her special-needs child. After she cited a federal court ruling that reaffirmed parents’ rights to speak at board meetings, the board president reported her to the U.S. Department of Justice. The incident took place at a time when then–Attorney General Merrick Garland had controversially labeled outspoken parents at school board meetings as potential “domestic terrorists.” Her lawsuit alleges that this act constituted unlawful retaliation and a clear violation of her First Amendment rights.

In June 2023, the court denied the school district’s motion to dismiss the case, finding sufficient evidence that board officials were aware of the retaliation and failed to intervene. Thursday’s oral argument will be a pivotal moment in Hernden’s ongoing fight to hold elected officials accountable and ensure that public forums remain open to diverse voices.

“No one should face retaliation for speaking out to protect their child’s education,” said Steve Delie, an attorney at the Mackinac Center. “Sandra Hernden was exercising her constitutional right to speak at a public meeting. This case is about holding government officials accountable when they try to silence the people they are supposed to serve.”

Case details.