First Amendment Battle: Federal Lawsuit Accuses Teaneck Board of Education of Censoring Public Speech
the staff of the Ridgewood blog
Teaneck NJ, A high-profile legal battle over free speech rights at public government meetings is heading to federal court in New Jersey.
Keith Kaplan, a former Teaneck councilmember and publisher of the local online media outlet Teaneck Today, has filed a federal civil rights lawsuit against the Teaneck Board of Education and several current and former school officials. The suit accuses the Board of executing viewpoint discrimination, selectively silencing critics during public comment sessions, and retaliating against residents who voiced concerns over antisemitism and district leadership.
The complaint, filed in the U.S. District Court for the District of New Jersey, alleges that Board officials repeatedly interrupted, cut off, and weaponized vague “decorum” rules against Kaplan while allowing individuals with opposing viewpoints to speak completely unobstructed.
The Catalyst: Heated Debates Following the October 7 Attacks
According to court documents, the roots of the constitutional dispute trace back to a highly charged school board meeting on October 18, 2023, held shortly after the Hamas terrorist attacks on Israel.
The controversy ignited after Teaneck School Superintendent Andre Spencer issued a public statement describing the mass casualties as “the latest incidents in the cycle of violence in the Middle East.” Kaplan and several other local residents publicly criticized the statement at the meeting, arguing it was too neutral and failed to properly condemn terrorism.
The lawsuit alleges that former Board Vice President Victoria Fisher and former Board President Sebastian Rodriguez selectively enforced an informal ban on “graphic language” exclusively against critics of the administration.
When Kaplan took the lectern, he referenced civilians who were “butchered, raped, mutilated, [and] beheaded” by Hamas. The complaint states that Board officials cut off Kaplan’s microphone with time still remaining on his public clock and ordered law enforcement officers to forcibly remove him from the podium. Conversely, Kaplan claims pro-Palestinian speakers and defenders of the superintendent were permitted to use graphic terminology without interruption.
Allegations of Intimidation and Broadening Censorship Policies
The legal filing outlines a broader, ongoing effort by the school district to chill the protected speech of local citizens. In November 2023, the Board’s legal counsel, Mark Tabakin, sent a formal warning letter to Kaplan, stating that future violations of the district’s decorum guidelines could result in his permanent exclusion from public meetings. Kaplan states that this letter forced him to self-censor his remarks at subsequent sessions out of fear of being banned.
The legal challenge notes that the Teaneck Board of Education expanded these speech restrictions even further. The Board enacted policies that explicitly:
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Discouraged residents from “speaking negatively” about any school district employees.
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Prohibited public speakers from naming specific staff members or students during open sessions.
Kaplan’s legal team argues these rules are unconstitutional, overbroad, and grant public officials “unbridled discretion” to insulate themselves and their employees from legitimate public criticism. Notably, the national free speech advocacy group FIRE (Foundation for Individual Rights and Expression) reportedly warned the Board multiple times that its speech protocols violated the First Amendment, but the district declined to revise them.
The Legal Remedy Demanded in Federal Court
The lawsuit formally names the Teaneck Board of Education, former Board President Sebastian Rodriguez, former Vice President Victoria Fisher, Superintendent Andre Spencer, and Board member Clara Williams as defendants.
Kaplan is suing for violations of his constitutional rights to free speech, petition, assembly, and due process under both the U.S. and New Jersey constitutions. He is seeking:
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A permanent injunction blocking the Board from enforcing restrictions against “vulgar,” “inflammatory,” “abusive,” or “disparaging” speech.
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An injunction reversing the ban on “speaking negatively” about district employees.
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Compensatory damages, punitive damages, and coverage of all attorney’s fees.
The school board has not yet filed a formal legal response to the allegations. The landmark civil rights case remains pending in the federal courthouse in Newark.
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