By Adam Pagnucco.
Back in November 2023, I reported on a federal lawsuit filed by America First Legal on behalf of plaintiffs Matthew Foldi and Bethany Mandel. America First Legal was co-founded by Stephen Miller, a former and current Trump administration official. Foldi was a 2022 GOP candidate for Congress in the sixth district and a reporter for the Spectator. Mandel is an author and media commentator who later ran for school board last year.
The suit alleged that Foldi and Mandel were denied entry into a crowded school board meeting in violation of their First Amendment rights and the Maryland Open Meetings Act. It also alleged that Mandel was blocked from “an official MCPS X account” run by a group of six MCPS teachers.
Last year, the U.S. District Court of Maryland granted a motion by MCPS to dismiss the plaintiffs’ claims relative to the school board meeting. However, it did not grant MCPS’s motion to dismiss the claims relative to the X account. That part of the case moved forward.
Yesterday, America First Legal announced that it had obtained “a six-figure settlement” from MCPS on behalf of Foldi and Mandel. I have asked MCPS for official comment on whether it in fact settled and if so, how much it paid. When MCPS responds, I will update this post.
America First Legal’s statement appears below.
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VICTORY — America First Legal Obtains Six-Figure Settlement for Clients in Lawsuit Against Montgomery County Public Schools for First Amendment Violations
WASHINGTON, D.C. – Today, America First Legal (AFL) announced it has secured a six-figure settlement from Montgomery County Public Schools (MCPS) on behalf of its clients, Matthew Foldi and Bethany Mandel, following a ruling from the U.S. District Court for the District of Maryland that found MCPS’s “Staff Pride” affinity group may have violated Mandel’s First Amendment rights by blocking her on X after she criticized the school district’s decision to end parents’ rights to opt their children out of LGBT-based curriculum.
AFL filed the lawsuit against MCPS in November 2023. In denying MCPS’s motion to dismiss Mandel’s claim, the court stated, “Mandel was iced out while others who shared the Pride Members’ views and supported the MCPS policies were not similarly restricted.” The court further held that the “Pride Members’” argument that they were protected by qualified immunity “flies in the face of binding precedent available to [them] at the time.”
In addition to the monetary aspect of the settlement, MCPS has now required the “Staff Pride” affinity group to unblock Mandel. It has also amended its social media policy to explicitly prohibit viewpoint discrimination by MCPS employees, and it will require MCPS staff to certify compliance with all aspects of the policy.
Notably, Mandel was blocked after she spoke out against MCPS’s decision to end parents’ rights to opt out their children from LGBT-based curriculum. That decision also led to a separate lawsuit currently pending before the U.S. Supreme Court, with a decision expected as early as this week. AFL filed an amicus brief in that case, Mahmoud v. Taylor, in support of the parents.
AFL is committed to standing up for the rights of parents, the media, and community members to speak on legitimate matters of public concern without being discriminated against because their viewpoint aligns with the majority of Americans instead of the entrenched minority that is running our nation’s schools.
Statement from Ian Prior, America First Legal Senior Advisor:
“America First Legal is proud to have represented Matthew Foldi and Bethany Mandel in their righteous efforts to hold Montgomery County Public Schools accountable to its constitutional obligations and its fiduciary duties to the public. The right to speak on matters of public concern, and especially on the performance of the government, is paramount in the United States of America. We are pleased that we were able to achieve this result for our clients and all those who have and will speak out and continue to hold Montgomery County Public Schools accountable. Those with radical agendas may be in charge of our public school systems, but the vast majority of Americans oppose their enforced ideology and their ability to speak critically on these issues is the key to returning our schools to normalcy.”
Statement from Bethany Mandel:
“This settlement sent a message to MCPS and other school districts across the country. Citizens demand transparency and accountability, and a refusal to provide that to journalists and residents has consequences. It’s a shame that it came to this point, but it’s an important victory for common sense in our county.”
Statement from Matthew Foldi:
“The First Amendment is alive and well in Montgomery County, for now, thanks to the truly tireless and dogged efforts of Ian and his entire team at America First Legal. For better or worse, what happens in Montgomery County foreshadows what liberal jurisdictions aspire to do across America, and these cases serve as warnings that if you violate the constitutional rights of your citizens, America First Legal will make you pay — literally.”
Learn more about the case here.
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For press inquiries, please contact press@aflegal.org.
Photo Credit / Adobe Stock: picture cells
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