Goldwater Institute Challenges Mesa School Board Speech Policy
By Ethan Faverino |
The Goldwater Institute has called on Arizona’s largest school district to immediately repeal a policy that prohibits “personal attacks” on school board members, staff, students, or members of the public during public comment periods, arguing the rule unconstitutionally silences criticism while allowing praise.
In a formal letter sent to Mesa Public Schools Governing Board President Courtney Davis, the Goldwater Institute contends the policy constitutes blatant viewpoint discrimination in violation of the First Amendment and the Arizona Constitution.
The Mesa Public Schools Governing Board adopted this policy in July 2024, banning any “personal attacks” during the public comment portion of board meetings. According to the Goldwater Institute, the rule effectively permits speakers to praise or thank board members, administrators, and teachers by name, but forbids any negative, critical, or challenging comments directed at the same individual—no matter how factual or civil the critique may be.
“This prohibition punishes a specific viewpoint insofar as it prohibits ‘attacks,’” the letter states. “It is not, then, the speaking about Board members, staff, students, or members of the public in general that the Governing Board is preventing, but only speech about those groups from a certain viewpoint. That is unconstitutional.”
Adam Shelton, an attorney for the Goldwater Institute, who wrote the letter, told The Center Square, “The Supreme Court has consistently held that viewpoint discrimination is almost always unconstitutional.”
The Goldwater Institute became involved after concerned Mesa parents contacted the organization, requesting a review of the policy. Shelton noted that the board reads the restriction aloud before every public comment session.
“The policy has chilled the speech of some of the parents,” Shelton added. “They’re afraid to speak out and bring problems before the school board. These parents are concerned about being banned or punished for making negative comments about school board officials.”
Public comment periods at school board meetings serve as a vital democratic function, allowing parents and community members to bring forward issues, including complaints about teachers, policies, or administrative decisions. The Goldwater Institute argues that Mesa’s policy undermines this purpose by making it nearly impossible to discuss real problems without naming those responsible.
Federal courts have repeatedly struck down similar policies. In Ison v. Madison Local School District Board of Education, the Sixth Circuit invalidated a rule banning “antagonistic” or “abusive” speech personally directed at board members as impermissible viewpoint discrimination. More recently, in Moms for Liberty – Brevard County, FL v. Brevard Public Schools, the Eleventh Circuit ruled against a prohibition on “abusive” comments, noting that such policies effectively require “happy-talk”—allowing positive comments while suppressing negative or challenging ones.
The Eleventh Circuit emphasized that restricting “personally directed” speech obstructs the core purpose of school board meetings: educating officials and the community about legitimate concerns. The court observed that a parent complaining about a math teacher’s instructional methods would struggle to explain the issue without referencing the teacher.
The Goldwater Institute warned that maintaining the policy exposes the district to potentially costly litigation. Following its victory in the Brevard case, Moms for Liberty secured a settlement requiring the Florida school district to pay nearly $600,000 in attorney fees, costs, and expenses.
In addition to federal constitutional concerns, the letter highlights that the policy likely violates Article II, Section 6 of the Arizona Constitution, which provides even broader protections for free speech than the First Amendment.
The Goldwater Institute has requested that the Mesa Public Schools Governing Board promptly amend its policy by removing the prohibition on “personal attacks.” The organization expressed willingness to work cooperatively with the board to bring the rules into compliance with constitutional standards and noted that all options remain under consideration if the policy is not revised.
No response has been received from the Board President, Courtney Davis, or the governing board as of the time of publication.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
