Trenton, NJ — An Alloway Township school board member has filed a federal lawsuit claiming New Jersey officials unconstitutionally restricted her ability to speak with constituents about school issues. Gail Nazarene sued Education Commissioner Kevin Dehmer and members of the School Ethics Commission after a fellow board member filed an ethics complaint over Nazarene’s Facebook posts seeking public input on school tax increases.
The complaint alleged her posts confused the public and suggested she spoke for the board without authorization. Nazarene argues the state’s interpretation of the School Ethics Act has chilled her speech, preventing her from commenting on issues such as regionalization plans she worries will reduce local control. She says the law is being used to silence elected representatives. “I didn’t join the school board to be told to shut up,” she said, arguing she should be free to engage constituents.
At the center of the dispute is a 2022 advisory opinion stating school board members risk ethics violations even when discussing public information with disclaimers clarifying they are not speaking for the board. Critics say the interpretation is overly broad, potentially penalizing board members for posting links to already public documents.
Nazarene is represented by the Foundation for Individual Rights and Expression, which argues the policy imposes a content-based speech restriction that fails constitutional scrutiny. The lawsuit asks the court to declare the commission’s interpretation unconstitutional and block enforcement.
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Complaint PDF – Unrated
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